Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:9-22.1. Short title This act shall be known and may be cited as the "Local Government Ethics Law." L.1991,c.29,s.1.

40A:9-22.10 Violations, penalties. 10. a. An appointed local government officer or employee found guilty by the Local Finance Board or a county or municipal ethics board of the violation of any provision of P.L.1991, c.29 (C.40A:9-22.1 et seq.) or of any code of ethics in effect …

40A:9-22.11. Disciplinary actions against officer, employee found guilty of violation The finding by the Local Finance Board or a county or municipal ethics board that an appointed local government officer or employee is guilty of the violation of the provisions of this act, or o…

40A:9-22.12. Conducting of hearings All hearings required pursuant to this act shall be conducted in conformity with the rules and procedures, insofar as they may be applicable, provided for hearings by a State agency in contested cases under the "Administrative Procedure Act," P…

40A:9-22.13. Establishment of county ethics board a. Each county of the State governed under the provisions of P.L.1972, c.154 (C.40:41A-1 et seq.) may, by ordinance, and the remaining counties may, by resolution establish a county ethics board consisting of six members who are r…

40A:9-22.14. Provision of offices to county ethics board a. The governing body of the county shall provide the county ethics board with offices for the conduct of its business and the preservation of its records, and shall supply equipment and supplies as may be necessary. b. All…

40A:9-22.15. County code of ethics established Within 90 days after the establishment of a county ethics board, that ethics board shall promulgate, by resolution, a county code of ethics for all local government officers and employees serving the county. Local government officers…

40A:9-22.16. Powers of county ethics board A county ethics board shall have the following powers: a. To initiate, receive, hear and review complaints and hold hearings with regard to possible violations of the county code of ethics or financial disclosure requirements by local go…

40A:9-22.17. Request for advisory opinion from county ethics board A local government officer or employee serving the county may request and obtain from the county ethics board an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a vi…

40A:9-22.18. Response by county ethics board to written complaint The county ethics board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the county is in conflict with the county code of ethi…

40A:9-22.19. Establishment of municipal ethics board a. Each municipality of the State may, by ordinance, establish a municipal ethics board consisting of six members who are residents of the municipality, at least two of whom shall be public members. The members of the ethics bo…

40A:9-22.2. Findings, declarations The Legislature finds and declares that: a. Public office and employment are a public trust; b. The vitality and stability of representative democracy depend upon the public's confidence in the integrity of its elected and appointed representati…

40A:9-22.20. Provision of offices to municipal ethics board a. The governing body of the municipality shall provide the municipal ethics board with offices for the conduct of its business and the preservation of its records, and shall supply equipment and supplies as may be neces…

40A:9-22.21. Municipal code of ethics established Within 90 days after the establishment of a municipal ethics board, that ethics board shall promulgate by resolution a municipal code of ethics for all local government officers and employees serving the municipality. Local govern…

40A:9-22.22. Powers of municipal ethics board A municipal ethics board shall have the following powers: a. To initiate, receive, hear and review complaints and hold hearings with regard to possible violations of the municipal code of ethics or financial disclosure requirements by…

40A:9-22.23. Request for advisory opinion from municipal ethics board A local government officer or employee serving the municipality may request and obtain from the municipal ethics board an advisory opinion as to whether any proposed activity or conduct would in its opinion con…

40A:9-22.24. Response by municipal ethics board to written complaint The municipal ethics board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the municipality is in conflict with the municip…

40A:9-22.25. Written materials to be preserved for at least five years All statements, complaints, requests or other written materials filed pursuant to this act, and any rulings, opinions, judgments, transcripts or other official papers prepared pursuant to this act shall be pre…

40A:9-22.3 Definitions. 3. As used in this act: a. "Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs; b. "Business organization" means any corporation, partnership, firm, enterprise, franchise, association, t…

40A:9-22.4. Local Finance Board to have jurisdiction 4. The Local Finance Board in the Division of Local Government Services in the Department of Community Affairs shall have jurisdiction to govern and guide the conduct of local government officers or employees regarding violatio…

40A:9-22.5. Provisions requiring compliance by local government officers, employees Local government officers or employees under the jurisdiction of the Local Finance Board shall comply with the following provisions: a. No local government officer or employee or member of his imm…

40A:9-22.6 Annual financial disclosure statement. 6. a. Local government officers shall annually file a financial disclosure statement. All financial disclosure statements filed pursuant to P.L.1991, c.29 shall include the following information which shall specify, where applicab…

40A:9-22.7. Powers of Local Finance Board With respect to its responsibilities for the implementation of the provisions of this act, the Local Finance Board shall have the following powers: a. To initiate, receive, hear and review complaints and hold hearings with regard to possi…

40A:9-22.8. Request for advisory opinion from Local Finance Board A local government officer or employee not regulated by a county or municipal code of ethics may request and obtain from the Local Finance Board an advisory opinion as to whether any proposed activity or conduct wo…

40A:9-22.9. Response by Local Finance Board to written complaint The Local Finance Board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee, not regulated by a county or municipal code of ethics, is in c…

40A:9-23. Eligibility of members of the board of chosen freeholders for other offices or positions; conditions; exceptions No member of a board of chosen freeholders during the term for which he is elected shall be eligible for appointment to any office or position required to be…

40A:9-23.1. Term of appointment of member of county governing body to other public entity 1. Notwithstanding the provisions of any law, rule or regulation to the contrary, whenever an elected member of a county governing body is appointed to a position on any public authority, bo…

40A:9-24. Resignation of officers Any elective county officer desirous of resigning shall send his resignation, in writing, to the Governor. All such resignations shall be filed in the office of the Secretary of State. No resignation made in any other way or pretended to be made,…

40A:9-25. Removal of officers and employees; procedure; review In any county wherein Title 11 (Civil Service) of the Revised Statutes is not operative and unless otherwise provided by law, any officer or employee of such county who shall be removable from his office or position o…

40A:9-26. Clerk of board of chosen freeholders; term; duties; tenure; removal The board of chosen freeholders of each county shall appoint a clerk to the board for a term of 3 years. He shall keep in a book the minutes and a record of the orders and proceedings of the board. He s…

40A:9-27. Treasurer; term; duties The board of chosen freeholders of each county shall appoint a county treasurer for a term of 3 years. Except as otherwise provided by law, the county treasurer shall be the custodian of all county funds and disburse said funds only on the order …

40A:9-28. Comptroller; term; duties The board of chosen freeholders of any county may, by resolution, create the office of county comptroller and fix his duties and compensation. The county comptroller shall be elected by the board for a term of 3 years. In any county in which th…

40A:9-28.1. Definitions 1. As used in this act: "Chief financial officer" means the official appointed to be responsible for the proper financial administration of the county under the "Local Bond Law," N.J.S.40A:2-1 et seq.; the "Local Budget Law," N.J.S.40A:4-1 et seq.; the "Lo…

40A:9-28.2. Annual examinations; certificates; fees 2. a. The director shall hold examinations annually, and at such times as he may determine appropriate for certification of county finance officers. An applicant for examination shall present to the director written application …

40A:9-28.3 Renewal of certificates; fee; continuing education; mitigating circumstances. 3. a. Commencing July 1, 1995, all county finance officer certificates shall be renewed upon application, payment of the required fee of $50 and verification that the applicant has met contin…

40A:9-28.4. Appointment of chief financial officer. 4. a. Notwithstanding the provisions of any law to the contrary, in every county there shall be a chief financial officer appointed in the same manner as department directors in accordance with the county's form of government. T…

40A:9-28.5. Interim officers appointed by director 5. A county finance officer certificate may be issued without fee by the director to any employee of the Division of Local Government Services for the sole purpose of enabling that employee to serve as a chief financial officer o…

40A:9-28.6. Revocation, suspension of certificate 6. Any county finance officer certificate may be revoked or suspended by the director for dishonest practices or willful or intentional failure, neglect or refusal to comply with the Constitution of the State of New Jersey or laws…

40A:9-28.7. Regulations, forms, procedures 7. The director is authorized to adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such regulations, forms and procedures as may be necessary to carry out the terms of this act. L.1993,c.…

40A:9-29. Auditor; term; duties The board of chosen freeholders of any county may appoint a county auditor to exercise supervision over the expenditure and receipt of moneys of the county. His term of office shall be for 3 years. L.1971, c. 200, s. 1, eff. July 1, 1971.

40A:9-3. Discrimination by reason of age; exceptions The board of chosen freeholders of any county, or the governing body of any municipality shall not make any rules or regulations designed to bar any person from holding a county or municipal position or employment or applying t…

40A:9-30 Purchasing agent; term, duties. 40A:9-30. The board of chosen freeholders of any county may appoint a purchasing agent for a term of three years and authorize him to establish classifications and standards for the purchase of supplies and materials for the use of all cou…

40A:9-30.1. Definitions As used in this act: a. "Director" means the Director of the Division of Local Government Services; b. "Purchasing agent" or "director of purchasing" means the county official charged with the duty and responsibility of purchasing materials and services on…

40A:9-30.2. Certified county purchasing official; application for certification Commencing on the effective date of this act, the director shall accept applications for certification as "certified county purchasing official." An applicant shall present to the director a verified …

40A:9-30.3. Certificate; issuance; fee Upon finding by the director that the applicant has met the qualifications as set forth in section 2 of this act, a certificate shall be issued to the applicant, upon the payment of a fee of $25.00 to the order of the State Treasurer. L.1981…

40A:9-30.4. Revocation or suspension of certificate; request for review by board of chosen freeholders or executive Any certified county purchasing official certificate may be revoked or suspended by the director for dishonest practices, or willful or intentional failure, neglect…