reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-7.3 - Unpaid leaves of absence for union officers, representatives of certain public employees.

40A:9-7.3 Unpaid leaves of absence for union officers, representatives of certain public employees.
2. Any employee, except a policeman or firefighter, elected or appointed as an officer or representative of a local, county or State labor organization which represents, or is affiliated with a local, county or State labor organization which represents, public employees may be granted, by a county, municipality or agency thereof, an unpaid leave of absence.
A county, municipality or agency thereof may grant a paid leave of absence to any such employee, (1) provided the employer is reimbursed in advance for compensation and benefit costs including retirement system contributions and health benefit premiums or periodic charges paid during the period of absence, or (2) in accordance with the terms of a collective bargaining agreement.
The maximum period for such paid and unpaid leaves shall be a subject of negotiation between the employer and union.
L.2005,c.368,s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-8 - Salaries; power of Civil Service Commission

40A:9-8. Salaries; power of Civil Service Commission
Any county or municipality operating under the provisions of subtitle 3 of Title 11 (Civil Service) of the Revised Statutes may request the Civil Service Commission to recommend standards of salaries to be paid to persons filling offices and positions in the classified service, and the county, by resolution, or the municipality, by ordinance, as the case may be, may adopt such recommendations.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-9 - Appointments; permanent and temporary

40A:9-9. Appointments; permanent and temporary
In addition to the officers and employees whose appointment is specifically provided for by law, the board of chosen freeholders of the county or the governing body of the municipality, as the case may be, may appoint or provide for the appointment of such other officers, agents and employees as may be required for the execution of the powers conferred upon said board or governing body or any board or officer of the county or municipality.
Whenever any officer or employee is temporarily absent, disabled or disqualified, the board of chosen freeholders of the county or the governing body of the municipality may designate some person to act in place of any such officer or employee during his temporary absence, disability or disqualification.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-9.1 - Oath of office administered.

40A:9-9.1 Oath of office administered.
1. a. Notwithstanding the provisions of R.S.41:2-1, concerning persons authorized to administer oaths and affirmations, the chairperson of an authority, board or commission of a municipality may administer an oath of office to any person appointed to that authority, board or commission.
b. In addition to the oath of office required by R.S.41:1-3, and in addition to any other oath that may be specially prescribed, every new appointee to an authority, board or commission shall be sworn in by the chairperson of their respective authority, board or commission, or by another person authorized by law to administer oaths.
L.2009, c.141, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-9.2 - Directory of local authorities, boards, commissions.

40A:9-9.2 Directory of local authorities, boards, commissions.
2. a. (1) The clerk of the municipality, or other official designated by the governing body, shall compile and maintain, on an ongoing basis, a directory of local authorities, boards and commissions.
(2) The directory shall include at least the following information for every authority, board and commission:
(a) the name of the authority, board, or commission;
(b) the number of members or positions;
(c) a list of currently appointed members, along with their terms of office;
(d) vacancies;
(e) general frequency of meetings; and
(f) the appointing authority and the enabling statute, ordinance, or resolution, if any.
b. (1) Any person interested in service on a municipal authority, board or commission shall file a one-page form with the clerk of the municipality expressing interest in public service.
(2) The form shall be in substantially the following form however, a municipality may require the submission of additional information:
Citizen Leadership Form
I, , hereby apply to perform public service on the following municipal authorities, boards or commissions:
a)
b)
c)
1. Name:
2. Address of Residence:
3. Phone Number:
4. E-mail Address:
5. Education, prior volunteer or work related experience, or other civic involvement which could be of use to authorities, boards or commissions:
(3) Address, phone number and email address shall be deemed confidential for the purposes of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.).
L.2009, c.141, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-10 - Compensation; exceptions

40A:9-10. Compensation; exceptions
Except as otherwise provided by law, the board of chosen freeholders of the county or the governing body of the municipality shall fix the amount of salary, wages or other compensation to be paid to county and municipal officers and employees unless they are to serve without compensation.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-10.1 - Contracts for lesser salaries, wages or compensation

40A:9-10.1. Contracts for lesser salaries, wages or compensation
The board of chosen freeholders of any county or the governing body of any municipality may enter into a contract with any officer or employee of the county or municipality, as the case may be, to perform the duties of his office, position or employment at a lesser salary, wage or compensation than otherwise fixed and when the contract shall be entered into, it shall control the amount of such salary.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-10.3 - Use of accumulated vacation leave by political subdivision, noncivil service.

40A:9-10.3 Use of accumulated vacation leave by political subdivision, noncivil service.
45. Notwithstanding any law or any rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality of a subdivision, that has not adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, who does not take vacation leave that accrues on or after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or on or after the date on which the person becomes an officer or employee, in a given year because of business demands shall be granted that accrued leave only during the next succeeding year.
However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.
A person who (1) is an officer or employee on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or (2) becomes an officer or employee after that effective date, and has previously accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave.
As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager.
L.2007, c.92, s.45.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-10.4 - Cap on compensation for unused sick leave not covered by Title 11A.

40A:9-10.4 Cap on compensation for unused sick leave not covered by Title 11A.
2. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000. Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. This provision shall apply only to officers and employees who commence service with the political subdivision of the State, or the agency, authority or instrumentality thereof, on or after the effective date of P.L.2010, c.3. This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.
L.2010, c.3, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-10.5 - Use of accrued vacation leave by employee not covered under Title 11A.

40A:9-10.5 Use of accrued vacation leave by employee not covered under Title 11A.
4. Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the next succeeding year. However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining. This provision shall apply only to officers and employees who commence service with the political subdivision of the State, or the agency, authority or instrumentality thereof, on or after the effective date of P.L.2010, c.3. This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.
L.2010, c.3, s.4.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-10.6 - Leave of absence for employee of political subdivision for purpose of donating organ, bone marrow.

40A:9-10.6 Leave of absence for employee of political subdivision for purpose of donating organ, bone marrow.
3. An employee holding any office, position, or employment in a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall be granted a leave of absence with pay and without loss of rights, privileges or benefits, for the purpose of donating one or more of their human organs, or a part thereof, or bone marrow to another human for human organ transplantation. The paid leave shall be up to 30 days for the donation of an organ or a part of an organ and up to five days for the donation of bone marrow, and shall be in addition to any other type of leave to which an employee may be entitled.
L.2019, c.444, s.3.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-11 - Vacancy due to change to nonresident status or upon resignation; filling; municipal offices open to nonresidents

40A:9-11. Vacancy due to change to nonresident status or upon resignation; filling; municipal offices open to nonresidents
Whenever a county or municipal officer, who is required to be a resident shall cease to be a bona fide resident of the county or municipality, as the case may be, or whenever the resignation of any such officer shall have been accepted by the proper authority, his office shall immediately be deemed to be vacant. The county or municipality, by the proper authority, shall thereupon proceed to fill the vacancy in the manner prescribed by law.
A nonresident of any municipality may hold office as counsel, attorney, engineer, health officer, auditor or comptroller of such municipality and no such office shall be deemed vacated by a change of residence of any such person.
L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1975, c. 213, s. 7, eff. Sept. 29, 1975; L.1979, c. 83, s. 15, eff. April 26, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-12 - Vacancy from any cause other than expiration of term or filing of petition for recall

40A:9-12. Vacancy from any cause other than expiration of term or filing of petition for recall
In any county or municipality, whenever a vacancy in office occurs from any cause other than expiration of the term of office or the filing of petition for recall, such vacancy shall be filled in the manner prescribed by law.
L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1979, c. 83, s. 16, eff. April 26, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-12.1 - Vacancy deemed on resignation, incapacity, death, residence, absence, or removal; filling unexpired term.

40A:9-12.1 Vacancy deemed on resignation, incapacity, death, residence, absence, or removal; filling unexpired term.
1. The office of any person appointed to a specified term, with or without compensation, by the governing body or chief executive of any local unit, including persons appointed to any board, committee, commission, authority or other agency of one or more local units, shall be deemed vacant:
a. Upon its being so declared by judicial determination;
b. Upon the filing by such officer of his written resignation;
c. Upon the refusal of a person designated for appointment to such office to qualify or serve;
d. Upon the determination of the appointing authority that such officer shall have become physically or mentally incapable of serving;
e. Upon the death of such officer;
f. Upon the determination of the appointing authority that, in violation of a lawful residency requirement, such officer no longer resides within the corporate limits of the local unit or other designated territorial area;
g. In the case of a member of a board, committee, commission, authority or other agency, whenever the member, without being excused by a majority of the authorized members of such body, fails to attend and participate at meetings of such body for a period of 8 consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that such body shall notify the appointing authority in writing of such determination; provided, further, that such board, committee, commission, authority or other agency may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness; provided, however, that nothing in this subsection shall preclude a municipal appointing authority from adopting by ordinance a policy establishing a lower absentee threshold, provided that the ordinance shall not permit the removal of the member if the member has been absent for less than six consecutive weeks, or three consecutive meetings, whichever shall be of longer duration, without being excused, within the term of office for the position held by the individual;
h. Upon the removal of such officer for cause in accordance with law, or for any other reason prescribed by law.
Whenever any of the above shall occur the appointing authority shall forthwith fill the office for the unexpired term in the manner prescribed by law; provided, however, that in the case of a person failing to qualify or refusing to serve pursuant to subsection c., such office shall not be deemed vacant, if the incumbent officeholder is authorized by law to continue in such office until a successor is appointed and qualifies therefor.
L.1979, c.302, s.1; amended 2009, c.141, s.3.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-17 - Deductions for payment to credit unions, or to insurance companies or banks, savings banks or savings and loan associations for individual retirement annuity or account

40A:9-17. Deductions for payment to credit unions, or to insurance companies or banks, savings banks or savings and loan associations for individual retirement annuity or account
Whenever any person holding public office, position or employment, whose compensation is paid by any county or municipality or by any board, body, agency or commission thereof, or any board of education, shall indicate in writing to the proper disbursing officer his desire to have any deductions made from his compensation for payment: a. to a credit union, organized under the laws of this State or of the United States, the membership of which is limited to public employees, or b. to an insurance company authorized to do business in this State for the purchase of an individual retirement annuity written on a group or individual basis, as defined by section 408(b) of the Federal Internal Revenue Code of 1954 as amended (26 U.S.C. s. 408(b)), or c. to any State or federally chartered bank, savings bank, or savings and loan association selected by the employer for deposit into an individual retirement account, as defined by section 408(a) of the Federal Internal Revenue Code of 1954 as amended (26 U.S.C. s. 408(a)), such deductions shall be made by the proper disbursing officer, when directed so to do by resolution of the governing body of any county or municipality or by resolution of the board, body, agency or commission or board of education of which he is the disbursing officer, and shall be transmitted to the treasurer of the credit union, insurance company or the bank, savings bank, or savings and loan association. Any such written authorization may be withdrawn upon filing notice of such withdrawal with the proper disbursing officer.
L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1983, c. 445, s. 1, eff. Jan. 9, 1984.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-17.1 - Individual retirement accounts; establishment for employees and their spouses

40A:9-17.1. Individual retirement accounts; establishment for employees and their spouses
Any county or municipal government or any board, body, agency or commission thereof may establish individual retirement accounts, as defined by section 408(a) of the Federal Internal Revenue Code of 1954 as amended (26 U.S.C. s. 408(a)), for any employee and for the spouse of the employee.
L.1983, c. 445, s. 4, eff. Jan. 9, 1984.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-17.2 - Transmittal, crediting of funds to purchase annuity for employees.

40A:9-17.2 Transmittal, crediting of funds to purchase annuity for employees.
5. Amounts payable by a unit of local government which has entered into an agreement with any of its employees under which the employee agrees to take a reduction in salary in return for the public entity's agreement to use a corresponding amount to purchase for the employee an annuity meeting the requirements of section 403(b) of the federal Internal Revenue Code for a pay period shall be transmitted and credited not later than the fifth business day after the date on which the employee is paid for that pay period.
L.1999,c.247,s.5.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-18 - Awards program; appropriations

40A:9-18. Awards program; appropriations
The board of chosen freeholders of any county or the governing body of any municipality may, by resolution, establish an awards program or programs for county or municipal officers and employees, as the case may be, designed to promote efficiency and economy in governmental functions of the county or municipality and to reward individual officers and employees for heroism, efficiency, meritorious suggestions, professional accomplishments, performance of duty and for service. The board or governing body shall by such resolution provide for the administration of its awards program or programs by an officer or officers named therein and may provide for such advisory committee or committees to assist in the formulation and administration of such programs as they shall determine.
Awards, within available appropriations therefor, may be in the form of cash, medals, certificates, insignia, or other appropriate devices or tokens of appreciation as shall be provided for under an established awards program.
The board of chosen freeholders or governing body may appropriate funds necessary to carry out any program or programs established hereunder.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-19 - Section 40:11-17 of the Revised Statutes saved from repeal

40A:9-19. Section 40:11-17 of the Revised Statutes saved from repeal
Section 40:11-17 of the Revised Statutes is saved from repeal. [This section of the Revised Statutes saved from repeal by this section provides that the promulgation of the Federal census for the year 1930, or the passage of an act for the reclassification of counties, shall not affect the counties or municipalities as to the salaries of their officers or employees but such salaries shall continue at the same rate as on April 27, 1931, except the salaries of county clerks, registers of deeds and mortgages, sheriffs, and surrogates. The section further provided that the promulgation of said census shall not operate to fill any additional offices or employments, or grant any pensions or increase any pension payments.]
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-20 - Chapter 181 of the laws of 1940 saved from repeal

40A:9-20. Chapter 181 of the laws of 1940 saved from repeal
Chapter 181 of the laws of 1940 (C. 40:11-17.1) is saved from repeal. [The act saved from repeal by this section provides that the promulgation of the Federal census for the year 1940, or the passage of an act for the reclassification of counties, shall not affect the counties or municipalities as to the salaries of their officers or employees but such salaries shall continue at the same rate as on July 8, 1940, except the salaries of county clerks, registers of deeds and mortgages, sheriffs, and surrogates. The act further provided that the promulgation of said census shall not operate to fill any additional offices or employments, or grant any pensions or increase any pension payments.]
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22 - Statutes repealed

40A:9-22. Statutes repealed
The following sections, acts and parts of acts, together with all amendments and supplements thereto, are hereby repealed.
Revised Statutes Sections
40:11-1 amended 1953, c. 37
40:11-2 amended 1953, c. 37
40:11-4 amended 1938, c. 336; 1951, c. 62
40:11-5 to 40:11-8 both inclusive
40:11-14
40:21-3
40:21-5
40:21-13
40:21-15
40:46-13
40:46-14 amended 1949, c. 62; 1970, c. 240
40:46-15
40:46-30
Pamphlet Laws
Laws of 1960, c. 180 (C. 40:11-15.1, C. 40:11-16.1)
Schedule of Amendments of Laws of 1960, c. 180
Sections 1 and 2 amended by P.L.1964, c. 259; 1967, c. 204
Laws of 1962, c. 173 (C. 40:11-1.1 to C. 40:11-1.4 both inclusive)
Laws of 1964, c. 259 (C. 40:11-16.2, C. 40:11-16.3)
Laws of 1966, c. 310 (C. 40:11-26)
Laws of 1967, c. 204, s. 3 (C. 40:11-16.1a.)
Laws of 1968, c. 91 (C. 40:11-27, C. 40:11-28)
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.2 - Findings, declarations

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 representatives;
c. Whenever the public perceives a conflict between the private interests and the public duties of a government officer or employee, that confidence is imperiled;
d. Governments have the duty both to provide their citizens with standards by which they may determine whether public duties are being faithfully performed, and to apprise their officers and employees of the behavior which is expected of them while conducting their public duties; and
e. It is the purpose of this act to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for local government officers and employees shall be clear, consistent, uniform in their application, and enforceable on a Statewide basis, and to provide local officers or employees with advice and information concerning possible conflicts of interest which might arise in the conduct of their public duties.
L.1991,c.29,s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.3 - Definitions.

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, trust, sole proprietorship, union or other legal entity;
c. "Governing body" means, in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality, and, in the case of a county, the board of chosen freeholders, or, in the case of a county having adopted the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), as defined in the form of government adopted by the county under that act;
d. "Interest" means the ownership or control of more than 10% of the profits, assets or stock of a business organization but shall not include the control of assets in a nonprofit entity or labor union;
e. "Local government agency" means any agency, board, governing body, including the chief executive officer, bureau, division, office, commission or other instrumentality within a county or municipality, and any independent local authority, including any entity created by more than one county or municipality, which performs functions other than of a purely advisory nature, but shall not include a school board;
f. "Local government employee" means any person, whether compensated or not, whether part-time or full-time, employed by or serving on a local government agency who is not a local government officer, but shall not mean any employee of a school district;
g. "Local government officer" means any person whether compensated or not, whether part-time or full-time: (1) elected to any office of a local government agency; (2) serving on a local government agency which has the authority to enact ordinances, approve development applications or grant zoning variances; (3) who is a member of an independent municipal, county or regional authority; or (4) who is a managerial executive employee of a local government agency, as defined in rules and regulations adopted by the Director of the Division of Local Government Services in the Department of Community Affairs pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), but shall not mean any employee of a school district or member of a school board;
h. "Local government officer or employee" means a local government officer or a local government employee;
i. "Member of immediate family" means the spouse or dependent child of a local government officer or employee residing in the same household.
L.1991, c.29, s.3; amended 2015, c.95, s.21.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.4 - Local Finance Board to have jurisdiction

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 violations of the provisions of this act who are not otherwise regulated by a county or municipal code of ethics promulgated by a county or municipal ethics board in accordance with the provisions of this act. Local government officers or employees serving a local government agency created by more than one county or municipality and officers or employees of county colleges established pursuant to N.J.S.18A:64A-1 et seq. shall be under the jurisdiction of the board. The board in interpreting and applying the provisions of this act shall recognize that under the principles of democracy, public officers and employees cannot and should not be expected to be without any personal interest in the decisions and policies of government; that citizens who are government officers and employees have a right to private interests of a personal, financial and economic nature; and that standards of conduct shall distinguish between those conflicts of interest which are legitimate and unavoidable in a free society and those conflicts of interest which are prejudicial and material and are, therefore, corruptive of democracy and free society.
L.1991,c.29,s.4; amended 1995,c.21.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.7 - Powers of Local Finance Board

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 possible violations of this act;
b. To issue subpoenas for the production of documents and the attendance of witnesses with respect to its investigation of any complaint or to the holding of a hearing;
c. To hear and determine any appeal of a decision made by a county or municipal ethics board;
d. To forward to the county prosecutor or the Attorney General or other governmental body any information concerning violations of this act which may become the subject of criminal prosecution or which may warrant the institution of other legal proceedings by the Attorney General;
e. To render advisory opinions as to whether a given set of facts and circumstances would constitute a violation of this act;
f. To enforce the provisions of this act and to impose penalties for the violation thereof as are authorized by this act; and
g. To adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and to do other things as are necessary to implement the purposes of this act.
L.1991,c.29,s.7.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.8 - Request for advisory opinion from Local Finance Board

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 would in its opinion constitute a violation of the provisions of this act. Advisory opinions of the board shall not be made public, except when the board by the vote of two-thirds of all of its members directs that the opinion be made public. Public advisory opinions shall not disclose the name of the local government officer or employee unless the board in directing that the opinion be made public so determines.
L.1991,c.29,s.8.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.9 - Response by Local Finance Board to written complaint

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 conflict with the provisions of this act, shall acknowledge receipt of the complaint within 30 days of receipt and initiate an investigation concerning the facts and circumstances set forth in the complaint. The board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. If the board shall conclude that the complaint is outside its jurisdiction, frivolous or without factual basis, it shall reduce that conclusion to writing and shall transmit a copy thereof to the complainant and to the local government officer or employee against whom the complaint was filed. Otherwise the board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The officer or employee shall have the opportunity to present the board with any statement or information concerning the complaint which he wishes. Thereafter, if the board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the provisions of this act, the board shall conduct a hearing in the manner prescribed by section 12 of this act, concerning the possible violation and any other facts and circumstances which may have come to the attention of the board with respect to the conduct of the local government officer or employee. The board shall render a decision as to whether the conduct of the officer or employee is in conflict with the provisions of this act. This decision shall be made by no less than two-thirds of all members of the board. If the board determines that the officer or employee is in conflict with the provisions of this act, it may impose any penalties which it believes appropriate within the limitations of this act. A final decision of the board may be appealed in the same manner as any other final State agency decision.
L.1991,c.29,s.9.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.10 - Violations, penalties.

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 pursuant to P.L.1991, c.29 (C.40A:9-22.1 et seq.), shall be fined not less than $100.00 nor more than $500.00, which penalty may be collected in a summary proceeding pursuant to "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The board or a county or municipal ethics board shall report its findings to the office or agency having the power of removal or discipline of the appointed local government officer or employee and may recommend that further disciplinary action be taken.
b. An elected 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 pursuant to P.L.1991, c.29 (C.40A:9-22.1 et seq.), shall be fined not less than $100.00 nor more than $500.00, which penalty may be collected in a summary proceeding pursuant to "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. The remedies provided herein are in addition to all other criminal and civil remedies provided under the law.
L.1991,c.29,s.10; amended 1999, c.440, s.101.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.11 - Disciplinary actions against officer, employee found guilty of violation

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 of any code of ethics in effect pursuant to this act, shall be sufficient cause for his removal, suspension, demotion or other disciplinary action by the officer or agency having the power of removal or discipline. When a person who is in the career service is charged with violating the provisions of this act or any code of ethics in effect pursuant to this act, the procedure leading to removal, suspension, demotion or other disciplinary action shall be governed by any applicable procedures of Title 11A of the New Jersey Statutes and the rules promulgated pursuant thereto.
L.1991,c.29,s.11.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.12 - Conducting of hearings

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.L.1968, c.410 (C.52:14B-1 et seq.).
L.1991,c.29,s.12.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.13 - Establishment of county ethics board

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 residents of the county, at least two of whom shall be public members. The members of the ethics board shall be appointed by the governing body of the county and no more than one of whom shall be from the same municipality. The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. No more than three members of the ethics board shall be of the same political party.
b. The members of the county ethics board shall annually elect a chairman from among the membership.
c. The members shall serve for a term of five years; except that of the members initially appointed, two of the public members shall be appointed to serve for a term of five years, one member shall be appointed to serve for a term of four years, and the remaining members shall be appointed to serve for a term of three years. Each member shall serve until his successor has been appointed and qualified. Any vacancy occurring in the membership of the ethics board shall be filled in the same manner as the original appointment for the unexpired term.
d. Members of the ethics board shall serve without compensation but shall be reimbursed by the county for necessary expenses incurred in the performance of their duties under this act.
L.1991,c.29,s.13.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.14 - Provision of offices to county ethics board

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 necessary expenses incurred by the county ethics board and its members shall be paid, upon certification of the chairman, by the county treasurer within the limits of funds appropriated by the county governing body by annual or emergency appropriations for those purposes.
c. The county ethics board may appoint employees, including independent counsel, and clerical staff as are necessary to carry out the provisions of this act within the limits of funds appropriated by the county governing body for those purposes.
L.1991,c.29,s.14.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.15 - County code of ethics established

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 and employees serving a county independent authority shall be deemed to be serving the county for purposes of this act.
The county code of ethics so promulgated shall be either identical to the provisions set forth in section 5 of this act or more restrictive, but shall not be less restrictive. Within 15 days following the promulgation thereof, the county code of ethics, and a notice of the date of the public hearing to be held thereon, shall be published in at least one newspaper circulating within the county and shall be distributed to the county clerk and to the heads of the local government agencies serving the county for circulation among the local government officers and employees serving the county. The county ethics board shall hold a public hearing on the county code of ethics not less than 30 days following its promulgation at which any local government officer or employee serving the county and any other person wishing to be heard shall be permitted to testify. As a result of the hearing, the ethics board may amend or supplement the county code of ethics as it deems necessary. If the county code of ethics is not identical to the provisions set forth in section 5 of this act, the county ethics board shall thereafter submit the county code of ethics to the Local Finance Board for approval. The board shall approve or disapprove a county code of ethics within 60 days following receipt. If the board fails to act within that period, the county code of ethics shall be deemed approved. A county code of ethics requiring board approval shall take effect for all local government officers and employees serving the county 60 days after approval by the board. A county code of ethics identical to the provisions set forth in section 5 of this act shall take effect 10 days after the public hearing thereon. The county ethics board shall forward a copy of the county code of ethics to the county clerk and shall make copies of the county code of ethics available to local government officers and employees serving the county.
L.1991,c.29,s.15.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.16 - Powers of county ethics board

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 government officers or employees serving the county;
b. To issue subpoenas for the production of documents and the attendance of witnesses with respect to its investigation of any complaint or to the holding of a hearing;
c. To forward to the county prosecutor or the Attorney General or other governmental body any information concerning violations of the county code of ethics or financial disclosure requirements by local government officers or employees serving the county which may become the subject of criminal prosecution or which may warrant the institution of other legal proceedings by the Attorney General;
d. To render advisory opinions to local government officers or employees serving the county as to whether a given set of facts and circumstances would constitute a violation of any provision of the county code of ethics or financial disclosure requirements;
e. To enforce the provisions of the county code of ethics and financial disclosure requirements with regard to local government officers or employees serving the county and to impose penalties for the violation thereof as are authorized by this act; and
f. To adopt rules and regulations and to do other things as are necessary to implement the purposes of this act.
L.1991,c.29,s.16.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-22.17 - Request for advisory opinion from county ethics board

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 violation of the county code of ethics or any financial disclosure requirements. Advisory opinions of the county ethics board shall not be made public, except when the ethics board by the vote of two-thirds of all of its members directs that the opinion be made public. Public advisory opinions shall not disclose the name of the local government officer or employee unless the ethics board in directing that the opinion be made public so determines.
L.1991,c.29,s.17.