Bill > A1205

Introduced Session

This bill supplements the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.), to require all local government officers to complete training concerning the requirements of that law and any applicable municipal or county code of ethics adopted pursuant thereto. Section 3 of the law (C.40A:9-22.3) currently defines a "local government officer" as: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 does not mean any employee of a school district or member of a school board. Standard training is to be developed by the Division of Local Government Services in the Department of Community Affairs, and a local government agency is permitted to develop required supplemental training pertaining to any additional requirements of an applicable municipal or county code of ethics. Training is to be administered on an annual or more frequent basis by employees of that division or local government agency or by an individual, agency, organization or entity contracted by the division or local government agency to do so. In developing the training, the bill requires the division to examine similar programs in this and other states and to survey the available training resources and methods. Under the bill, upon completion of the training, each local government officer is required to sign a statement certifying that the officer has received the training and understands the requirements of the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.), and any additional requirements of an applicable municipal or county code of ethics adopted pursuant thereto. The bill provides that the municipal attorney or county counsel, as applicable, is required to receive and maintain a file of each local government officer's signed statement for up to two years subsequent to the expiration of the officer's status of office. In the event that the officer is subsequently elected or appointed to any other local governing body or local government agency, the municipal attorney or county counsel is to maintain a file of the officer's signed statement for up to two years subsequent to the expiration of the officer's status of office. Under the bill, the Commissioner of Community Affairs is required to develop the training program's rules and regulations, which are to include an escalating fine schedule, from $1,000 to $5,000, for the failure of a local government officer to receive the training within the specified time frame.

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Carol Murphy (D)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)

Official Document