A5068

An Act concerning annual ethics training for local government officials and supplementing P.L.1991, c.29 (C.40A:9-22.1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Each local government officer serving in the State shall complete an annual training program regarding 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. A newly elected or appointed local government officer shall complete the training program required pursuant to this section during the first six months of the officer's first term, or if first elected or appointed prior to the promulgation of rules and regulations pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), within six months following the promulgation of those rules and regulations. Once a local government officer completes the initial training program required by this section, that officer shall repeat the training by December 1 of each subsequent year.

b. The Division of Local Government Services in the Department of Community Affairs shall develop a standard training program required pursuant to subsection a. of this section, and a local government agency may develop required supplemental training pertaining to any additional requirements of an applicable municipal or county code of ethics. In developing the standard training program, the division shall examine similar programs developed by the various public, non-profit, and private sector entities currently at the forefront of government ethics issues and training across the country, and shall survey the available training resources and methods. The standard training program shall not be limited to live training venues, but may instead be delivered through online or video technology when practicable. The standard and supplemental training may be provided by employees of the division or local government agency or by any person, agency, organization or entity contracted by the division or local government agency for that purpose, and shall be offered on a yearly or more frequent basis at locations easily accessible to those receiving the training. The training program may include a requirement that local government officers attend updated sessions when there is a significant change to the ethics laws or regulations.

c. Upon completion of the training required pursuant to this section, each local government officer shall 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 local government officer shall file the statement with the municipal attorney or county counsel, as applicable.

d. The municipal attorney or county counsel, as applicable, shall maintain a file of each local government officer’s signed statement, required pursuant to subsection c. of this section, for up to two years subsequent to the expiration of the local government officer’s status of office. In the event that the local government officer is subsequently elected or appointed to any other local governing body or local government agency, the municipal attorney or county counsel shall maintain a file of the local government officer’s signed statement for up to two years subsequent to the expiration of the officer’s status of office.

2. Within 120 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt and promulgate rules and regulations necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill). The rules and regulations shall implement, in an escalating schedule from $1,000 to $5,000, personal fines that shall not be paid or reimbursed by the governing body or local government agency, for the failure of a local government officer to complete the required training within the specified time frame. Fines imposed pursuant to this section shall be collected in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

3. This act shall take effect immediately, except that section 1 shall remain inoperable until the promulgation of rules and regulations pursuant to section 2.

STATEMENT

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.