ASSEMBLY, No. 2602

 

STATE OF NEW JERSEY

 

INTRODUCED DECEMBER 16, 1996

 

 

By Assemblymen GARRETT and GREGG

 

 

An Act concerning local government ethics and amending P.L.1991, c.29.

 

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

 

    1. Section 6 of P.L.1991, c.29 (C.40A:9-22.6) is amended to read as follows:

    6. a. Local government officers shall annually file a financial disclosure statement, except that a governing body of a county or municipality, or an independent local authority may, by annual ordinance or resolution, as appropriate, exempt its local government officers from the requirement that financial disclosure statements must be filed. All financial disclosure statements filed pursuant to this act shall include the following information which shall specify, where applicable, the name and address of each source and the local government officer's job title:

    (1) Each source of income, earned or unearned, exceeding $2,000 received by the local government officer or a member of his immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security is the source of income, the security need not be reported unless the local government officer or member of his immediate family has an interest in the business organization;

    (2) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the local government officer or a member of his immediate family during the preceding calendar year;

    (3) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $400 from any single source, excluding relatives, received by the local government officer or a member of his immediate family during the preceding calendar year;

    (4) The name and address of all business organizations in which the local government officer or a member of his immediate family had an interest during the preceding calendar year; and

    (5) The address and brief description of all real property in the State in which the local government officer or a member of his immediate family held an interest during the preceding calendar year.     b. The Local Finance Board shall prescribe a financial disclosure statement form for filing purposes. For counties and municipalities which have not established ethics boards, the board shall transmit sufficient copies of the forms to the municipal clerk in each municipality and the county clerk in each county for filing in accordance with this act. The municipal clerk shall make the forms available to the local government officers serving the municipality. The county clerk shall make the forms available to the local government officers serving the county.

    For counties and municipalities which have established ethics boards, the Local Finance Board shall transmit sufficient copies of the forms to the ethics boards for filing in accordance with this act. The ethics boards shall make the forms available to the local government officers within their jurisdiction.

    For local government officers serving the municipality, the original statement shall be filed with the municipal clerk in the municipality in which the local government officer serves. For local government officers serving the county, the original statement shall be filed with the county clerk in the county in which the local government officer serves. A copy of the statement shall be filed with the board. In counties or municipalities which have established ethics boards a copy of the statement shall also be filed with the ethics board having jurisdiction over the local government officer. Local government officers shall file the initial financial disclosure statement within 90 days following the effective date of this act. Thereafter, statements shall be filed on or before April 30th each year.

    c. All financial disclosure statements filed shall be public records. (cf: P.L.1991, c.29, s.6)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill makes permissive the current requirement of the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.) that all local government officers must file an annual financial disclosure statement by providing that the governing body of a county or municipality, or an independent local authority, may, by ordinance, annually exempt its local government officers from the annual filing of the financial disclosure statement.

    Many counties and municipalities have, since the enactment of the "Local Government Ethics Law," experienced difficulty in finding local residents willing to serve in capacities where the filing of an annual financial disclosure statement is required. This bill is intended to ameliorate the concerns of these local residents and encourage their participation in and service to their places of residence.

 

 

                             

Makes permissive requirement of annual filing of financial disclosure statement by local government officers.