TOWNSHIP OF MEDFORD

 

ORDINANCE 2005-16

 

AN ORDINANCE TO AMEND CHAPTER 5-43, ET SEQ.,

GOVERNING ETHICS OF THE TOWNSHIP

LAW OFFICE
Parker McCay P.A.
 
OF MEDFORD TO ADDRESS LIMITATIONS

ON POLITICAL CONTRIBUTIONS

BY MUNICIPAL VENDORS; ESTABLISHING A

PROCEDURE FOR THE AWARD OF PROFESSIONAL

SERVICE CONTRACTS; ADOPTING AN ANTI-NEPOTISM POLICY;

 ADOPTING A BAN ONTHE HOLDING OF DUAL OFFICES; AND

ADOPTING A POLICY PROHIBITING PRIVATE USE OF

TOWNSHIP PROPERTY, EQUIPMENT AND PERSONNEL

 

WHEREAS, in 1991, the Township of Medford enacted a Code of Ethics, at Chapter 5-43, et seq., to regulate the conduct and affairs of public employees and officials in a fashion which would respect the integrity of the offices held, and allow the public to have confidence in the honor and integrity of the individuals holding said offices and positions; and

 

WHEREAS, the Township Council further amended the Code of Ethics in 1999 to add provisions prohibiting political fundraising on public property; and

 

WHEREAS, the Township Council further amended the Code of Ethics in 2000 to special provisions with regard to the open space and farmland preservation programs; and

 

WHEREAS, additional issues have been discussed and raised by the Township Council which invite new considerations which need to be addressed to continue to ensure that Medford Township’s elected and appointed officials maintain the highest ethical standards in the conduct of public business on behalf of the residents and taxpayers of the Township of Medford; and

 

WHEREAS, specifically, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., authorizes the award of certain Contracts without competitive bidding, and the New Jersey Legislature has recently enacted provisions at N.J.S.A. 19:44A-20.5, effective January 1, 2006, which prohibit award of professional contracts to those contributing $300.00 or more to a political campaign of a public body without a fair and open process for the award of such contracts; and

 

WHEREAS, the Township Council, consistent with its past comprehensive ethics legislation, wishes to promptly enact an Ordinance consistent with this new legislation; and

 

WHEREAS, the Township Council of the Township of Medford is intent upon making every effort to ensure that the public has confidence in the honor and integrity of the individuals holding public office and positions, and that elected and appointed officials maintain the highest ethical standards in the conduct of public business on behalf of the residents and taxpayers of the Township of Medford; and

 

WHEREAS, the Township Council desires to supplement and reinforce its anti-nepotism policy to prohibit the hiring of employees related to elected officials; and

 

WHEREAS, the Township Council desires to adopt provisions prohibiting dual office holding; and

 

WHEREAS, the Township Council already has provisions regarding the use of government property and desires to supplement and reinforce same.

 

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Township Council of the Township of Medford, County of Burlington and State of New Jersey that the Township’s Code of Ethics, at Chapter 5-43, et seq., be and the same is hereby amended to add the following additional standards and criteria:

 

ARTICLE I.  Chapter 5-43, et seq., of the Township Code of the Township of Medford is hereby amended as follows:

 

§ 5-48.  AWARD OF PUBLIC PROFESSIONAL SERVICES CONTRACTS. 

 

It is the purpose of this Section that, notwithstanding that Professional Services Contracts are exempt from the competitive bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the Township Council deems it appropriate, in order to avoid any perception that Professional Services Contracts are awarded in consideration for, e.g., political contributions or other considerations, that it make clear that said Contracts, consistent with the provisions of recently enacted New Jersey Legislation, shall henceforth be awarded through a competitive, quality and experience-based, fair and open process. 

 

§ 5-49.  PROCESS FOR AWARD OF PROFESSIONAL SERVICES                                         CONTRACTS. 

 

No Professional Services Contracts, as that term is used in the Local Public Contracts Law, shall be awarded after the date of the adoption of this Ordinance, unless the following competitive, quality-based, fair and open process is followed:

 

A.                          Professional Services shall be awarded by virtue of a combined publicly advertised Request for Qualifications (“RFQ”) and Request for Proposals (“RFP”) which will be issued as one document for those appointments which are made on an annual basis, such as, but not limited to, the positions of:  Township Attorney, Township Engineer, Planning Board Attorney, Planning Board Engineer, Zoning Board Attorney, Zoning Board Engineer, Township Auditor and such similar statutory and/or ordinance public positions.

 

B.                           For said positions, no Contract shall be awarded, unless and until the positions are:

 

1.                  advertised in the official newspaper in sufficient time to give notice in advance of the solicitation for the Contracts;

 

2.                  awarded under a process that provides for public solicitation of proposals and qualifications;

 

3.                  awarded and disclosed under criteria established in writing by the Township of Medford prior to the solicitation of proposals or qualifications; and

 

4.                  publicly announced when awarded; and as to those RFQ’s and RFP’s which do not receive response, the Municipal Clerk shall retain a copy of same on file for a period of not less than sixty (60) days.

 

C.                          For Contracts which arise on an occasional basis, such as appraisals needed for the acquisition of farmland and/or open space, as well as title searches, surveying, and similar work associated with same; and similar projects of this type, Professional Services shall be awarded only after receipt of publicly advertised RFQ’s, after which a limited number of the best qualified vendors would be identified, and proposals would then be solicited therefrom.

 

D.                          A REVIEW OF RFP’S/RFQ’S BY REVIEW COMMITTEES.  A Review Committee shall be established consisting of two (2) Members of Council to prepare, process and evaluate any RFQ and/or RFP issued pursuant to the Professional Services Contracting procedures set forth above.  Said Committee shall evaluate the respective Qualifications and/or Proposals, taking into consideration the designated qualifications and/or performance criteria, experience, quoted fee and other relevant factors in making a recommendation of award to Township Council; and the Review Committee may, in its sole discretion, conduct negotiations with qualified vendors after receipt of proposals, in order to achieve the best possible contract terms and conditions for the Township and its taxpayers.

 

E.                           Emergency Exceptions.  Notwithstanding the foregoing, the Township Council recognizes that the New Jersey Legislature has provided for the occurrence of certain emergencies, and further recognizes that, therefore, the procedure outlined above, might not be capable of being achieved in the event of an emergency or similar time constraints.  Thus, should such a situation arise, and time does not permit resort to this procedure, and the immediate performance of services is necessary, then an award for same may be made in accordance with the provisions of the Local Public Contracts Law relating to emergency contracts, and such rules and regulations as made be promulgated, from time to time, by the Township Council with regard to same.  No such emergency contracts, however, may be awarded without submission to the Township Clerk of a certification establishing the basis for the deviation from the procedures outlined herein. 

 

§ 5-50.  ANTI-NEPOTISM POLICY. 

 

A.                           Elected Officials, Department Heads, and Managerial Executives.  Any person who is a relative of an Elected Official, Department Head or Managerial Executive shall not be appointed, hired, employed or permitted to work for the municipality.

 

B.                           Existing Employees.  If any existing employee of the Township becomes subject to this policy as a result of the election of a relative, or because of changes in marital, domestic partner/cohabitant or relationship status, one of the related persons must resign their position within ninety (90) days.  During the 90-day period, non-related supervisory person(s) shall be assigned to supervise the related employee.

 

It shall be the affirmative duty of a related Elected Official, Department Head, Managerial Executive, or Employee to immediately disclose any circumstances which may constitute a violation of this policy.  Failure to do so will result in appropriate disciplinary and/or legal action.

 

C.                           Definitions.  “Relative” shall be defined as a parent, spouse, child,

sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first or second cousin, in-law or step-relative. 

 

            § 5-51.  DUAL OFFICE HOLDING BAN.   Members of the governing body of the Township of Medford shall not hold elective office at any other level of County, State or Federal government; provided however: 

 

A.        A successful candidate for Freeholder, or appointed Freeholder, who was duly elected or appointed Township official prior to taking the Freeholder office shall vacate the municipal office on or before the expiration of the term of that office; and

 

B.         A successful candidate for the New Jersey Legislature, or appointed member of the New Jersey Legislature, who was duly elected to Township office prior to being elected or appointed to the Legislature shall vacate the Township office on or before the expiration of the term of that office.  

 

            § 5-52.  PRIVATE/PERSONAL USE OF GOVERNMENT PROPERTY OR                              PERSONNEL. 

 

            No Elected Official, Department Head or Employee of the Township shall use or permit the use of any Township property, equipment or personnel for the private use of any person or entity, unless:

 

                        A.        The use is specifically authorized by New Jersey State Law or existing                           Township Policy and Procedure; and

 

                        B.         The use is available to the general public; and then, only to the extent                             and upon the terms that such use is available to the general public.

 

            ARTICLE II.  REPEALER, SEVERABILITY AND EFFECTIVE DATE.

 

A.     Repealer.  Any and all Ordinances inconsistent with the terms of this Ordinance are hereby repealed to the extent of any such inconsistencies.

B.     Severability.  In the event that any clause, section, paragraph or sentence of this Ordinance is deemed to be invalid or unenforceable for any reason, then the Township Council hereby declares its intent that the balance of the Ordinance not affected by said invalidity shall remain in full force and effect to the extent that it allows the Township to meet the goals of the Ordinance.

C.     Effective Date.  This Ordinance shall take effect upon proper passage in accordance with the law.