Below are the guidelines that can be used for submitting a complaint to the Local Finance
Board. Please keep in mind that this outline simplifies what is set forth in
the statute and the regulations.
For a complete
understanding of the law and the process for filing a complaint, please refer to
the N.J.S.A. 40A:9-22.5 and N.J.A.C. 5:35-1.1 et seq. A link to
the Local Government Ethics Law is provided below:
If after reviewing the
statute and regulations, you feel there has been a violation of the Local
Government Ethics Law and you wish to submit a complaint, please send it to the
attention of Thomas H. Neff, Chair, Local Finance Board, P.O. Box 803, Trenton,
NJ 08625-0803.
GUIDELINES FOR FILING A COMPLAINT
TO THE LOCAL GOVERNMENT ETHICS LAW
N.J.S.A. 40A:9-22.1 et seq.
Pursuant to N.J.S.A. 40A:9-22.1 et. seq., the Local Finance
Board (Board) within the Division of Local Government Services, has the power
to initiate, receive, hear and review complaints, hold hearings and enforce the
provisions of the act and impose penalties with regard to possible violations
of the Local Government Ethics Law.
Specifically, N.J.S.A. 40A:9-22.5 sets forth the code of
ethics for local government officers or employees who fall under the
jurisdiction of the Board. If the
actions of a local government officer or employee have violated any of the
provisions of the ethical standards contained in N.J.S.A. 40A:9-22.5, a
complaint may be filed against that individual and submitted in accordance with
the process set forth in N.J.A.C. 5:35-1.1(a) and (b) and outlined
below.
Every complaint alleging that a
local government officer or employee, who is not regulated by a county or
municipal code of ethics, shall be in writing and signed by the complainant and
shall include the following:
·
Identify each section of the Local Government
Ethics Law alleged to be violated as set forth in N.J.S.A. 40A:9-22.5;
·
State the name(s) and title(s) of each party
involved in the action and against whom the complaint is filed;
·
Set forth in detail the pertinent facts
surrounding each alleged violative action;
·
Indicate whether the complaint concerns the
complainant in any way and what, if any, relationship the complainant has to
the subject of the complaint; and
·
Indicate any other action previously taken in an
attempt to resolve the issue and indicate whether the issue is the subject of
pending litigation elsewhere.
Provide, if
available, all supporting information for each alleged violative action.
If a
complaint is submitted anonymously, the Board may review the complaint and
authorize an investigation but the complainant will not be notified of the
outcome of the investigation.
Note that the
Board shall not process a complaint on a matter which is pending in a court of
law or administrative agency of the State.
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