Memorandum

TO:                 Governing Body, Manager and Township                            Attorney

FROM:            Joe DiBella & Cynthia Schomaker

RE:                  ‘Code of Ethics & Conduct’ Ordinance

DATE:            September 20, 2004

In May, Councilman DiBella unveiled plans to propose a series of measures designed to address issues of ethics and conduct for Howell Township. This memorandum will further memorialize the disciplines that we are proposing constitute these reforms.  We hereby request that the governing body direct the township attorney to craft an ordinance(s) that will include the following as law:

Nepotism Ban ­ - We advocate a multi faceted strategy to address each aspect of nepotism.  A strict policy on nepotism provides for safeguards against corruption, promotes increased efficiency and provides for a more balanced workplace. For the purposes of this discipline, a, “family member,” refers to spouses, children, parents, grandparents, grandchildren, brothers, sisters, nieces, nephews, uncles, aunts, first cousins, mothers-in-law, fathers-in-law, sisters-in-law, brothers-in-law, sons-in-law, and daughters-in-law. The following are the points that should be included in the ordinance:

• Employees shall be prohibited from working in a department where an immediate family member of the individual holds a superior position in that same department.  In the event that as of the passage of the final ordinance, such a situation exists, the Manager must ensure the transfer of the employee or Department head take place within 180 days from final passage, or as soon as an appropriate lateral position becomes available in another department. In the event that due to the uniqueness of a person’s position, there is no compatible position available for a lateral transfer, the Manager shall report back to the governing body and this individual will be grandfathered,

• As of the passage of the final Ordinance, the Manager and all Department heads shall be prohibited from hiring a member of their family to any position within the township,

• Family members of any member of the governing body are prohibited from being hired by the township during the course of their term as an elected official, and for a period of 12 months after the elected official leaves office,

• Family members of any appointed township professional are prohibited from being hired by the township during the course of their time as a township professional,

• Elected officials are prohibited from being hired by the township for a period of 36 months after they leave office.  Exceptions can be granted only with a 3/4^th majority of the members of the governing body, but under no condition can an elected official be hired sooner than 24-months after they leave office,

• Party Officials are prohibited from being hired by the township for a period of 36 months after they leave office.  A Party Official is defined as the Chairperson or Vice Chairperson of a Howell Township political committee or the President and Vice President of a Howell Township political club or organization. Exceptions can be granted only with a 3/4^th majority of the members of the governing body, but under no condition can a former Party Official be elected official be hired sooner than 24-months after they leave office,

• The family members of a Party Official are prohibited from being hired by the township for a period of 12 months after they leave office.  Exceptions can be granted only with a 3/4^th majority of the members of the governing body,

• Township officials with the capacity for appointment power (i.e., Township Manager, Mayor, Council) shall be strictly and absolutely prohibited from appointing a family member or Party Official to any board, commission or agency in which that family member or Party Official is entitled to salary, medical and/o retirement benefits or other fringe benefits,

• Violations of the Nepotism Ban shall be cause for immediate dismissal of the hiring authority.

Performance Based Contracting – All professional contracts must be awarded based on the qualifications, training, experience and credentials of the firm or person applying for the position.  Price and cost effectiveness must also be prime drivers of the selection of township professionals. Accordingly, the following “Performance Based Contracting” must be in place, no later than December 31, 2004, for professional work to be awarded as soon as January 1, 2005:

• All professional contracts must be published with specific selection criteria. The selection criteria must be memorialized within the Township’s Policies & Procedures Manual, as prepared by the Manager, with the advice and consent of the Mayor and Council. Such selection criteria must include but shall not be limited to;
• (i) education and training,
• (ii) professional credentials customary for the field,
• (iii) years of experience for the person and/per firm,
• (iv) ability to handle the Township’s business in an acceptable manner based on other client commitments, including but not limited to hours of operation, etc.
• (v) maintaining the necessary levels of malpractice and general liability insurance,
• (vi) willingness to agree to provide “favored nations” pricing to Howell township,
• (vi) a resource assessment to ensure appropriate manpower exists to support the township’s business,
• Location of office(s) and
• Other criteria to be published and a part of the Policies and Procedures Manual for the position in question that are relevant to said position,

• All positions and criteria for selection must be advertised at the Howell Township Municipal Office and all other Township Building and in all official publications of the Township, at least 45 days in advance of the availability of the position. In the event such position is for a targeted project, the Manager shall determine, with the advice and consent, as to what the appropriate time shall be for notification and completion of the bidding process,

• The bidding process shall be referred to as the “Requests for Proposal” process and all bidders must adhere to the terms and conditions as prescribed in the Policies and Procedures Manual. Every RFP shall include, but not be limited to sections that address:
• Services to be requested,
• Established bidding requirements,
• Replies to set township questions,
• The bidders replies to the established criteria,
• The bidders pricing, terms and conditions,
• Items and services exempt from standard pricing ,

• All complete proposals will be made public within 24 hours of receipt and shall be available for public inspection in a manner most convenient for the public,

• The appointing authority for the position or work in question must discuss the award of such contracts or project work at a duly advertised public meeting. Final negotiations between bidders shall take place in the public portion or in executive session, depending on the nature of the matters in question. However, the governing body must discuss the merits of all bidders publicly and state their reasons for selection publicly,

•  The aforementioned requirements shall apply to professionals appointed by the governing body, any boards or commissions and Department heads with the statutory authority to award professional contracts,

• In no way shall the aforementioned be intended to interfere with state bidding laws already in place. These new terms and conditions apply to professional positions and project work that fall under the discretion of the Manager, Department heads, the governing body and all boards and commissions with the authority to award such contracts.

Campaign Management – It shall be the position of the township that elected official and those seeking office to the position shall be prohibited from the following:

• Accepting campaign contributions of any kind, including in-kind contributions, from any firm engaged in the business of residential or commercial development of any kind. This prohibition applies to any such firm, inside or outside of the State of NJ,

• Accepting gifts of any kind, regardless of their monetary value, from any person doing business with the Township or actively seeking to do business with the Township. This extends to accepting gifts from professionals or persons with applications in front of any township board or commission at anytime. A “gift” refers to items with or without monetary value, including food items, tickets to events, dinners or other activities. Such prohibition will apply an additional 12 months after an elected official leaves office. Each candidate for office and elected officials must submit a statement of compliance annually authenticating their adherence to this provision,

• Effective January 1, 2005 from spending more than $15,000 in any primary election and $20,000 in any general election for the position of Mayor or individual Council position. That is, a candidate for office may spend no more than $35,000 in cash and in kind contributions over the course of a primary and general election.  All Elect Reports must be filed with the controlling State Agency and in addition to the Township Clerk within 48 hours after their due date with the controlling State Agency,

• The campaign spending caps will be subject to review of the Mayor and Council once every 24 months, after final passage of the original Ordinance. The governing body shall have the authority to increase or decrease the cap per position based on prevailing costs of the time. Any such increase shall require a 3/4^th majority vote of the Council, after a special Public Hearing.

General Code of Conduct – The Township Manager shall have 45 days from council concurrence to construct a “Code of Conduct” for all township employees. The Code of Conduct shall describe expectations for integrity, professionalism and behaviors to be exhibited as a township employee. The Council shall have 45 days from concurrence to construct a similar Code of Conduct that shall be published and displayed in every township building. The final Codes of Conduct shall be codified and passed as Ordinances.

Additionally, all policies and procedures regarding personal reimbursements to any township employee, members of the governing body and all boards and commissions shall be examined by the Township CFO within 45 days from Council concurrence. The CFO shall report of present P&Ps’ and shall document suggested areas for improvement and efficiency.

Finally, as it relates to members of the governing body, they shall not be eligible for township provided health benefits in the event they have access to such coverage elsewhere. In the event they have access (not necessarily enrolled) to private coverage, either through themselves or a spouse, they shall be ineligible for township coverage. In the event they lose such coverage, they shall become eligible as a qualifying event to elect to be enrolled with the township, until such time as they become eligible for or can obtain coverage privately again.

We’re prepared to discuss the above items as soon as possible but no later than the next Workshop session. Thank you.