Dear Mayor:
It has come to our attention that there is some confusion
as to which individuals are considered to be "local
officials" under the Local Government Ethics Law and
thus required to file a financial disclosure statement with
the Local Finance Board of the Department of Community Affairs.
The answer is not crystal clear, but the statutes and a
1991 Attorney General's Opinion on the subject give some
guidelines.
Clearly local
elected officials, like mayors and members of the governing
body, are required to file. Similarly, members of bodies
that can pass ordinances, like local Boards of Health,
or can make planning and zoning decisions, like Planning
Boards or Boards of Adjustment, must do so. Members of
local authorities that are within the scope of the Local
Authorities Fiscal Control Law must also file these disclosure
forms.
The least clear
category of "local government officer" for these
purposes is "managerial executive(s) or confidential
employees". Generally, these individuals make policy
decisions and are on the "management side" in
collective bargaining. The Attorney General declines to
give a comprehensive list of such positions, but does
say that the following individuals clearly must file financial
disclosure forms: municipal attorneys, planning board
attorneys, attorneys for zoning boards of adjustment,
county prosecutors, sheriffs, and members of the boards
of trustees of a municipal library or county regional
library or county college. Beyond these guidelines, the
determination is made on a case by case basis.
If you still
have questions as to whether a given individual must file
the disclosure form, we suggest that you consult with
your municipal attorney on the subject. If you have any
questions or concerns about this communication, please
contact Deborah Kole, Staff Attorney, at the League, ex.
37, or at dkole@njslom.com
