Search Rutgers Law Library N.J. Court Opinions

16 JEFF CARTER v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF LOCAL GOVERNMENT SERVICES CUSTODIAL AGENCY -- rank: 715

... Superior Court, Appellate Division, resulting from an appeal (pursuant to N.J.S.A. 40A:9-22.91) of any final [agency] decision of the Local Finance ... August 9, 2011 through August 9, 2016.' The custodian 1 N.J.S.A. 40A:9-22.9 permits final agency decisions pertaining to the New Jersey Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to -22.25, to be appealed to the Appellate ... otices for a five . . . year period alleging a violation of N.J.S.A. 40A:9-22.9 is invalid because it required research. The [c]ustodian ... from the Appellate Division for LFB decisions addressing violations of N.J.S.A. 40A:9-22.9 over a five-year period. The custodian explained that ... the Appellate Division for L[FB] decisions addressing violations of N.J.S.A. 40A:9-22.9 for a five[-]year period.' (emphasis added). Carter ...

docket:	a0483-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-10
status:	Unpublished
citation:
Document Size:	40510

17 REALTY APPRAISAL COMPANY v. CITY OF JERSEY CITY -- rank: 702

... of a government officer or employee, that confidence is imperiled[.]" N.J.S.A. 40A:9-22.2(b)-(c). Public contract bidding evokes similar concerns. Indeed ... to our analysis is the Local Government Ethics Law (LGEL), N.J.S.A. 40A:9-22.1 to -22.25. The LGEL provides, in pertinent part ... the proper discharge of his duties in the public interest[.]" N.J.S.A. 40A:9-22.5(a). The LGEL also provides that [n]o independent ... for compensation . . . any former member of that authority. (Emphasis added.) [ N.J.S.A. 40A:9-22.5(b).] By its terms, N.J.S.A. 40A:9-22.5(a) applies only to current government officers. We recognized ... the LGEL that imposes any restrictions on former employees is N.J.S.A. 40A:9-22.5(b). Id. at 218. Here, however, even if ...

docket:	a4339-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-17
status:	unpublished
citation:
Document Size:	80403

18 THE RIDGE AT BACK BROOK LLC v. THE EAST AMWELL TOWNSHIP PLANNING BOARD, -- rank: 699

... ERRED BY MISAPPLYING THE NEW JERSEY LOCAL GOVERNMENT ETHICS LAW, N.J.S.A. 40A:9-22.2, THE MUNICIPAL LAND USE LAW, N.J.S.A ... Ridge is governed by the Local Government Ethics Law (LGEL), N.J.S.A. 40A:9-22.1 to -22.25, the Municipal Land Use Law (MLUL ... adjustment.' Id. at A-3710-19 19 350; see also N.J.S.A. 40A:9-22.3(g). In adopting the LGEL, the Legislature recognized: a ... which is expected of them while conducting their public duties . . . . [ N.J.S.A. 40A:9-22.2(a) to (d).] Thus, the LGEL aims to 'make ... Rizas, 132 N.J. 509, 531 (1993)). In that regard, N.J.S.A. 40A:9-22.5(d) provides that: [n]o local government officer or ... any personal interest in the decisions and policies of government.' N.J.S.A. 40A:9-22.4; see also Grabowsky, 221 N.J. at 554 (' ...

docket:	a3710-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-20
status:	Unpublished
citation:
Document Size:	56854

19 KATHLEEN D. SHAPIRO v. MICHAEL MERTZ, et al. -- rank: 688

... appointment was a violation of the Local Government Ethics Law, N.J.S.A. 40A:9-22.5d (Ethics Law). We affirm the ruling of Judge Sweeney ... vote for her husband violated the local ethics ordinance or N.J.S.A. 40A:9-22.5. She also sought injunctive relief against any action by ... Chancery Division actions and ruled that Kathleen's vote violated N.J.S.A. 40A:9-22.5d. His decision and order: (1) invalidated Kathleen's vote ... of interest and violating the Ethics Law.     The relevant statute, N.J.S.A. 40A:9-22.5d, provides in pertinent part:     Local government officers or employees ... local government officer or employee residing in the same household." N.J.S.A. 40A:9-22.3g. Under these definitions, Kathleen clearly falls within the scope ... of a government officer or employee, that confidence is imperiled. [ N.J.S.A. 40A:9-22.2 (emphasis added).]      N.J.S.A. 40A:9- ...

docket:	A2967-03
court:	NJ Superior Court Appellate Division
decided:	2004-04-08
status:	published
citation:	368 N.J. Super. 46 845 A.2d 186
Document Size:	24016

20 PAUL J. KENNEDY v. LOCAL FINANCE BOARD -- rank: 686

... the Local Finance Board's final decision that he violated N.J.S.A. 40A:9-22.5(c), (d), (e), and (g) of the Local Government ... does not appeal the Board's finding that he violated N.J.S.A. 40A:9-22.6(a)(1) by filing incomplete financial disclosure statements and fining him $100. N.J.S.A. 40A:9- 22.10(b). Therefore, we do not address that finding. 2 ... d] . . . his official position to secure unwarranted . . . advantages for himself. . . .' N.J.S.A. 40A:9- 22.5(c); he used the non-public information about the ... mayor 'for the purpose of securing financial gain for himself,' N.J.S.A. 40A:9-22.5(g); and he 'act[ed] in his official capacity ... be expected to impair his objectivity or independence of judgment . . . .' N.J.S.A. 40A:9-22.5(d). Additionally, as a multi-office-holder, Kennedy ...

docket:	a1699-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-12
status:	published
citation:
Document Size:	40934

21 IN THE MATTER OF THE TOWNSHIP OF EAST BRUNSWICK FOR A JUDGMENT OF COMPLIANCE OF ITS THIRD ROUND HOUSING ELEMENT AND FAIR SHARE PLAN HIDDEN OAKS WOODS, LLC v. TOWNSHIP OF EAST BRUNSWICK and TOWNSHIP OF EAST BRUNSWICK PLANNING BOARD -- rank: 675

... both N.J.S.A. 40:55D-23(b) and [, N.J.S.A. 40A:9-22.5(d)]. As further proof of the Planning Board's ... 55D-23(b), and the Local Government Ethics Law (LGEL), N.J.S.A. 40A:9-22.5(d), in overemphasizing a statement made by the Planning ... matters affecting plaintiff's application is governed by the LGEL, N.J.S.A. 40A:9-22.1 to -22.25, the MLUL, and the common law ... and zoning boards of adjustment.' Id. at 350; see also N.J.S.A. 40A:9-22.3(g). In adopting the LGEL, the Legislature pronounced: a ... which is expected of them while conducting their public duties. . . . [N.J.S.A. 40A:9-22.2.] Thus, the LGEL aims to 'make ethical standards in ... quoting Wyzykowski, 132 N.J. at 531 ). In that regard, N.J.S.A. 40A:9-22.5(d) provides that: [n]o local government officer ...

docket:	a3115-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-30
status:	Unpublished
citation:
Document Size:	45268

22 CHIEF LOUIS MERCURO v. BOROUGH OF HALEDON -- rank: 654

... 40:55D-69, or the Local Government Ethics Law (LGEL), N.J.S.A. 40A:9-22.59(d). The MLUL does not apply in this case ... that statue addresses 'direct or indirect financial or personal involvement,' N.J.S.A. 40A:9-22.5(d). See Kane , supra , 214 N.J. at 219 ...

docket:	a1691-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-03
status:	unpublished
citation:
Document Size:	91530

23 MARTHA NEWMAN-STEELE v. THE MAYOR AND COUNCIL OF THE BOROUGH OF TINTON FALLS -- rank: 651

... N.J.S.A. 40:55D-1 to -163, specifically N.J.S.A. 40A:9-22.1 to -22.25. In Wyzykowski v. Rizas , the Court ... J. 258 , 268 (1958)). The Local Government Ethics Law, specifically N.J.S.A. 40A:9-22.5, also regulates the conduct of public officers. An unpaid ... time member of a planning board is a public officer. N.J.S.A. 40A:9-22.5h. Whether we apply the common law principles or the ... Legislature directed each municipality to establish a municipal ethics board, N.J.S.A. 40A:9-22.20, and to promulgate a municipal code of ethics, N.J.S.A. 40A:9-22.21. The municipal ethics board may hear complaints concerning violations of the code of ethics, N.J.S.A. 40A:9-22.22, and impose fines of not less than $100 ...

docket:	a1812-08
court:	superior court appellate division
decided:	2010-08-17
status:	Unpublished
citation:
Document Size:	52534

24 /usr/local/share/www/libweb/collections/courts/appellate/a3119-20.opn.html -- rank: 640

... 20 16 The Local Government Ethics Law (the Ethics Law), N.J.S.A. 40A:9-22.1 to -22.25, creates a statutory code of ethics ... to impair his [or her] objectivity or independence of judgment . . . . [N.J.S.A. 40A:9-22.5(d).] See also N.J.S.A. 40A:9-22.2 (setting forth the Legislature's declarations concerning the duties ... local government officials). A-3119-20 17 'We must construe N.J.S.A. 40A:9-22.5(d) to further the Legislature's expressed intent that ... officer is 'imperiled.'' Piscitelli, 237 N.J. at 351 (quoting N.J.S.A. 40A:9-22.2(b) to (c)). Disqualification is required when a public ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	37434

25 RAVINDER S. BHALLA ESQ - v. LOCAL FINANCE BOARD - -- rank: 638

... Department of Community Affairs (the Board), finding that he violated N.J.S.A. 40A:9-22.5(d), by voting on a resolution in which he ... investigation and issued a notice of violation, finding petitioner violated  N.J.S.A. 40A:9-22.5(d) because petitioner's joint and several obligations with ... judge issued an initial decision, concluding petitioner did not violate N.J.S.A. 40A:9-22.5(d). The Board filed exceptions to the initial decision ... was arbitrary, capricious, or unreasonable. The Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to -22.25, specifically provides that the Board "shall ... or employees regarding violations of the provisions of this act." N.J.S.A. 40A:9-22.4. The Board consists "of the Director of the Division ... less than two-thirds of all members of the board. N.J.S.A. 40A:9-22.9. We recently addressed the statutory-interpretation implications of ...

docket:	a2384-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-22
status:	unpublished
citation:
Document Size:	15812

26 Thompson v. City of Atlantic City, et al. -- rank: 632

... officials are now supplemented by the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to -22.25. See Wyzykowski , supra , 132 N.J. at 529. In accordance with N.J.S.A. 40A:9-22.21, Atlantic City has enacted a local ethics code that ... of the City of Atlantic City § 22-3C; see also N.J.S.A. 40A:9-22.5c. In addition, under its municipal code “[n]o officer ... of the City of Atlantic City § 22-3D; see also N.J.S.A. 40A:9-22.5d. Atlantic City promulgated standards of ethical conduct for its ...

docket:	a-44-06
court:	njsupreme
decided:	2007-05-16
status:
citation:	190 N.J. 359
Document Size:	82650

27 JOHN ABRAHAM, Appellant v. TOWNSHIP OF TEANECK ETHICS BOARD, Respondent -- rank: 627

... Township of Teaneck, violated the Local Government Ethics Law, specifically N.J.S.A. 40A:9-22.6. The initial filings for local government officers were due ... financial disclosure statement, is administered and enforced by the Board. N.J.S.A. 40A:9-22.4. However, a county or municipality at its option may ... ethics, subject, of course, to the approval of the Board. N.J.S.A. 40A:9-22.19. A local government officer aggrieved by a finding of ... local ethics board may appeal the decision to the Board. N.J.S.A. 40A:9-22.19. Thereafter, the aggrieved person may appeal the decision of the Board to the Appellate Division. N.J.S.A. 40A:9-22.19. By letter dated September 22, 1993, Teaneck resident Ronald ... responsibility of interpreting and enforcing the Local Government Ethic Law. N.J.S.A. 40A:9-22.24, provides in pertinent part:             The municipal ethics board, ...

docket:	a5359-99
court:	njappellate
decided:	2002-03-25
status:	published
citation:	349 N.J. Super. 374
Document Size:	14271

28 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3 IN THE MATTER OF APPEAL OF THE DE -- rank: 605

... James Wickman did not violate the Local Government Ethics Law, N.J.S.A. 40A:9- 22.1 to -22.25, by voting to approve a settlement ... is ultra vires due to an insufficient quorum pursuant to N.J.S.A. 40A:9-22.9.' In Point III of his brief, Wickman asserts that ... s decision, and concluding that Wickman did not violate either N.J.S.A. 40A:9-22.5(c) or (d) of the Local Government Ethics Law ... than two-thirds of all members of the [B]oard.' N.J.S.A. 40A:9-22.9 (emphasis added). It is well established that statutes like N.J.S.A. 40A:9-22.9 that 'define a quorum as a majority or larger ... act, and not a reduced body, however occurring'). Thus, because N.J.S.A. 40A:9-22.9 states that Board decisions on ethics issues must ' ...

docket:	a2561-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-14
status:	unpublished
citation:
Document Size:	14932

29 GERALD G. HAGGERTY, et al. v. RED BANK BOROUGH ZONING BOARD OF ADJUSTMENT -- rank: 600

... outcome of mayor's application). The Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to -22.5 (Ethics Law), also governs conflicts of ... be expected to impair his objectivity or independence of judgment. [ N.J.S.A. 40A:9-22.5d.] The Ethics Law defines "local government officer" as any ... to enact ordinances, approve development applications or grant zoning variances," N.J.S.A. 40A:9-22.3e. The MLUL also expressly prohibits a zoning board member ... Nicosia was a "member of [Lauren Nicosia's] immediate family," N.J.S.A. 40A:9-22.5d, a "family member," Wyzykowski , supra , 132 N.J. at ...

docket:	a4251-04
court:	njappellate
decided:	2006-05-22
status:	published
citation:	*CITE_PENDING*
Document Size:	50801

30 SHERRY SCULL v. LOCAL FINANCE BOARD -- rank: 589

... Township Council (Council), violated the Local Government Ethics Law, specifically N.J.S.A. 40A:9-22.5(d), when she voted to adopt an ordinance establishing ... June 2009, the Board received two complaints alleging appellant violated N.J.S.A. 40A-9-22.5(d) by participating in the CWA contract vote. After ... impair her objectivity or independence of judgment in violation of N.J.S.A. 40A:9-22.5(d). Appellant subsequently requested an administrative hearing to contest ... the Board's motion, sustained the NOV finding appellant violated N.J.S.A. 40A:9-22.5(d), and found the $200 fine appropriate. In his ... to impair his [or her ] objectivity or independence of judgment ." N.J.S.A. 40A:9-22.5(d). This prohibition codifies a long-standing common law ... objectivity and impartiality of the local government in violation of N.J.S.A. 40A:9-22.5(d) . Affirmed . 1 CWA is the union representing ...

docket:	a4786-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-06-02
status:	Published
citation:
Document Size:	34166