Even before Tom DeGise was sworn in at Hudson County’s fifth county executive two weeks ago, his representatives put a proposal before the freeholders at the Nov. 12 freeholder caucus that would set up a board of ethics for the first time in county history.
The ordinance, which was expected to be introduced without opposition at the Nov. 14 freeholder meeting, would establish a six-member board made up of people with reputable reputations for integrity and a significant knowledge of governmental affairs.
The ordinance fulfills a promise DeGise made during his campaign for county executive, and is part of an effort to reduce or eliminate corruption. DeGise was elected to fill the unexpired term of former County Executive Robert Janiszewski, who pleaded guilty to extortion and tax evasion in October.
Although the state model – upon which the ordinance is based – would allow some public officials to sit on the board, Freeholder Bill O’Dea has asked that the board be devoid of public officials, their families or employees of the county. The state model says only two members of the board must be from the general public.
New County Administrator Laurie Cotter said such an amendment would delay the introduction and passage of the ordinance because of reviews needed by the state. O’Dea asked that permission be sought for the change even as the ordinance moves ahead towards passage.
“As long as we can amend it later, I would vote for this now,” O’Dea said.
William Gaughan, who took over as DeGise’s chief of staff after the Nov. 5 election, told the freeholders that DeGise wanted most if not all the members of the ethics board to come from the general public.
Freeholder Chairman Sal Vega said he applauded DeGise’s efforts to establish a board of ethics.
“But we have time to review this and to make sure that we get it right,” he said. “We also want to make certain that we keep communications open with the county executive. We want what we do here to reflect what the county executive intended.”
Based on a state model
The proposed ethics board follows the state model – one that was just reaffirmed by Gov. Jim McGreevey in an executive order earlier this year. If approved, Hudson County would be among a handful of counties throughout the state with his own board, capable of investigating complaints against county officials. Such a board would have the power to subpoena people and hire an attorney. It would also offer advice to public officials and county employees on proper ethical behavior. The board would consist of six members, all residents of Hudson County, with no more than one from any of the 12 municipalities. No more than three members of the board can belong to the same political party.
Although members will be appointed initially to staggered terms of office, future appointments or reappointments will be for five-year terms.
While the county executive would appoint these members, the freeholders would have to vote to approve each appointment.
As part of the ordinance, the county officials and employees would have to abide by a code of ethics – which would also be based on the state model. State law requires personal financial disclosure for its public officials, the forced establishment of blind trusts for those officials invested in companies doing business with the state, and disclosure of interests in companies that do business with the state government. The state regulations also covers a range of issues such as: gifts that public officials can take from a lobbyist; whom a public official can represent as a lobbyist once out of office; and other issues.
The ethics board’s powers would include the ability to:
Receive, hear and review complaints, and hold hearings with regard to possible violations of code or financial disclosure requirements.
Issue subpoenas to obtain documents or require the appearance of witnesses in conjunction with an investigation or hearing.
Forward to the county prosecutor, the attorney general, or other governmental agency any information concerning violations of county code or financial disclosures. This information could be used for criminal prosecution.
Enforce the provisions of the county code and financial disclosure requirements for local government officers or employees serving the county.
Any local governmental officer or employee may request and obtain from the County Ethics Board an advisory opinion on an activity or conduct as to whether it is in violation.