New ethics standards in place in Monroe
Citizens' group commends officials on seven new laws
BY JESSICA SMITH
Staff Writer

Richard Pucci

MONROE - - Seven ordinances adopted by the Township Council will provide stringent ethical standards for local officials.

And one of them is the first of its kind in the country, according to the Citizens' Campaign.

"Tonight we're sending a very strong message," Mayor Richard Pucci said earlier this month before the council adopted the measures. "I don't think you could do much better, no matter who was attempting to do it."

Council members voted unanimously to adopt the ordinances April 4. The new regulations will establish stricter controls regarding disclosure and recusal in conflicts of interest, pay-to-play laws and other situations that potentially pose ethical questions. Pucci, along with members of the council, extended praise and gratitude to those who served on the ethics panel last year and helped to formulate the ordinances.

According to Pucci, one of the most important things the panel and township officials agreed upon was that although one could be adhering to the law, there are often doubts in the minds of citizens that need to be allayed. In order to achieve that, the panel recommended strict standards in various areas.

"I think everything we're proposing, we can deliver and make it work," said Dennis Galvin, an attorney who served on the panel.

Perhaps the most notable of the ordinances is one that bans contributions from developers who are entering into a contract for a planned development with the township. Members of the Citizens' Campaign said they believe Monroe is the first municipality in the United States to enact such an ordinance.

"We just want to commend the council and Mayor Pucci," Lauren Skowronski of the Citizens' Campaign said. "You have the first of its kind ordinance that deals with conventional development. It's quite impressive."

Most municipalities have ordinances covering pay-to-play in the cases of professional services and redevelopment contracts, according to Heather Taylor of the Citizens' Campaign. The innovative ordinance in Monroe helps to ensure that all bases are covered in terms of pay-to-play for developers.

Several residents had concerns regarding the ordinances. Michelle Arminio questioned how it would be known if there was a breach of terms in the public contracting pay-to-play reform ordinance, and who would be investigating complaints of such breaches.

Township Business Administrator Wayne Hamilton said he would investigate any complaints regarding violations of the ordinance, and if he deemed it necessary, the issue would be taken to Township Attorney Joel Shain.

Hamilton will also serve as the ethics training officer (ETO), established in another one of the ordinances, with no further compensation from the township. As the town's ETO, Hamilton will develop a training guide that encompasses all seven of the ordinances for township boards and employees.

The training seminars will be open to any members of the public who wish to attend, Hamilton said. Dates for the training have yet to be announced.

Residents also had questions about the wording of a few of the ordinances.

Republican mayoral candidate Tom Nothstein took issue with a section discussing contributions to political action committees (PACs), saying the language left a loophole by setting prohibitions for PACs that "regularly" engage in supporting municipal parties or elections. Nothstein said he would like to see the word "regularly" deleted from the ordinance to make it more encompassing.

"It's kind of a work in progress," Galvin said. "We're going to have to learn from experience. That's clearly not what we intended."

Another issue with wording was raised by Arminio, regarding the ordinance that establishes a code of ethical conduct for town officials. In the preamble of the ordinance, recusal is called for "where the conflict is obvious." Arminio questioned how such conflict is determined.

According to Galvin, obvious conflicts would fall into one of four categories established by the panel, which are laid out in a "conflict of interest matrix." The areas are labeled direct, indirect, personal and financial.

Council President Gerald Tamburro offered an example by pointing out Councilman Henry Miller's recusing himself from a vote that involved the church where he is a member.

"What they tried to do here ... is capture all possible conflicts," Tamburro said.

Both Galvin and Tamburro suggested adopting the ordinances, then working with their nuances as time goes on.

Nothstein asked whether the ordinances cover the original issue that caused the panel to be formed - involvement with PACs, since Pucci formed the panel last year based on news reports regarding his then consultation work for a PAC. According to Galvin, the ordinance that deals with disclosure covers the issue along with the one prohibiting contributions.

"You have to see these as interlocking chains," Galvin said.

An ordinance established to combat nepotism among township employees raised concerns on both ends of the spectrum. The rules established will not apply to part-time seasonal employees, and Nothstein said he thinks they should be included under the new regulations.

"I personally have a problem with that," Nothstein said. "To me, nepotism is nepotism whether it's part-time or full-time."

John Kurczeski, a police officer in the town, said he disagrees with the fact that his sons cannot follow in his footsteps to become officers in Monroe because of the regulations.

Tamburro said the issue was addressed with the chief and captain of the department, and neither of them saw a problem with the anti-nepotism ordinance.

"If we made an exception in one department, we would have to make exceptions in every department," Tamburro said.

Kurczeski remained unconvinced.

"Maybe we should trace the family tree back to Adam and Eve," Kurczeski said. "We're all brothers and sisters ... and there would be nobody working here."