Mayor Gusciora Vetoes Code of Ethics Ordinance Adopted by City Council

TRENTON, N.J. – Mayor Reed Gusciora vetoed Ordinance 19-25, which would prevent anonymous ethics complaints, give City Council the power to remove any Administration employee or officer who violates the code of ethics, and contradicts the State Code of Ethics. Gusciora stated that Council would be in control of who gets fired in City Hall.

“In essence, it’s overly broad overreach and unconstitutional,” said Gusciora. “Imagine giving Council the authority to be both judge and jury of unethical conduct.”

“This so-called ethics ordinance is, ironically, unethical and violates State statute,” he said. “It is wholly unjust to take away the power to remove or discipline employees and officials from their supervising officer and give it to the members of City Council. This is an overreach by the legislative body and would never pass constitutional muster. What Council did was simply copy Title 40 and get rid of the part that the Ethics Board can only make recommendations to the hiring authority. ”

In a letter to Mayor Gusciora dated April 30, Council President Kathy McBride expressed her intent to override the veto, which will require two-thirds of the Council to vote in favor. If passed, it is the Mayor’s opinion that the ordinance would be struck down in court for violating State statute. 

“While I don’t object to Council cutting and pasting state ethics laws and adopting as it as their own,” said Gusciora, “Council can’t arbitrarily change the punishment authority to make themselves the deciding voice of who will remain in the Executive Branch when a breach has occurred. In this instance, they should simply stop playing games with City workers.”

“I support strong ethical guidelines for city employees,” said Councilman Jerell Blakeley. “However, the recently passed code of ethics is an assault on due process and weakens whistleblower protections. That is why I didn’t support its passage. I will be supporting the Mayor’s veto.”

“Council has to follow the State law regarding ethical oversight of the municipality,” said Mark Kieffer Jr, President of the Trenton Superior Officers Association. “The ‘Local Government Ethics Law’ allows City Council to either adopt the State’s Code of Ethics, which is overseen by the Local Finance Board, or create an Ethics Board through an ordinance, who would then establish a municipal code of ethics through a resolution passed by Council. Those things are already in place. It makes sense for the ethical oversight of all City employees, including the Mayor’s administration and Council members, to be conducted in an objective way by an independent body separate from both Council and the Administration, and for either entity to attempt to acquire control of that oversight is redundant, and disrupts the uniformity required by state law. The Mayor was correct in vetoing this ordinance. It would be unethical for the Council to override this veto as this ordinance would disrupt the separation of powers to lean unjustly in their favor. Lastly, Council cannot give themselves the authority to terminate certain employees, including police officers, as they are bound by the rules of civil service.”

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