New Jersey’s Public Liberal Arts College
SUMMER PROGRAMS
2009
OFFICE OF EVENTS AND CONFERENCES 505 Ramapo Valley Road-D104 Mahwah, New Jersey 07430-1680 Phone: 201.684.7590 Fax: 201.684.7097 www.ramapo.edu/conferences
OFFICE OF EVENTS AND CONFERENCES 505 Ramapo Valley Road, Mahwah, NJ 07430-1680 Phone (201) 684-7590 Fax (201) 684-7097 www.ramapo.edu
May 20, 2009 Dear Summer Program Director, This book has been developed as an addendum to your contract to include important information relevant to summer camps and programs at Ramapo College. Enclosed you will find policies and guidelines that have been developed to ensure the health and safety of all participants. Also listed is a section of the forms the Office of Events and Conferences needs in order for your program to receive necessary support services. Please review all materials carefully and share this information with your participants, parents, counselors, and staff. It is important that all those affiliated with your program are knowledgeable about the expectations and standards of behavior established by the College. We believe that following these guidelines will assure a more pleasant experience for all. If there are any questions about this information or the details of your program, please contact Debbie Spina, Director of Scheduling/Events and Conferences, at (201) 6847082, or via e-mail at dspina@ramapo.edu. Please note that information contained in this manual may also be accessed on our website: www.ramapo.edu/conferences. We wish you a successful summer experience. Sincerely,
Debbie Spina Director of Scheduling/Events and Conferences
Anna Farneski Assistant Vice-President for Marketing and Communications
Su mm er Programs 2009 TABLE OF C ONTENTS Overview of Requirements and Standards for 2009: Summer 2009 Fact Sheet Standards of Conduct/Agreement Campus Map and Directions Health & Safety: Environmental Health and Safety Guidelines Health Alert: Lyme Disease College Policies and Guidelines: Accommodation Copyright Discrimination, Harassment or Hostile Environments in the Workplace Drug-Free Workplace Insurance Requests Smoking Sterno Fuel Use Technical Information –Sharp Theater Trustees Pavilion Room Usage Policy Uniform Ethics Code Workplace Violence W-9 Renters Form
Campus Security: Motor Vehicle Rules and Regulations Campus Crime Statistics Aquatics Manual Licensing: NJ Youth Camp Safety Standards Forms: Alert Me Now Form Camp Health Form Candle Use Dining Services Boxed Meal Form Dining Services Guarantee Fire Safety Form General Fire Safety Checklist Photo Release Form Residence Life Summer Conference Contact Information Rock Climbing and/or Use of Fitness Equipment Sterno Fuel Use Registration Form
Ramapo College Mission Statement Ramapo College of New Jersey is a comprehensive institution of higher education dedicated to the promotion of teaching and learning within a strong liberal arts based curriculum, thus earning the designation “New Jersey’s Public Liberal Arts College.” Its curricular emphasis include the liberal arts and sciences, social sciences, fine and performing arts, and the professional programs within a residential and sustainable living and learning environment. Organized into thematic learning communities, Ramapo College provides academic excellence through its interdisciplinary curriculum, international education, intercultural understanding and experiential learning opportunities. These four pillars, supported by global partnerships established in Europe, Africa, Asia, South America, the Caribbean, and several Native American tribal communities, have become central themes in Ramapo College’s excellence in the teaching and learning continuum. Ramapo College provides students with individual academic attention and social support within a caring, sensitive and intellectually vigorous community. The College provides service and leadership opportunities for students and faculty through a combination of internships, field placements, community service, study abroad, and cooperative education. These opportunities allow students, faculty and staff to encounter the world beyond the campus. Ramapo College is committed to maintaining strength and opportunity through diversity of age, race, gender, sexual orientation, ethnicity, and economic background among faculty, staff, and students. Ramapo College is a selective institution committed to providing equal access to under-represented populations. Barrier-free, the College maintains a continuing commitment to persons with disabilities. Ramapo College provides a rich living and learning environment through almost one hundred student organizations, intramural sports, and intercollegiate athletics. The College maintains a strong positive and economic impact on the surrounding communities by partnering with area communities, corporations, schools, service organizations, and governmental entities, while sharing its intellectual and cultural resources and its facilities. Ramapo College of New Jersey is committed to providing service and ethical leadership through international understanding and the creation of 21st century partnerships.
FACT SHEET Summer 2009 ATHLETIC FACILITIES • The use of the Bradley Center facilities such as the Arena, Spectator Lobby, Auxiliary Gym, climbing wall, dance studios, game room, pool, and fields, may only occur if it is scheduled in advance. • Participants may purchase a photo ID at the Bradley Center for $25 if they wish to use the facilities during their stay. The camp/program director must authorize this purchase. • A camp wristband is required for all persons using the pool during the camp’s scheduled time. • Participants must be at least 17 to access the fitness center. • Users of the Edelman Climbing Wall must be 16, 4’6” and wear sneakers. • Entrance to the Bradley Center is on Cherry Lane, across from Mansion Road. • There is no long-term parking at the entrance cut-out; parked cars will be ticketed. • Tennis courts and fields must also be reserved and are subject to availability. • Camps supply their own equipment (i.e., basketballs, tennis balls). • Storage space is not available. Camps may make arrangement for a POD at a location determined by Events and Conferences. • Open Rec/Swim is only for enrolled students and/or Bradley Center members. Contact the Office of Events and Conferences to reserve the pool for private use. • Camps/programs that have reserved the pool require participants to sign-in and out on the sheet provided by Athletics prior to use. • Floatation devices and freestanding decorations are not acceptable in the pool area. No food, drink, or glass in the pool area. • As per state policy, summer camps/programs must have 2 lifeguards for the first 30 swimmers, and 1 lifeguard for the second 30 swimmers. There is a limit of 60 swimmers at one time in the pool. • Balloons are not permitted anywhere in the Bradley Center. BERRIE CENTER • All events in the Sharp and Adler Theaters must be managed by Ramapo College technical staff and possibly front of house management, to be determined by the Office of Events and Conferences. • Absolutely no food or drink is permissible in the Sharp Theater. We also ask that guests please keep their feet off the seats. ENVIRONMENTAL HEALTH AND SAFETY • Weekly inspections will be documented and may include the taking of photographs. • Weekly fire drills coordinated by Public Safety are required for overnight camps. • Evacuation: Immediately leave the building for all alarms, while using the nearest exit. Use the stairs, not the elevators. • Failure to respond to a fire alarm or drill will result in a fine per person. • Barbecue Use: Personal barbecues are not permitted on campus. The permanent barbecues may be used or Ramapo Dining Services may cook on their grill. No exceptions. • Camp/program directors, their attendees, and their guests must be supervised at all times and are only permitted in areas authorized in their contract. • Occupancy codes will be enforced.
EVENTS AND CONFERENCES
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The Program Director or knowledgeable representative of the camp must schedule a Program Review Meeting with Events and Conferences one to two weeks prior to the start of camp to finalize all details, move-in procedures and set-ups. Events and Conferences staff is available for a daily review meeting during the program if requested. Events and Conferences must have the following no later than two weeks prior to the start of the program. o NJ Youth Camp License o Copy of camp/program brochure o Alert Me Now Form o Fire Safety Checklist o Insurance Certificate o Wireless Access Form o Standards of Conduct Information Sheet o A (color) sample of your campers' wristband o A copy of the Camper Medical Release Form o Copies of all trainers’ (Medical Director) certifications The Student Site Manager for 2009 is Mimi Oyas. Her cell phone number is 201-887-3041. Her role is as follows: o Serve as primary contact for camps/conferences/programs during non-business hours. o Report all housekeeping and maintenance problems to the appropriate area managers. o Serve as liaison with the Summer Conference staff, Athletics, Dining Services, Public Safety, Berrie Center, Bradley Center, Health and Safety, Media Services and HVAC. o Greet camps/conferences/programs upon arrival and departure. o Collect participant lists and weekly rosters. o Conduct pre- and post- inspections of non-sleeping spaces for each group. o Coordinate signage for camps/conferences/programs on move-in day. o Assemble information packets and wristbands for groups upon arrival.
FACILITIES • All campus spaces, indoor and outdoor, must be reserved through the Office of Events and Conferences. • No tape, tacks or duct tape should be used for posting information to walls or indoor/outdoor campus signs. • Postings are not permitted on campus signs, trees or benches, etc. • Campus signage may not be blocked by any posting. • Extension cords cannot be used without authorization from the Facilities and Electrical department. • Facilities does not provide extension cords. • Indoor and outdoor furniture cannot be rearranged. • Camps/programs are responsible for cleaning up litter they generate on campus property. • Trash should be brought to the trash room in the assigned Residence hall on a daily basis. Failure to do so will result in a per bag/item charge of $10. • Camps/programs should bring their own trash bags. • Housekeeping Staff must be arranged through Events and Conferences if the need for extra trash cans or trash removal is anticipated. • Clean-up charges may be incurred if there is excessive garbage in areas used by the camp/program. HEALTH SERVICES • State of New Jersey law requires that all overnight camps must have medical coverage.
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Medical information forms must be completed and presented to Student Health Services prior to academic programs participants' arrival. This applies only to the following programs: Roots, Upward Bound, Governor’s School and any pre-college programs. All other organizations must maintain all medical forms on site. Camps may be required to establish an on-site infirmary where copies of health history forms for each participant are housed. For ID purposes, a representative from the Academic Program (Roots, Upward Bound, Governor’s School or Pre-College programs) must accompany any student requiring health services to the Health Services Center located on campus in the grey house-like structure next to commuter parking, at the south entrance to campus. In cases of emergency, Public Safety does not provide transport off campus. Public Safety will activate the 911 system for all emergencies. RCNJ EMS is not available during the summer. Mahwah EMS will provide emergency coverage for the campus. Mahwah EMS does not provide rides back to the campus after treatment. It is the responsibility of the camp / program director to make arrangements for the transportation back to campus. Minors (under 18) cannot refuse medical treatment. Beware of poison ivy on campus as well as ticks and bees. Students/campers should not feed any animals on campus, including the geese. A medical director is required as specified in the NJ Youth Camp Safety Standards Requirements for all camps. Directors must use (1) one of the residence hall rooms as the infirmary. This room must be dedicated for this use only. Medical Directors may be shared provided the camps/programs have written documentation available indicating the agreement. The Medical Directors must be available during the entire program (24/7).
RAMAPO COLLEGE DINING SERVICES (RCDS) • There is a minimum of 25 people to provide meal services. If any of your groups are under 25 people for any particular meal we may not be able to accommodate you and a box lunch will be provided (charged at lunch price). • Three (3) Meals per person, per day - $17.98 • If a person is not participating in the full day meal plan, meals will be charged as follows: • Price of meal includes the 7% state tax, unless the tax exempt number/certificate is provided prior to arrival. All tax exempt documentation must be received by May 1. • Individual per day: Breakfast, $3.37, Lunch $6.35 and Dinner $8.26 (7% tax included) • Cleats may not be worn in the Dining Areas. • Shoes must be worn at all times – per the health dept and safety regulations. • A program/camp representative MUST be present at the arrival of the group and at the departure. No groups will be allowed access without a representative. • A program/camp representative along with RCDS must sign off at the end of each meal service to verify the correct count of campers. Any discrepancies will default to Ramapo Dining Services. • Initial meal guarantees must be provided by May 1. Failure to return the guarantee form by May 1, 2009 may prevent RCDS from filling your dining needs. • Final guarantee counts must be supplied to Dining Services one week prior to arrival. • Adjustments to the meal guarantees are accepted by Wednesday prior to the upcoming week. All adjustments must be made in writing and delivered, faxed or emailed. • Your bill will reflect guaranteed counts or actual counts if higher than guarantee. • Preferred meal times will be accepted and reviewed on a first come first serve basis. Preferred meal time does not guarantee a time slot. A final meal time for your group will be provided to each group upon arrival. Please follow these times your change in times will affect the other groups on campus.
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Weekend meals will include Brunch and Dinner unless other arrangements are made with RCDS. Special requests may be directed to the Catering Department at ext: 7772.
RESIDENCE LIFE • Written rosters of all camp participants MUST be submitted in writing at least 15 days prior to the camp’s arrival. Failure to provide this information will result in a delay of obtaining entrance to the Residence Halls & room keys or a loss of summer 2009 Housing. • Early arrival requests MUST be submitted in writing at least 15 days prior to the camps arrival. Failure to provide date & times of early arrivals will result in a delay of obtaining entrance to the Residence Halls & room keys on the requested date. • All phone requests must be submitted in writing to the Office of Residence Life at least 30 days in advance. Failure to make such requests will result in a delay of service. Phones are limited and will be provided on a first come first served basis. • Furniture &/or mattresses may NOT be removed from any residence hall room, nor should any outside furniture &/or mattresses be added to any residence hall room. It is the responsibility of the program director to immediately report any missing/damaged/nonfunctioning access cards to the Summer Conference Office. All access cards must be returned within 24 hours of the camp’s departure. Access cards not returned within this time period will be charged to the camp at a rate of $15/card. Quiet hours must be observed: Sunday - Thursday: 11:00 p.m. - 8:00 a.m. Friday - Saturday: 1:00 a.m. - 10:00 a.m. The medical infirmary, as required by the state, will use one of the rooms allocated to the camp by Residence Life. The room must be a dedicated infirmary and not a sleeping room. The Renter agrees to have all trash removed from rooms used on the last day of camp. This includes but is not limited to ensuring all micro-fridges are empty of any contents. Any trash left behind will result in a $10 per item charge. Trash should be deposited in the trash room on the first floor. Trash should not be left in any common or public areas including, but not limited to, hallways, lobbies or stairwells. Campers may not enter any rooms or floors not assigned to the Renter. Campers may not block doorways or elevators with athletics equipment or bags. Campers found trespassing on any floor other than the camp assigned floor may be asked to leave the building (at the discretion of Residence Life). Damage done to other floors by campers will be charged back to the appropriate camp. Campers/staff members/counselors are prohibited from using personal barbecues anywhere on campus. College employees may enter rooms to complete repairs. Advanced notice will be given to the Program Director when possible. Arrangements for catering/serving food in the Residence Halls on occasion must be made in writing and approved by the Summer Conferences Staff. New Policy ! It is mandatory that a senior level member of the camp staff attend both the pre- and postinspections, and sign a document attesting to that fact. Programs that do not abide by this policy will not be permitted to reserve space for the following year.
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Program directors (or designees) who do not complete pre- inspections will not receive room keys. Program directors (or designees) who do not complete post- inspections will not be permitted to reserve space for the following year.
PUBLIC SAFETY • All incidents and emergencies must be reported immediately to Public Safety at x6666 (Off Campus phone: 201-684-6666). • While on campus, all academic program and athletic camp participants are the responsibility of each organization’s director and are required to wear a wristband (or approved alternative) preferably with the name of the organization indicated on the wristband. This is mandatory. • Parking is prohibited in handicapped or reserved spaces and must not be used for dropping off camp attendees at residence halls. Driving on walkways or pulling up to doorways is prohibited and may result in a motor vehicle citation being issued to the driver. • All parents should be informed that there is no parking on Rte. 202, including in front of North Field. • Public Safety cannot direct/stop traffic on Route 202.Groups should be escorted by counselors. • No cars should stop and pull over on Route 202 or at the entrance to campus to drop off or pick up. • Program directors must be responsible and follow New Jersey traffic laws regarding crossing streets. • Motor vehicles may not be parked unattended without a temporary parking permit. A one-day temporary permit may be obtained at the Main Entrance Information Booth. Longer-term temporary permits may be arranged with Campus Public Safety by contacting Patricia Snyder (x7788) or Diane Kuipers (x7789). • Golf carts cannot be driven on Route 202. • Uniformed Public Safety personnel patrol campus. • All New Jersey Motor Vehicle Regulations (Title 39) must be obeyed on campus. • In cases of emergency, Public Safety does not provide transport off campus. Public Safety will activate the 911 system for all emergencies • Camps/Programs with more than 50 residents may require Public Safety assistance at move-in for traffic control (at their own cost).
REPLACEMENT COSTS AND FINES •
Lost Access Cards - $15.00 each
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Lost Sub-masters - $50.00 each
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Replacement Locks - $100.00 each
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Trash Removal - $10.00 per item
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Failure to respond to a Fire Alarm/Drill - $100/person
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Setting off fire alarm from cooking in the residence hall: $150 -1st offense, $300 -2nd offense.
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Any camper found responsible for pulling a false fire alarm will be subject to a fine of $500 or may be ejected. Should ejection be necessary, coordination would occur with Renter’s personnel.
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Other fines as per campus policies are applicable.
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Arrangements with Housekeeping/Grounds for excessive clean-up will be charged at a rate of $45/person/hour.
CAMPUS HOURS BRADLEY CENTER Building Hours (June 22-August 7) Monday-Thursday, 8am-9:30pm Friday 8am-5pm Saturday 9am-4pm Open Swim: Monday Thursday 11am-12:30pm, 8-9:30pm Friday, 11am-12:30pm Saturday, Noon-4pm *Camps must reserve specific spaces through Events and Conferences, or individual participants may purchase a pass for $25 to access the facilities during their stay. CAMPUS STORE The Campus Store is located on the 2nd floor of the Robert A. Scott Student Center. Summer Hours are Monday-Thursday, 9am-5pm; Fridays, 9am-1pm; closed on Saturdays and Sunday. PAVILION OR BIRCH TREE INN (DINING AREAS) To avoid crowding in the dining room, you must follow your specific meal times and location assignment. Mondays – Fridays (Meal times are subject to change based upon the total guest count.) Breakfast 7:30am - 9:00am Lunch 11:00am - 2:00pm Dinner 4:00pm - 6:30pm Saturdays & Sundays (With prior arrangement only, and based upon the total guest count) Brunch 11:00am - 1:30pm Dinner (Saturday) 4:00pm - 6:00pm Dinner (Sunday) 4:00pm - 6:30pm RESIDENCE LIFE QUIET HOURS Sunday - Thursday: 11:00 pm - 8:00 am Friday - Saturday: 1:00 am - 10:00 am
Standards of Conduct Summer 2009 It is important to us that you have a safe and successful stay on campus. In order for all of our visiting program and camp participants to have an enjoyable experience, we have developed a list of expectations. We ask that Program Directors share this list with the participants, parents, and staff. 1. Ensure you follow the rules for trash removal as directed by your camp leader. 2. The dining halls are heavily used. Please help us keep the tables available by busing your trays. 3. Do not touch or place anything on the sprinkler head or sprinkler pipe. 4. No gasoline or other flammable substance may be stored indoors at any time. 5. Ensure you obey all fire drills by vacating the facility or residence hall. 6. New Jersey Motor Vehicle Law requires a registration, license, and insurance coverage in order to operate a vehicle. 7. Your driver must enter campus for drop-off; drop-off is prohibited on Route 202. 8. Parking is not permitted at the Bradley Center cut-out; only drop-off. 9. A responsible counselor or leader is expected to cross their group participants on Route 202. No crossing should take place by participants without a counselor or leader present. 10. Please note when crossing Route 202 that the northbound and southbound lights are not equally synchronized. Therefore, a green or red light in one direction will not mean the other has the same signal at the same time. 11. Behavior that endangers persons or property is prohibited. Great care must be taken to avoid damage to the residence halls. 12. Ensure you abide by the rules and regulations of the campus facilities. 13. Ensure you obey all directions from Public Safety officers. 14. Smoking is prohibited by New Jersey State Law for individuals less than 18 years of age. 15. Smoking is strictly prohibited in all buildings. Smokers must be at least 25’ from any building. 16. Consumption of alcoholic beverages is strictly prohibited in residence halls and on campus. 17. Use of the Bradley Center fitness center is for participants 17 years of age or older.
18. Users of the Edelman Climbing Wall must be 16 and 4’6” and wear sneakers. 19. Ensure you understand the operation and storage guidelines for operating a golf cart prior to use. In particular, note that participants may not operate a golf cart, only the camp leaders. Only one person per seat may ride on the cart. Camp leaders must acknowledge in writing that they have read the golf cart use policy. 20. Ensure that program directors handle conflicts with one another other program directors in an effort to seek out mutual resolutions. Unresolved issues should be brought to the attention to the Events and Conferences Site Manager or Director. 21. We ask that program staff encourage all participants to be respectful of Ramapo’s commitment to diversity as is defined in its mission statement (see next page). 22. Be aware that the following fines are applicable to all summer camps/programs. • • • • • • • • • • •
Replacement of Lost Access Cards - $15.00 each Lost Sub-masters - $50.00 each Replacement Locks - $100.00 each Failure to respond to a Fire Alarm/Drill - $100/person Setting off fire alarm from cooking in the residence hall: $150 -1st offense, $300 -2nd offense. Pulling a false fire alarm: $500 or ejection (coordinated with Program Director) Covering a smoke detector: $500 Tampering with any fire safety equipment is subject to a $500 fine. Trash Removal - $10.00 per item Arrangements with Housekeeping/Grounds for excessive clean-up will be charged at a rate of $45/person/hour. Other fines as per campus policies are applicable.
The undersigned hereby agrees to abide by all Standards of Conduct listed above as well as all policies, procedures, and information contained in the Ramapo College 2009 Summer Camps/ Programs book and those set forth by Ramapo College of NJ. Name of Camp/Program__________________________________________________________ Signature______________________________________________________________________ Title__________________________________________________________________________ Date____________________________________
Campus Map and Legend
Campus Map
Campus Map Key 1. Birch Mansion Academic Affairs (1st floor) Administration and Finance (2nd floor) Alumni Relations (1st floor) Budget and Fiscal Affairs (2nd floor) Board Room (2nd floor) Friends of Ramapo (1st floor) Grants Administration (1st floor) Institutional Advancement (1st floor) President’s Office (2nd floor) Provost’s Office (1st floor) Ramapo College Foundation (1st floor) York Room (1st floor)
2. E-Wing Academic Resource Center (E-217, E-233) Center for Academic Success (2nd floor) Center for Computing and Information Systems (E-112, E-113, E-114) Center for Professional Development (2nd floor) Financial Aid (2nd floor) Institutional Research and Planning (2nd floor) Veterans’ Affairs Office (2nd floor)
3. G-Wing AFT Office (2nd floor) Joint Nursing Program (4th floor) Master of Science, Educational Technology (4th floor) Master of Science, Nursing (4th floor) Nursing Program, Joint (4th floor) School of Social Science and Human Services (1st floor) School of Theoretical and Applied Science (3rd floor) Teacher Education (4th floor)
4. K-Wing Center for Science, Education and Technology (Future Site) Roukema Center for International Education, Marge (Future Site)
6. H-Wing Academic Media Services (2nd floor) H-Wing Auditorium (1st floor)
15. McBride House
38. Havemeyer House
Admissions Enrollment Management
39. Tennis Courts 7. Print Shop/Mail Room Mail Room Print Shop
8. Scott Student Center Alumni Lounges (1st floor) The Atrium (1st floor) Birch Tree Inn (1st floor) Campus Ministries (2nd floor) Campus Store (Books and More) (2nd floor) Friends of Ramapo Hall (2nd floor) J. Lee’s (2nd floor) Roadrunner Central (2nd floor) Student Center Office (2nd floor) Student Development Office (2nd floor) Student Government Office (2nd floor)
9. C-Wing Cahill Center for Experiential Learning/Career Services (2nd floor) Howard Schmidt Security Headquarters (1st floor) Residence Life (2nd floor) Specialized Services (2nd floor) Student Affairs Office (2nd floor) Women’s Center (2nd floor)
10. B-Wing Environmental Health and Safety (1st floor) Language Lab (1st floor) Master of Arts, Liberal Studies Selden Rodman Gallery of Popular Arts (1st floor) School of American and International Studies (2nd floor)
16. Security Information Booth 40. Competition Soccer Field
17. Bandshell 18. The Circle-Reserved Parking
41. Jeff Maund Memorial Baseball Field
19. Trustees Pavilion
42. Softball Field
Pavilion Dining
43. Practice Field
20. Oak Hall 21. Maple Hall
44. Multipurpose Field 2
22. North Field
45. Running Track
23. College Park Apartments
46. Stadium Field
24. Laundry Room
47. Multipurpose Field 1
25. The Lodge Resident Activities Center, RAC
26. Overlook 27. Facilities Complex 28. Parking Garage
(Under Constr.)
29. Linden Hall
A=11, B=10, C=9, D=5, E=2, G=3, H=6, K=4
Residence Life (Pine Hall) (Under Constr.)
11. A-Wing School of Business (2nd floor)
12. TEC
32. The Village 33. Thomases Commons
Technology and Education Center (TEC)
34. Sustainability Education Center 13. Potter Library Center for Holocaust & Genocide Studies (3rd floor) Potter Library Galleries
14. Berrie Center Adler Theater (2nd floor) André Z. Pascal Gallery (2nd floor) Contemporary Arts (H-109) Curtain Call Café (1st floor) Ingersoll-Rand Dance/Theater Rehearsal Hall (2nd floor) Kresge Foundation Gallery (2nd floor) Ramapo Dining Services (1st floor) School of Contemporary Arts (2nd floor) Sharp Theater (1st and 2nd floors)
Residence Parking: B-3 (Pine/Linden) Faculty/Staff Parking: A-1, A-2, A-3, A-4 Parking Garage (Under Constr.) 28 Student Parking: B-1, B-2, C-1, C-2 Visitor and General Parking: C-3, D-1, D-2
Wings, Academic Complex:
30. Pine Hall 31. Laurel Hall
48, 49, 50. Sculpture Studios Parking Lots: P
5. D-Wing Academic Advisement Center (2nd floor) Affirmative Action Office (1st floor) Benefit’s Office (1st floor) Bursar’s Office (1st floor) Business Office (1st floor) Counseling Center (2nd floor) Educational Opportunity Fund Program (1st floor) Employee Relations (1st floor) Events and Conferences (1st floor) Governor’s School (2nd floor) Human Resources (1st floor) International and Intercultural Education (2nd floor) Marketing and Communications (2nd floor) Payroll Office (1st floor) Registrar (2nd floor) Study Abroad (2nd floor) Web Administration (2nd floor)
President’s Home
(Future Site)
35. Student Health Services 36. Visiting Scholars Residence 37. Bradley Center Arena Auxiliary Gym Konica Minolta Spectator Lobby Pool, Adele and Reuben Thomas Swimming Sharp Fitness Center (2nd floor) Skybox, Sony Electronics (2nd floor)
Directions to Ramapo College Ramapo College of New Jersey 505 Ramapo Valley Road Mahwah, NJ 07430 (201) 6847500 FROM THE SOUTH USING ROUTE 17 Follow Route 17 North to Mahwah to exit sign “202 Suffern/Morristown” on right. At the end of the short exit ramp turn left (Route 202 South). Continue on Route 202 to light. Campus entrance is on left. USING GARDEN STATE PARKWAY Leave Parkway at exit 163 (left lane exit). Follow Route 17 North, using instructions above. USING ROUTE 208 Follow Route 208 North until Route 202 in Oakland. Continue north on 202 until first light in Mahwah. Campus entrance is on right. USING ROUTE 287 Take Route 287 North to exit 66 (Mahwah); follow Route 17 South to Route 202 exit. At the end of the exit ramp make left turn (202 South). Continue on Route 202 to light. Campus entrance is on left. USING NEW JERSEY TURNPIKE Take N.J. Turnpike (I95 North) to end (exit 18W or 18E). Continue North to Route 80 West to Route 17 North. Follow directions above using Route 17. FROM THE NORTH USING ROUTE 17 Follow Route 17 South (approximately 1.5 miles from Suffern exit on N.Y. State Thruway). Turn right at Route 202 exit. At end of exit ramp, turn left (Route 202 South). Continue on Route 202 approximately one mile to light. Campus entrance is on left. USING NY STATE THRUWAY Take N.Y. State Thruway (I87) South to Route 287 South (New Jersey), exit 15 (Suffern) onto Route 17 South. Follow directions for “From the North Using Route 17.” FROM ORANGE COUNTY USING ROUTE 17 Follow directions “From the North” using Route 17 (above). FROM WESTCHESTER AND ROCKLAND COUNTIES Follow Route 287 West over the Tappan Zee Bridge to Route 17 South. Follow directions above “From the North Using Route 17.’
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FROM THE EAST Follow Route 80 or Route 4 to Route 17 North. Follow Route 17 North. Follow directions above “From the South Using Route 17 North.” FROM THE WEST Follow Route 80 East to Route 287 North to Mahwah exit 66 (south on Route 17 to 202 South). FROM NEW YORK CITY Take the George Washington Bridge, Route 4 West to Route 17 North to 202 South. FROM CONNECTICUT Follow I95 to Route 287 West over the Tappan Zee Bridge, continue to exit 15 (Suffern) onto Route 17 South. Follow directions “From the North Using Route 17.”
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Environmental Health and Safety Guidelines Fire Safety
Index Section
Page No.
Environmental Health and Safety Guidelines Introduction Scope EH&S Codes and Regulations General Safety Events/Gatherings Event Props Barbecue Use Strobe Lights Golf Cart Use ALERT ME NOW Fire Safety Fire Safety Cover Index
3 3 3 3 4 4 4 4-5 5 5
6 7
ALERT ME NOW INFORMATION SHEET
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Environmental Health and Safety (EH&S) Guidelines Introduction Environmental Health & Safety and Fire Safety compliance has always been and continues to be a high priority at Ramapo College. We continue to assess what more can be done to raise our preparedness and to assure the safety of all members of the Ramapo College Community: faculty, staff, and students; including vendors, contractors, renters, guests, Summer Camps and anyone else who enters upon the Campus.
Scope The policies and procedures contained within this document are applicable to all members of the Ramapo College Community: faculty, staff, and students; including vendors, contractors, renters, guests, Summer Camps and anyone else who enters upon the Campus.
EH&S Codes and Regulations . I. General Safety Ramapo College is required to comply with various NJ State and Local Codes and Regulations including but not limited to the NJ Fire Code and the Mahwah Township Health Code. Accordingly, those codes and regulations are applicable to all those mentioned above in Scope. II. Events/Gatherings Required - A completed "General Fire Safety Guideline Checklist". Obtain form from the office of Events and Conferences when you make your event reservation. a. Inside assembly events with more than 50 guests the event coordinator is required to ensure that the safety evacuation announcement is made 10 minutes prior to the start of the event: "Upon activation of a fire alarm immediate evacuation to the nearest available exit is required. Proceed to the outside evacuation assembly area. The use of the elevators is prohibited during an alarm. Once outside the building, everyone must wait until an “all-clear� is given by Campus Public Safety or Emergency Personnel before re-entering the building. Please take note of at least two of your nearest exits.� b. Food must meet local health code regulations and must be maintained at appropriate temperatures required by the health code. c. Campers and guests must be supervised at all times and are only permitted in authorized areas.
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III. Event Props Any performances, amateur or professional, may not include the use of fire, fireworks, or weapons (including but not limited to knives, guns, swords, etc.) IV. Barbecue Use a. Fires, for cooking of food only, may only be lit on stationary grilles provided by the College. b. Personal barbecues are not permitted on campus. c. All ash and used charcoal briquettes must be disposed of in the designated receptacles which are provided at each barbecue area. d. College policies regarding noise/quiet hours, trash and alcohol must be observed at all times during barbecues. e. A member of Campus Public Safety, Residence Life, an On Call Administrator or the College Fire Marshal may shut down a barbecue if necessary. V. Strobe Lights Strobe lights can cause seizures in people with epilepsy or with other types of medical or psychotically conditions. Accordingly, a sign indicating that strobe lights will be used during the performance shall be posted at the entry to the event. VI. Golf Cart Use Any person who operates a golf cart on College premises must have the knowledge, training and skill to safely operate this vehicle and shall be fully accountable for their actions and the consequences thereof. a. Golf carts shall be operated with the utmost courtesy, care and consideration for the safety and convenience of pedestrians. Pedestrians shall be afforded the right-of-way at all times. b. Golf carts shall be operated in such manner that they do not impede or interfere with normal pedestrian or vehicular traffic flow on roadways, ramps or sidewalks. c. Golf carts must be operated in accordance with the manufacturer’s recommendations. Golf carts shall not be modified in any manner that affects the recommended mode of operation, speed or safety of the vehicle. d. Any golf cart intended to be operated in excess of 15 miles per hour shall be equipped with specific safety features that include, but are not limited to seat belts, windshields, headlights and rear-view mirrors. All speed limits shall be observed. e. Golf carts intended for use between dusk and dawn, regardless of operating speeds, shall be equipped with headlights. f. Camp Directors shall assure that each golf cart is tagged with the maximum load capacity recommended by the manufacturer. Golf carts equipped with a back carriage shall not be overloaded. Overloading decreases maneuverability and safe operation. g. Golf carts shall be equipped with a functional horn. h. Operators of golf carts that are not equipped with turn indicators shall use appropriate hand signals. 4
i. Golf carts shall be operated in accordance with the following specific rules 1. Golf carts shall not be parked within 6-8 feet of the entrance or exit of any building, except at loading docks. Temporary parking close to an entrance is permitted for loading and unloading of passengers or equipment. 2. Operators shall stop golf carts at all blind intersections and sound their horns before proceeding. 3. Golf carts shall not be parked in any manner likely to obstruct or interfere with the flow of pedestrian or vehicular traffic in heavily traveled areas. Pedestrians, as used here, shall include persons in wheelchairs or mobility assistance devices. 4. Operators shall not stop (bring a golf cart to rest for any period of time) in the middle of roads and walkways. 5. Special care shall be taken while driving golf carts through parking lots and on walkways. Golf carts shall not be operated at speeds in excess of 15 miles per hour in these areas. j. The operator of a golf cart may not utilize a mobile phone, portable music player with headphones or engage in any other behavior that may be distracting. k. Charge carts in approved areas only. l. Do not overcrowd carts. m. Golf Carts shall not be parked in any: 1. Fire Zones. 2. Fire Hydrants. 3. Fire Department Connections. Violators of m1, m2 and m3 above shall be subject to a $100 fine VII. ALERT ME NOW The Campus Emergency Notification System which provides: 1. Timely Weather-Related Notification a. Delays b. Closings c. Early Closing 2. Personal On-Campus Safety Notification a. Dangerous Campus Condition b. Fire On-Campus c. Major Flooding d. Hazardous Material Release e. Power Outage Complete an ALERT ME NOW INFORMATION SHEET found on page 19 and submit it to the Office of Events and Conferences. VIII. Fire Safety See Section Fire Safety beginning on Page 6
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6
Fire Safety Index Section
Page No.
Introduction
8
Emergency Situations and Related Procedures Visible fire, smoke condition, explosion, odor of smoke Carbon monoxide detection system or device is activated Evacuation of the Building When Evacuation from Room or Building is not possible Evacuation for Persons with disabilities
8 9 9-10 10 11
FIRE PREPAREDNESS AND PREVENTION INFORMATION
12
Prevent Cooking Fires: “Watch What You Heat” Stand by your pan Micro-Manage your Microwave Keep it clean For Your Safety In Case of a Stove or Oven Fire
13 13 13 13 13-14
Prohibitions and Prohibited Items
15-16
Permits
17
Fines
17
Additional Key Fire Safety Policies and Procedures
18
ALERT ME KNOW Information Sheet
19
7
Introduction The following Fire Safety information is intended to educate faculty, staff, students and guests about the Policies and Procedures that they shall follow to help prevent fires and to protect themselves and their members in the event of a fire. All renters should take the time to read this information. Camp Directors and the Directors and Leaders of other rental organizations shall also take the time to review and educate their respective Camp and Organization members about these Policies and Procedures.
Emergency Situations and Related Procedures I. SITUATIONS: Visible fire, smoke condition, explosion, odor of smoke in any campus building or on any campus property; including vehicle/trash/brush fires. PROCEDURES: 1. The Fire Laws of New Jersey require that you immediately notify Campus Public Safety or the local fire department of the situation. From Campus phones dial for Public Safety 6666 or 9 then 911 for the Fire Department. Otherwise dial 201.684.6666 for Public Safety or 911 for the Fire Department. Information to be provided to the emergency responding agency shall include: a. The location of the fire/smoke condition/odor. b. What is on fire (building, car, brush, etc.). c. A call back phone number. d. If possible, also report whether the building or vehicle is occupied. 2. Pull Station: If the fire alarm is not activated, pull the nearest fire alarm pull-station (if it is safe to do so). Fire alarm pull stations activate alarm bells throughout the building to alert other residents of the fire emergency and report the alarm to Campus Public Safety. Pulling the fire alarm station may saves lives. 3. Trained personnel will immediately begin evacuation of any building involved. 4. Campus Public Safety shall notify the Division of Fire Safety as soon as possible, by calling 1-877-NJ-FIRES (1-877-653-4737) and providing information on the incident to the dispatch center.
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II. SITUATIONS: Carbon monoxide detection system or device is activated. PROCEDURES: 1. The Fire Laws of New Jersey require that you immediately notify Campus Public Safety or the local fire department of the situation. From Campus phones dial for Public Safety 6666 or 9 then 911 for the Fire Department. Otherwise dial 201.684.6666 for Public Safety or 911 for the Fire Department. Information to be provided to the emergency responding agency shall include: a. The location of the source of the carbon monoxide, if known. b. A call back phone number. c. If possible, also report whether the building is occupied. 2. The affected area of the building will be immediately evacuated by trained personnel. 3. Should any additional carbon monoxide detection devices activate, a general alarm signal in the building will be activated by Campus Public Safety or other on site persons by activating the fire alarm Pull Station and the entire building will be immediately evacuated by trained personnel. 4. Should any carbon monoxide detection system or part thereof be disabled or rendered unusable, Campus Public Safety shall notify the Division of Fire Safety as soon as possible, by calling 1-877-NJFIRES (1-877-653-4737) and providing information on the incident to the dispatch center. III. SITUATION: Evacuation of the Building PROCEDURES: 1. The Fire Laws of New Jersey require that you immediately evacuate the building upon activation of the fire alarm. You must immediately leave the building via the nearest available EXIT or stairwell! 2. Do Not Use any of the elevators! Elevators enter into a “Fire Service� mode and may not respond to calls when the fire alarm system has been activated. Also, using the elevator may cause you to be trapped or arrive on the floor where the fire and smoke are located. 3. Do not wait for confirmation of visible fire, smoke condition, explosion, odor of smoke, or assume the alarm is a false alarm. 4. Do not attempt to locate the fire. 5. Do not attempt to fight or extinguish the fire. 9
6. GET OUT and STAY OUT! Do not re-enter the building! 7. Once safely outside, report to the designated Evacuation Assembly Area (identified by a red sign with white lettering). 8. Report any pertinent information regarding persons with disabilities, permanent or temporary mobility impaired persons and anyone else who may not have yet evacuated the building to anyone of the following at the scene: a. The Camp Director or his or her designee. b. Campus Public Safety. c. Police d. Fire or other Emergency responders. 9. Residents will not be permitted to return to the building until everyone has gathered at the Assembly Area (no loitering in lobby or front of building). 10. Stay clear of Fire Lanes so that emergency responding vehicles have clear access to the building(s). 11. Remain at the Evacuation Assembly Area until the all clear is given from the Mahwah Fire Department or Campus Public Safety. 12. In the event of a prolonged evacuation in inclement weather, a College Official will direct residents to an alternate indoor Assembly Area. IV. SITUATION: When Evacuation from Room or Building is not possible. PROCEDURES: 1. Immediately notify Campus Public Safety or the local fire department of the situation. From Campus phones dial for Public Safety 6666 or 9 then 911 for the Fire Department. Otherwise dial 201.684.6666 for Public Safety or 911 for the Fire Department. Information to be provided to the emergency responding agency shall include: a. Your Name b. A Call back number c. Any disabilities that you may have d. Building e. Location within the building; including Room No. and Floor f. If known, what is on fire and the location of the fire. 2. Close the door to your room but do not lock it; the door can help hold back dangerous heat and smoke. An unlocked door should help to enhance search and rescue efforts. 3. Place a wet towel over your face (nose and mouth) if the smoke is heavy and take short breaths through your nose. 4. Stay low where air is fresher. 5. From within your room, check for smoke around the door cracks. 6. Seal air ducts and any other openings where smoke may enter using wet sheets and wet pieces of clothing or other like materials. 7. Stay close to the windows, holding a wet towel to your face. Do not open the windows except to alert rescue personnel by hanging a white sheet or cloth out the window to signal your location. 10
8. Exit your room or apartment only if you can safely do so.
V. SITUATION: Evacuation for Persons with disabilities. It is recommended that the appropriate College personnel know of any occupant’s with disabilities that limit their mobility, whether temporary or permanent. PROCEDURES: 1. Accompanied by a partner, permanently immobilized persons who must rely on crutches, wheelchairs or walkers for transport should proceed into the stairwell and wait on the landing until additional help can be summoned. (Does not apply to College Park Apartments) 2. Blind but mobile persons should be guided through any rush of traffic and then promptly assisted to the nearest exit. 3. Deaf but mobile persons, who may be unaware of the need to evacuate, should be calmly advised of the situation and guided to the nearest available exit. 4. Temporarily immobilized persons, including people wearing casts and/or using canes or crutches, should be assisted, depending on their maneuverability. 5. They should proceed into the stairwell and wait on the landing until additional help can be summoned. (Does not apply to College Park Apartments) 6. Emergency phones that automatically connect you to Campus Public Safety are located in the designated rescue areas. Inform the Public Safety Officer your location (i.e. Core 3, floor 2). You may also call 9911 and report your location to the dispatcher; do not hang up until the Public Safety Officer or dispatcher tells you to. Emergency responder personnel will arrive to help complete the evacuation.
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FIRE PREPAREDNESS AND PREVENTION INFORMATION I. All Residence Halls, Apartments, including bedrooms are equipped with automatic fire suppression (sprinklers) and detection devices (smoke and/or heat detectors) connected to a fire alarm system that signal all fire alarms to a central station at Campus Public Safety. II. Maintain a minimum of 36� clearance to the EXIT door from the room that you occupy. III. Portable fire extinguishers are also provided in common areas of residence halls and apartments (such as hallways and lounges), and in the kitchen areas of all apartments. Immediately report the use of any fire extinguishers to Campus Public Safety. IV. The College has a full time Fire Marshal (Dennis Harrington) who is also available to assist you with any fire safety questions or concerns that may arise. He can be reached at extension 6252. V. The Mahwah Fire Department responds to all fire alarms on Campus. VI. Monthly inspections of fire extinguishers at all locations are conducted by Facilities Personnel. VII. As prescribed by the State of New Jersey Fire Laws (Fire Code), the battery-powered smoke detectors located in the College Park Apartments are tested quarterly by Facilities Personnel. VIII. An outside contractor, permitted by the NJ Division of Fire Safety, inspects automatic fire suppression and detection systems annually; or on an as needed basis. IX. Any deficiencies found during the inspections and testing of the fire detection, suppression and alarm systems are repaired in accordance with the provisions of the Fire Code. X. The College Fire Marshal in cooperation with Campus Public Safety conducts fire drills during the course of the summer months. These drills are required by the Fire Code. All occupants are required by the New Jersey Fire Laws to exit the building during fire drills. XI. The Fire Code requires that ALL occupants of a building immediately exit the building when the fire alarm sounds. XII. The New Jersey Division of Fire Safety by law conducts annual inspections of all Campus Buildings. The Ramapo College Fire Marshal accompanies the State Fire Inspector during fire inspections. All violations are addressed within the abatement deadlines prescribed by the inspector. Summer Camps are also subject to inspections. XIII. Know exactly where the nearest exit is located. When you move into your room, you should count the number of doors between your room and the nearest exit so that you can find the exit even if your visibility is impaired by smoke and fire. Always be aware of an alternate exit, in the event that your primary exit is blocked. XIV. With your roommate(s), prepare an emergency escape route to use in case of a fire in the building. Know at least two (2) ways out of the building. XV. Have your keys (room and vehicle), ID, any prescription drugs, cell phone and wallet or purse ready to "Grab and Go". XVI. Treat every fire alarm as the real thing. Exit the building immediately! XVII. Learn STOP, DROP, and ROLL. If your clothing should catch fire, don't run. STOP DROP and ROLL. You should stop where you are, drop to the ground, cover your face with your hands, to protect your face and lungs and roll over to smother the flames. 12
Prevent Cooking Fires: “Watch What You Heat” Unattended cooking incidents are the leading cause of fire alarms and fires on college campuses across the country. Unattended cooking is among the leading causes of fire alarms at Ramapo College. For these reasons, a special Fire Prevention for cooking section follows. The following procedures are only applicable to resident students and renters that are allowed by contractual agreement the use of stoves and/or microwave ovens. I. Stand by your pan a. Stay in the kitchen when you are cooking food. b. If you must leave the kitchen for even a short period of time, turn off the stove. c. Check the food regularly and use a timer to remind you that the stove or oven is on. II. Micro-Manage your Microwave a. b. c.
Follow the cooking direction provided on the packaging. Avoid over cooking and possible smoke or fire; double check the cooking time that you set. If the product begins to smoke or catches fire, keep the microwave door closed and unplug or set the circuit breaker to "Off".
III. Keep it clean a. b.
Keep anything that can catch fire—pot holders, oven mitts, wooden utensils, paper or plastic bags, food packaging, towels or curtains—away from your stove top. Clean up food and grease from burners, stovetops and microwave ovens.
IV. For Your Safety Wear short or close fitting sleeves. Loose clothing is more likely to catch fire during cooking. A. In Case of a Stove or Oven Fire 1. From Campus phones dial for Public Safety 6666 or 9 then 911 for the Fire Department. Otherwise dial 201.684.6666 for Public Safety or 911 for the Fire Department. 2. Turn off the heat. Slide a pan lid over flames to smother a grease or oil fire; and then leave the lid in place until the pan cools. It is not recommended that you try to carry the pan outside. 13
3. Extinguish grease fires with baking soda. Never use water or flour on grease fires. 4. Keep the oven door shut and turn off the heat to smother an oven or broiler fire. If you are not placed in danger, turn off the breaker for electrical stoves. 5. A fire extinguisher is provided in every kitchen. Make sure that the fire extinguisher remains in the designated location, on the holder in the kitchen area. 6. Remember PASS when operating the fire extinguisher. 7. Notify Campus Public Safety at x7432 or Facilities at x7660 anytime the extinguisher is used. In case of any emergency, From Campus phones dial for Public Safety 6666 or 9 then 911 for the Fire Department. Otherwise dial 201.684.6666 for Public Safety or 911 for the Fire Department.
Remember: Prevent Cooking Fires: “Watch What You Heat�
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Prohibitions and Prohibited Items Prohibited items may be confiscated and discarded, regardless of the expense of the item. Confiscated items are not returned to renters. The following list is representative of common prohibitions and fines but may not be all inclusive; and therefore subject to updates and changes without prior notification. 1. Smoking anywhere within Ramapo College buildings and vehicles or within twenty-five (25) feet of the entrance to any building. Fire safety is paramount. Ashtrays have been placed around campus for convenience. DO NOT put out or throw cigarettes on the ground. 2. Running wires across walkways and under floor coverings 3. Blocking any of the fire Exits or Exit pathways 4. Moving furniture in Residence Hall to the lobbies/elevator waiting area and to the hallways. The lobbies and hallways must remain clear without furniture, games, luggage, sports equipment and any other items. 5. Blocking exit doors or fire extinguishers 6. Propping or wedging fire rated doors open 7. Use extension cords (use UL approved power strips) 8. Use of cube adaptors to electrical outlets 9. Storage items too close to the ceiling (24” non sprinkler-18” sprinkler) 10. Use of Residence Hall Rooms for other than living and sleeping quarters. Residence Halls and apartments are designated as an R2 Use; for resident sleeping quarters only. They shall not be used for any other purpose, such as a mercantile/store establishment, without first obtaining the proper permit from the Division of Fire Safety. 11. Use of personal barbecues 12. Use of permitted barbecues under building extensions, breezeways and within 50 feet of any structure on campus. 13. Bonfires/Open Burning 14. Fireworks and Sparklers 15. Sterno. Refer to Sterno Fuel Use Policy 16. Strobe lights 17. Appliances with exposed heating elements. 18. Ammunition 19. Additional Refrigerators (aside from the College provided Refrigerator or Micro fridge). 20. Additional Microwaves (aside from the College provided Microwaves, additional microwaves are permitted in CPA ONLY). 21. Halogen lamps and sun lamps – you may have lighting that operates on incandescent light bulbs or fluorescent light bulbs. 22. Incense and incense paraphernalia. 23. Candles or any other open flame devices are not permitted for any reason in any campus residence area whether they are decorations, mementos, souvenirs, etc. 24. Holiday lights, Christmas lights or any type of stringed lighting. 15
Prohibitions and Prohibited Items continued 25. Hot Plates, skillets, electric open element grills (e.g., George Foreman Grills), toasters and toaster ovens, rice cookers, etc. College Park and Village Apartments are permitted to have these items. 26. Immersion Coils. 27. Oil lamps. 28. Light dimmers, ceiling fans, or any other device that replaces, adds to, or interferes with any building fixture. 29. Gasoline powered items such as mopeds, motorcycles or their components. 30. All flammable and combustible liquids including thinners or chemicals, propane tanks, lighter fluids. 31. All live Christmas trees, wreaths, etc. 32. Explosives, gasoline, potpourri burners, incendiary devices of any kind 33. Knives, rifles, handguns, paint ball guns, weapons of any kind even if they are presumed to be solely decorative or collectible. 34. Space heaters (unless provided by Facilities Office in emergency cases) 35. Pets (Service animals are allowed in all of our facilities.) Otherwise, only fish in a maximum 10-gallon tank are allowed. 36. Window air-conditioning units (all residence halls are air-conditioned). 37. Upholstered furniture, unless it is approved by the College and meets CAL133 fire safety guidelines. 38. Swimming pools (inside or outside of residence halls) 39. Waterbeds 40. Hot tubs 41. Aerosol cans in Pine and Linden 42. Two models of the 5-Light Multicolored Floor Lamp (model numbers E230863 and GX6409 are prohibited) 43. Any products that produce mist, fog, or smoke conditions that activate the fire alarm devices (i.e. mist, fog or smoke machines and dry ice products designed to simulate smoke or fog). 44. Propane gas without a permit from the Division of Fire Safety 45. Hanging items from the ceiling and/or the sprinkle pipes and sprinkler heads. 46. Do not run wires across walkways 47. Do not block any of the fire Exits or Exit pathways 48. Stairwells should be used only to leave or enter each floor. They should not be used to hide or play games
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Permits There are certain practices that may be prohibited without the prerequisite of a permit. Requesting a permit shall not be perceived as permission to move forward with the activity for which the permit is being requested. The activity can only proceed upon the issue of the permit. Almost all permits require a fee at the current rate of $42.00 per permit; one permit per activity. A permit is needed for the following: 1. Use of propane 2. To set up a tent that is not one of the College owned tents. The College owned tents are already permitted. 3. To use any of the Residence Hall rooms for any use other than a bedroom; i.e. Mercantile Use to sell refreshments, candy etc. 4. Use of an open flame such as sterno, candles etc. The use of open flames is prohibited in any of the Residence Halls and Apartments. 5. Use of personal barbecues. The stationery barbecues and the barbecues used by dining services are already permitted. Contact the College Fire Marshall at: Dennis Harrington located in Office D107 Office: 201.684.6252 Cell: 551.804.2265 E mail: dharring@ramapo.edu
Fines 1. Covering smoke detectors. The fine for covering smoke detectors is $500 2. Parking in front of fire hydrants or in designated fire lanes. Violators are subject to a $100 fine. 3. Tampering with any of the fire safety devices. The fine is $500 for anyone found guilty of tampering with any of the fire safety devices. 4. Malicious activation of the fire alarm or activating a false alarm is subject to a fine of $500 5. Inadvertently setting off a fire alarm due to unattended Cooking / unattended food in microwave: a. 1st Offense $150.00 b.
c.
2nd Offense $300.00 & May be moved to non-cooking facility
3rd Offense Removal from Housing
6. Conducting permitted activities without the required permit.
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Additional Key Fire Safety Policies and Procedures Key Fire Safety Policies and Procedures not included in this booklet are now accessible online at http://ww2.ramapo.edu/facultystaff/hr/safety/ Then, click on Fire Safety Select the following as needed: Fire Watch Policy (pdf) Fire Alarm Response Protocol Policy (pdf) Tent Policy Regulations (pdf) Candle Request Form (pdf) Sterno Fuel Policy (pdf) Should you need any assistance with these Policies and Procedures or any Fire Safety issues or concerns, please contact: The College Fire Marshall at: Dennis Harrington located in Office D107 Office: 201.684.6252 Cell: 551.804.2265 E mail: dharring@ramapo.edu
ALERT ME KNOW http://ww2.ramapo.edu/facultystaff/hr/guidelines/index2.aspx?id=13438
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NJDHSS, Communicable Disease Service: Measles
Disease Index
http://www.state.nj.us/health/cd/f_lyme.htm
Health & Senior Services
NJ InTouch
What you should know about…… Lyme Disease What is Lyme disease? Lyme disease is a bacterial disease caused by Borrelia burgdorferi (boar-ELL-ee-uh burg-dorf-ERR-eye). The bacterium is transmitted to humans via a tick bite. Within 1 to 2 weeks after being infected, a "bull's-eye" rash can develop at the tick bite site accompanied by fever, headache, and muscle or joint pain. Some people may have Lyme disease and not have any early symptoms. However, others can have a fever and other "flu-like" symptoms without a rash.
Who gets Lyme disease? Anyone who is bitten by a tick carrying the bacteria can get Lyme disease. Proper removal of a biting tick from the skin within 48 hours of being bitten can reduce the risk of disease transmission.
How is Lyme disease spread? The spirochete which causes Lyme disease, Borrelia burgdorferi, is transmitted to humans by the bite of an infected tick, which is a “vector” for the disease. The principal vector of Lyme disease in New Jersey is the deer tick, also called the black-legged tick. Immature ticks become infected by feeding on infected white-footed mice and other small mammals, such as deer and meadow voles. Deer ticks can also transmit the organisms that cause babesiosis and ehrlichiosis. Humans can get infected with more than one tick-borne disease at the same time.
What are the symptoms of Lyme disease? Within days to weeks following a tick bite, 60-80% of persons becoming infected will have a red, slowly expanding “bulls-eye” rash (called erythema migrans), accompanied by general tiredness, fever, headache, stiff neck, muscle aches, and joint pain. If untreated, weeks to months later some people may develop arthritis, including intermittent episodes of swelling and pain in the large joints; neurologic abnormalities, such as aseptic meningitis, facial palsy, motor and sensory nerve inflammation (radiculoneuritis) and inflammation of the brain (encephalitis); and, rarely, cardiac problems, such as atrioventricular block, acute inflammation of the tissues surrounding the heart (myopericarditis) or enlarged heart (cardiomegaly).
How soon do symptoms occur? The red "bull's-eye" rash (erythema migrans) usually appears 7 to 14 days following the tick bite. Some patients present with later manifestations without having had early signs of disease.
How is Lyme disease diagnosed?
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NJDHSS, Communicable Disease Service: Measles
http://www.state.nj.us/health/cd/f_lyme.htm
A two-step process is the recommended method for making a diagnosis of Lyme disease. A Lyme disease diagnosis should be based on clinical findings, supported by a series of laboratory tests. An enzyme-linked immunosorbent assay (ELISA), or an indirect fluorescent antibody (IFA), test is usually performed first. If the result of this test is equivocal (uncertain) or positive, a more specific Western immunoblot (WB) test should be performed to confirm the results obtained with the first test. B. burgdoferi can also be grown in culture from clinical specimens; however, this test is often difficult to perform. Polymerase chain reaction (PCR) tests have been used to amplify the DNA of B. burgdoferi in skin, blood, and cerebrospinal and synovial fluids, but this type of testing has not been standardized for the routine diagnosis of Lyme disease.
What is the treatment for Lyme disease? Antibiotic therapy for 3-4 weeks is generally effective in early Lyme disease. Later disease manifestations may require intravenous antibiotic therapy for 4 or more weeks. Amoxicillin and doxycycline are two common antibiotics recommended for treatment.
How long is an infected person infectious to others? Lyme disease is spread only by the bite of an infected tick. Infected individuals cannot spread the disease to other people.
How can Lyme disease be prevented? You can reduce your risk by taking these precautions to avoid tick bites, or to safely remove a tick if you are bitten: Avoid wooded areas with dense shrubs and leaf litter, where ticks like to hide. Make your yard less attractive to ticks: mow lawns and prune trees. Wear solid, light colored clothing with pants tucked into socks. This will help prevent a tick from attaching to your skin and will also make sighting a tick on clothing easier. Use insect repellents on yourself and your pets. Two types of repellents that are effective for ticks are those containing DEET for use on clothes and exposed skin, and permethrin for use on clothes only. Read label directions carefully. Examine yourself frequently for ticks while in tick-infested areas. Perform a full-body exam on yourself, children, and pets after leaving tick habitat. Remove attached ticks promptly. Use fine-pointed tweezers: Grasp the tick's mouth parts close to the skin. Apply steady outward pressure. Do not use petroleum jelly, noxious chemicals, or hot objects to remove ticks. Improper removal can increase the chances of infection.
More about Lyme disease Fact Sheet for Parents (PDF) Get Wise To Lyme Disease A Guide to Tickborne Diseases for New Jersey Physicians Lyme Disease Rates by County in New Jersey Governor's Lyme Disease Advisory Council Tick-borne Diseases (PDF)
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NJDHSS, Communicable Disease Service: Measles
http://www.state.nj.us/health/cd/f_lyme.htm
Assessment and Management of Vector Tick Populations (PDF) Surveillance Case Definitions Disease Index
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Health & Senior Services
NJ InTouch
5/3/07 5:11 PM
Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/humanresources/policie...
Department of Human Resources: Policies and Procedures Accommodation The College is committed to the letter and spirit of the Americans with Disabilities Act (ADA) which is a federal anti-discrimination statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. Every reasonable effort will be made to accommodate special needs and the College has set aside funds for this purpose. Requests for accommodation due to medical disability should be referred to the Department of Human Resources.
Ramapo College of New Jersey • 505 Ramapo Valley Road • Mahwah, NJ 07430 • 201-684-7500 http://www.ramapo.edu/
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COPYRIGHT All graphics, photographs, and text on the Ramapo College home page and connected pages displaying the Ramapo College logo, unless otherwise stated, are copyrighted by Ramapo College of New Jersey. Redistribution or commercial use is prohibited without express written permission.
Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/affirmativeaction/discriminat...
Interim State of New Jersey Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace 1. Affirmative Action Home 2. Affirmative Action Advisory Council 3. Interim State of New Jersey Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace 4. Interim State of New Jersey Model Procedures For Processing Internal Complaints Alleging Discrimination, Harassment or Hostile Environments in the Workplace 5. Search Process I. POLICY
a. Protected Categories The State of New Jersey is committed to providing every State employee and prospective employee with a work environment free from discrimination or harassment. Under this policy, all forms of employment discrimination/harassment based upon the following protected categories are prohibited and will not be tolerated; race, creed, religion, color, national origin/nationality, ancestry, age, sex/gender (including pregnancy), marital status, familial status, affectional or sexual orientation, gender identity or expression, domestic partnership status, atypical hereditary cellular or blood trait, genetic information, disability, (including perceived disability, physical, mental, and/or intellectual disabilities), or liability for service in the Armed Forces of the United States. b. Applicability Discrimination/harassment undermines the integrity of the employment relationship, compromises equal employment
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Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/affirmativeaction/discriminat...
opportunities, debilitates morale and interferes with work productivity. Thus, this policy applies to all employees and applicants for employment in State colleges/universities, departments, commissions and agencies (“State entities”). The State of New Jersey will not tolerate harassment or discrimination by anyone in the workplace including supervisors, co-workers, or vendors and/or contractors. This policy also applies to both conduct thatoccurs in the workplace, and conduct that occurs at any location which can be reasonably regarded as an extension of the workplace (i.e., any field location, any off-site business-related social function, or any facility where State business is being conducted and discussed). It is a violation of this policy to engage in any employment practice or procedure that treats an individual less favorably based upon any of the above protected categories.This policy pertains to all employment practices including, but not limited torecruitment, selection, hiring, training, promotion, transfer, assignment, layoff, return from layoff, termination,demotion, discipline, job assignment, compensation, fringe benefits, working conditions, and career development. [ return to top ] II. PROHIBITED CONDUCT a. Defined It is a violation of this policy to engage in conduct relating to any of the protected categories outlined in paragraph (I)(a) which has the effect of harassing an individual or creating a hostile work environment. Harassment or the creation of a hostile work environment can occur even if there was no intent on the part of an individual to harass or demean another. Examples of Behaviors That Constitute A Violation Of This Policy Include, But Are Not Limited To:
Treating an individual differently because of the individual’s race, color, national origin or other protected category, or because an individual has the physical, cultural or linguistic characteristics of a certain racial, religious orother protected category.
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Ramapo College of New Jersey || Faculty/Staff
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Treating an individual differently because of marriageor partnership status to, or association with, persons of a certain racial, religious, or other protected category; or due to the individual’s membership in, or association with, an organization identified with the interests of a certain racial, religious or other protected category; or because an individual's name or spouse's /partner’s name is associated with a certain racial, religious or other protected category. Calling an individual by an unwanted nickname that refers to one or more of the above protected categories, or telling jokes pertaining to one or more of the above protected categories. Using derogatory references with regard to any of the above protected categories. Engaging in threatening, intimidating, or hostile acts towards another individual in the workplace because that individual belongs to, or is associated with any of the above protected categories. Displaying or distributing material (including electronic communications) in the workplace that contains derogatory or demeaning language or images pertaining to any of the above protected categories. b. Third Party-Harassment Third-partyharassment is unwelcome behavior involving any of the protected categories outlined in paragraph (I)(a) that is not directed at an individual but exists in the workplace and interferes with an individual’s ability to do the job. Third-party harassment based upon any of the protected categories is prohibited by this policy. c. Sexual Harassment It is also a violation of this policy to engage in sexual harassment of any kind (including hostile work environment harassment, quid pro quo harassment or same-sex harassment). For the purposes of this policy, sexual harassment, with or without sexual conduct, is defined, as in the Equal Employment Opportunity Commission Guidelines to include: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example:
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Ramapo College of New Jersey || Faculty/Staff
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Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. Suggesting or implying that failure to accept a request for a date or sex would result in an adverse employment consequence with respect to any employment practice such as performance evaluations or promotional opportunity. Generalized gender-based remarks and comments. Unwanted physical contact such as intentional touching, grabbing, pinching, brushing against another's body, or impeding or blocking movement. Verbal, written or electronic sexually suggestive or obscene comments, jokes or propositions including letters, notes, e-mails, text messages, invitations, gestures or inappropriate comments about a person’s clothing. Visual contact, such as leering or staring at another's body, gesturing, displaying sexually suggestive objects, cartoons, posters, magazines or pictures of scantily-clad individuals. Explicit or implicit suggestions of sex by a supervisor or manager in return for a favorable employment action such as hiring, compensation, promotion, or retention. Continuing to engage in certain behaviors of a sexual nature after an objection has been raised by the target of such inappropriate behavior. The display of pornographic material on a bulletin board, on a locker room wall, or on a screen saver. [ return to top ] III. EMPLOYEE RESPONSIBILITIES Any employee who believes that she or he has been subjected to any form of prohibited discrimination/harassment, or who witnesses others being subjected to such discrimination/harassment, is encouraged to promptly report the incident(s) to either a supervisor or manager, or directly to their State employer’s Equal Employment Opportunity/ Affirmative Action Officer, or to any other persons designated by their State employer to receive workplace discrimination complaints.
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Ramapo College of New Jersey || Faculty/Staff
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All employees are expected to cooperate with investigations undertaken pursuant to this policy. Failure to cooperate in an investigation may result in administrative and/or disciplinary action, up to and including termination of employment. IV. SUPERVISOR RESPONSIBILITIES Supervisors must make every effort to maintain a work environment that is free from any form of discrimination/harassment. Supervisors must immediately refer any and all allegations of discrimination/harassment to their State employer’s Equal Employment Opportunity/Affirmative Action Officer, or any other individual designated by the employer to receive complaints of workplace discrimination/harassment. A supervisor’s failure to comply with these requirements may result in administrative and/or disciplinary action, up to and including termination of employment. A supervisor is defined broadly to include any individual who has authority to control the work environment of any other staff members (e.g., a project leader). V. DISSEMINATION Each State entity shall distribute this Policy, or a summarized notice of it, to all state employees (including part-time, seasonal, and contract employees) annually. It must also be posted in conspicuous locations throughout each State entity (i.e., bulletin boards, or the agency’s intranet site). VI. COMPLAINT PROCESS Each State entity shall follow the State of New Jersey Model Procedures for Processing Internal Complaints Alleging Discrimination, Harassment or Hostile Environments in the Workplace with regard to reporting, investigating, and where appropriate, remediating claims of discrimination/harassment. Each State entity is responsible for designating an individual or individuals to receive complaints of discrimination/harassment (including sexual harassment), investigating such complaints, and recommending appropriate remediation of such complaints. In addition to the Equal Employment Opportunity/Affirmative Action Officer, 5 of 8
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Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/affirmativeaction/discriminat...
each State entity must designate an alternate person to receive claims of discrimination/harassment. All investigations of discrimination/harassment claims shall be conducted in a way that respects, to the extent possible, the privacy of all persons involved. The investigations shall be conducted in a prompt, thorough and impartial manner. The results of the investigation shall be forwarded to the respective appointing authority head to make a final decision as to whether a violation of the policy has been substantiated. Prompt remedial action will be taken when appropriate. The remedial action taken may include counseling, training, intervention, mediation, and/or the initiation of disciplinary action, up to and including termination of employment. Each State entityshall maintain a written record of the discrimination/harassment complaints received. Written records shall be maintained as confidential records to the extent practicable and appropriate. [ return to top ] VII. PROHIBITION AGAINST RETALIATION This policy prohibits retaliation against any person who either: (1) alleges that she or he was the victim of discrimination/harassment; or (2) who provides information during the course of an investigation into a claim of discrimination/harassment. No person bringing a complaint, providing information for an investigation, or testifying in any proceeding under this policy, shall be subjected to adverse employment consequences based solely upon such involvement. Appropriate administrative and/or disciplinary action, up to and including termination of employment, will be taken against any individuals who are found to have retaliated against a complainant, witness, or participant involved in an investigation. Examples of Behaviors That Constitute Retaliation In Violation Of This Policy Include, But Are Not Limited To:
Terminating someone for filing a complaint of discrimination, participating in an investigation, or objecting to an unlawful activity prohibited by this
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Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/affirmativeaction/discriminat...
policy. Failing to promote someone because they filed a complaint, or participated in an investigation. Suddenly altering a work assignment for reasons other than legitimate business reasons. Unwarranted disciplinary action, or the threat thereof. Ostracizing an individual for filing a complaint or participating in an investigation. VIII. FALSE ACCUSATIONS AND INFORMATION An employee who knowingly makes a false accusation of prohibited discrimination/harassment, or whoknowingly provides false information in the course of an investigation of a complaint, may be subjected to administrative and/or disciplinary action, up to and including termination of employment. Complaints made in good faith, however, even if found to be unsubstantiated, will not be considered a false accusation. IX. CONFIDENTIALITY All complaints and investigations shall be handled, to the extent possible, in a manner that will protect the privacy interests of those involved. To the extent practical and appropriate, confidentiality shall be maintained throughout the investigatory process. In the course of an investigation, it may be necessary to discuss the claims with the person against whom the complaint was filed and other persons who may have relevant knowledge or those who have a legitimate need to know about the matter. All persons interviewed, including witnesses, shall be directed not to discuss any aspect of the investigation with others in light of the important privacy interests of all concerned. Failure to comply with this confidentiality directive may result in administrative and/or disciplinary action, up to and including termination of employment. X. ADMINISTRATIVE AND/OR DISCIPLINARY ACTION Any employee found to have violated any portion(s) of this policy may be subjected to appropriate administrative and/or disciplinary action which may include, but is not limited to: referral for training, referral for counseling, written or verbal reprimand, suspension, reassignment, demotion or termination of employment.
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Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/affirmativeaction/discriminat...
XI. TRAINING All State entities shall provide all new employees with training on the within policies and procedures within a reasonable period of time after the date of hire. Refresher policy training shall be provided to all employees, including supervisors and managers, within a reasonable period of time. All State entities shall provide supervisors and managers with training on their obligations and duties under the within policies and procedures on a regular basis. Issued: December 16, 1999 Revised: June 3, 2005 See N.J.A.C. 4A:7-3.1 [ return to top ]
Ramapo College of New Jersey • 505 Ramapo Valley Road • Mahwah, NJ 07430 • 201-684-7500 http://www.ramapo.edu/
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Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/humanresources/policie...
Department of Human Resources: Policies and Procedures Accommodation The College is committed to the letter and spirit of the Americans with Disabilities Act (ADA) which is a federal anti-discrimination statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. Every reasonable effort will be made to accommodate special needs and the College has set aside funds for this purpose. Requests for accommodation due to medical disability should be referred to the Department of Human Resources.
Ramapo College of New Jersey • 505 Ramapo Valley Road • Mahwah, NJ 07430 • 201-684-7500 http://www.ramapo.edu/
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Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/humanresources/policie...
Department of Human Resources: Policies and Procedures
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Ramapo College of New Jersey || Faculty/Staff
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Drug-Free Workplace Ramapo College is committed to maintaining a drug-free workplace in compliance with applicable laws. The unlawful possession, use, distribution, dispensation, sale or manufacture of controlled substances is prohibited on College premises. Responsible Unit: Administration and Finance Date Adopted: June 14, 1989 Drug-Free Workplace Procedures Ramapo College is committed to maintaining a drug-free workplace in compliance with applicable laws. The unlawful possession, use, distribution, dispensation, sale or manufacture of controlled substances is prohibited on College premises. Violation of this policy may result in the imposition of employment discipline as defined for specific employee categories by existing College policies, statutes, rules, regulations, employment contracts and labor agreements. At the discretion of the College, any employee convicted of a drug offense involving the workplace shall be subject to employee discipline and/or required to satisfactorily complete a drug rehabilitation program as a condition of continued employment. The illegal use of controlled substances can seriously injure the health of employees; adversely impair the performance of their responsibilities; and endanger the safety and well-being of fellow employees, students and members of the general public. Therefore, the College urges employees engaged in the illegal use of controlled substances to seek professional advice and treatment. Anyone who is employed at Ramapo who has a drug problem is invited to contact the Department of Human Resources for information about available assistance. Faculty and staff can also contact the Employee Consulting Associates at 973-761-5303. As a condition of employment, an employee of Ramapo College will notify his/her supervisor if he or she is convicted of a criminal drug offense involving the workplace within five days of the conviction. In the event any such conviction involves an employee working on a federal contract or grant, the
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Ramapo College of New Jersey || Faculty/Staff
http://www.ramapo.edu/facultystaff/humanresources/policie...
College will notify the granting or contracting federal agency within ten days of receiving notice of a conviction. A statement to this effect shall be given to all employees. This statement and its requirements are promulgated in accordance with the requirements of the Drug-Free Workplace Act of 1988 enacted by the United States Congress. The College will continue its efforts to maintain a drug-free environment by adhering to the above policy and providing on-going drug awareness programs. Responsible Unit: Administration and Finance Date Adopted: June 14, 1989 Date Updated: March 23, 2005 [ return to top ] Ramapo College of New Jersey • 505 Ramapo Valley Road • Mahwah, NJ 07430 • 201-684-7500 http://www.ramapo.edu/
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BOARD OF TRUSTEES RAMAPO COLLEGE OF NEW JERSEY DRUG-FREE WORKPLACE
425 ADMINISTRATION AND FINANCE
DRUG-FREE WORKPLACE
Ramapo College is committed to maintaining a drug-free w orkplace in compliance w ith applic able law s. The unlaw ful possession, use, distribution, dispensation, sale or manufacture of controlled substances is prohibited on College premises .
Responsible Unit: Date Adopted:
Administration and Finance June 14, 1989
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BOARD OF TRUSTEES RAMAPO COLLEGE OF NEW JERSEY DRUG-FREE WORKPLACE
425 ADMINISTRATION AND FINANCE
DRUG-FREE WORKPLACE PROCEDURES
Ramapo College is committed to maintaining a drug-free w orkplace in compliance w ith applic able law s. The unlaw ful possession, use, distribution, dispensation, sale or manufacture of controlled substances is prohibited on College premises. Violation of this policy may result in the imposition of employment discipline as defined for specif ic employee categories by exis ting College policies, statutes, rules, regulations, employment contracts and labor agreements. At the discretion of the College, any employee convicted of a drug offense involving the w orkplace shall be subject to employee discipline and/or required to satisfactorily complete a drug rehabilitation program as a condition of continued employment. The illegal use of controlled substances can seriously injure the health of employees; adversely impair the performance of their responsibilities; and endanger the safety and w ell-being of fellow employees, students and members of the general public. Therefore, the College urges employees engaged in the illegal use of controlled substances to seek professional advice and treatment. Anyone w ho is employed at Ramapo w ho has a drug problem is invited to contact the Department of Human Resources for information about available assistance. Faculty and staff can contact the College’s employee assistance program and for more information the w eb address below : http://guide.ramapo.edu/hr/EAP/index.html. As a condition of employment, an employee of Ramapo College w ill notify his/her supervisor if he or she is convicted of a criminal drug offense involving the w orkplace w ithin five days of the conviction. In the event any such conviction involv es an employee w orking on a federal contract or grant, the College w ill notify the granting or contracting federal agency w ithin ten days of receiving notice of a conviction. A statement to this effect shall be given to all employees. This statement and its requirements are promulgated in accordance w ith the requirements of the Drug-Free Workplace Act of 1988 enacted by the United States Congress. The College w ill continue its efforts to maintain a drug-free environment by adhering to the above policy and providing on-going drug aw areness programs.
Responsible Unit: Date Adopted:
Administration and Finance June 14, 1989
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BOARD OF TRUSTEES RAMAPO COLLEGE OF NEW JERSEY DRUG-FREE WORKPLACE Date Updated:
425 ADMINISTRATION AND FINANCE
March 23, 2005
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INSURANCE AND INDEMNITY: 1. The Contracting party shall secure and maintain in force for the term of the contract, insurance coverage provided herein. All insurance coverage is subject to the approval of the College and shall be issued by an insurance company authorized to do business in the State of New Jersey and which maintains an A.M. Best rating of A(VII) or better. The contracting party shall provide the College with current Certificates of Insurance for all coverage and renewals thereof which must contain the provision that the insurance provided in the certificate shall not be canceled for any reason except after thirty (30) days written notice to the College. All insurance required herein shall contain a waiver of subrogation in favor of the College. All insurance required herein, except Workers' Compensation, shall name Ramapo College, the State of New Jersey and the New Jersey Educational Facilities Authority, as additional insureds. 2. Commercial General Liability insurance written on an occurrence form including independent contractor liability, products/completed operations liability, contractual liability, covering but not limited to the liability assumed under the indemnification provisions of this contract. Coverage for bodily injury and property damage claims arising out of the professional acts of the contractor and subcontractors shall also be included should the events or activities require the attendance of a practitioner of the medical arts. The policy shall not include any endorsement that restricts or reduces coverage as provided by the ISO CG0001 form without the approval of the College. The minimum limits of liability shall not be less than a combined single limit of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, two million dollars ($2,000,000) product/completed operations aggregate. A “per location endorsement” shall be included, so that the general aggregate limit applies separately to the location that is the subject of this contract. 3. Comprehensive Automobile Liability covering owned, non-owned, and hired vehicles. The limits of liability shall not be less than a combined single limit of one million dollars ($1,000,000) per occurrence. 4. Worker's Compensation Insurance applicable to the laws of the State of New Jersey and other State or Federal jurisdiction required to protect the employees of the contracting party and any subcontractor who will be engaged in the performance of this contract. The certificate must so indicate that no proprietor, partner, executive officer or member is excluded. This insurance shall include Employers' Liability Protection with a limit of liability not less than one million dollars ($1,000,000) bodily injury, each occurrence, one million dollars ($1,000,000) disease, each employer, and one million dollars ($1,000,000) disease, aggregate limit. Lower primary limits will be accepted if employer’s liability insurance is included under umbrella insurance and the umbrella limit exceeds the above employer’s liability limit requirements. 5. The contracting party shall require all subcontractors, agents and franchisee to comply with all of the insurance requirements described above. The contracting party shall be responsible for obtaining certificates of insurance for all coverage and renewals thereof for each subcontractor, agent and franchisee prior to their beginning work at College. The contracting party shall provide copies of all subcontractor, agents and franchisee certificates of insurance to the College upon request. 6. Indemnification and Hold Harmless The contracting party shall assume all risk of and responsibility for, and agrees to defend, indemnify and hold harmless the College, the State of New Jersey and the New Jersey Educational Facilities Authority, including their trustees, officers, employees, volunteers and agent from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses (including reasonable attorney’s fees) in connection therewith on account of the loss of life, property, or injury or damage to the person, body or property, of any person or persons whatsoever, which shall arise from or result directly or indirectly from the use of the premises under this contract. This indemnification obligation is not limited by, but is in addition to the insurance obligations contained in this agreement. 7. Safety and Security The contracting party is responsible for providing for the safety and security for all spectators, participants and employees at all times while using the College’s facilities. It is the contracting party’s sole obligation to inspect the facilities prior to each use. To identify any unsafe conditions and take appropriate action to repair, warn and give notice. If the unsafe condition is the College’s responsibility, the contracting party must give notice to the College but continue to take action to warn and /or safeguard all spectators, participants and employees of the unsafe condition until the College makes the necessary repairs.
CABINET RAMAPO COLLEGE OF NEW JERSEY
605 ADMINISTRATION AND FINANCE
SMOKING POLICY
Smoking is prohibited in all academic, office and physical plant buildings, college owned vehicles, and in all residence halls on campus. Further, smokers must be at least 25 feet from the entrance to any campus building when smoking.
Responsible Unit: Date Adopted: Date Revised:
Administration and Finance September 12, 1990 June 7, 1995 October 24, 2001 December 3, 2001 February 22, 2006
PRESIDENT’S CABINET
ENVIRONMENTAL HEALTH AND SAFETY
RAMAPO COLLEGE OF NEW JERSEY
STERNO FUEL USE POLICY
I. Definition: Users in the context of this policy are defined as persons who use Sterno on campus.
II. Purpose Ramapo College is committed to making every possible effort to provide all members of the campus community with a safe environment. Accordingly, the following Sterno Fuel Use Guidelines were prepared by the Campus Fire Marshal to assist members of our Ramapo College Community in maintaining an environment that will help to: A. Minimize the possibility of a fire occurring due to the use of Sterno Fuel or like products on our Campus. B. Create a consistent standard procedure when Sterno is used. C. Provide a copy of the Sterno Fuel Handling Safety Tips to Sterno users. A reproducible copy of the Sterno Fuel Handling Safety Tips is located on page 3 of 4 of this policy. D. Inform our Ramapo College Community about the College's regulations in connection with the use of Sterno. This policy was developed with references to the Sterno Manufacturer's guidelines for their Sterno Fuel products and the New Jersey Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq. approved November 12, 1983.
III. Scope This policy should be distributed to approved food vendors and members of the campus community.
IV. Policy A. The Sterno Fuel Handling Tips should be followed at all events that utilize Sterno. See Page 3 of 4 for a copy of the Sterno Fuel Handling Tips. B. Decorative materials on the tables with sterno should be flame resistant. C. Flammable items such as napkins, paper and plastic cups and plastic table wares and similar products should be separated a minimum of three feet from Sterno. D. A Sterno Fuel Use Registration Form must be completed by anyone who requests to use Sterno with a non-approved vendor. A reproducible copy of the Fuel Use Registration Form is located on page 4 of this policy. E. All food preparation staff that are employees of the following approved food vendors and who may operate Sterno on the campus of our College shall provide to the College upon request written certification that their respective employees are trained in the proper use of Sterno and fire extinguishers. The attached Sterno Fuel Handling Tips are available on page 4 of 5 to be used as a training guide, at the sole discretion of those vendors.
PRESIDENT’S CABINET
ENVIRONMENTAL HEALTH AND SAFETY
RAMAPO COLLEGE OF NEW JERSEY
STERNO FUEL USE POLICY
1. 2. 3. 4. 5.
Ramapo Dining Services Chicken and Rib Crib ChopStix NY Pizza Mac West Indian Restaurant 6. Fil-City
7. Jun Lung 8. La Fe 9. Veggie Heaven 10. Market Basket 11. Bagel Train
Note: It shall not be necessary to seek Cabinet approval to revise this policy to reflect changes in the above approved vendors provided that the all changes in vendors are properly approved prior to inclusion in this policy.
F. The Director of Student Activities/Greek Affairs will distribute a cover letter and copy of the Sterno policy to any restaurant that they certify after August 18, 2005. G. Users who do not utilize approved food vendors for Sterno in any building shall obtain a copy of the Sterno Policy, complete the Sterno Registration Form and submit the form to the College Fire Marshal for review. The College Fire Marshal will return reviewed forms to the users. Then, the users will submit the forms to the Office of Events and Conferences along with their requests for reservations. H. The Fire Marshal will consult with the users, the Office of Events and Conferences and any other appropriate department(s) or individual(s) regarding all Sterno Fuel Use Registration forms that may require further review and actions to ensure fire safety. I. Users may obtain Sterno Fuel Use Registration forms from the College Fire Marshal for all events that are not required to be booked through the Office of Events and Conferences. This includes but is not limited to birthday and holiday parties and other like events that are held in individual units. J. In the event that any fire ensues, pull the fire alarm, exit the building, then call 9-911 immediately, and report the fire. It is the preference of the Mahwah Fire Chief that the Fire Department be dispatched, even if the fire is extinguished before they arrive. Campus Security shall also be notified at 6666. This policy does not override in whole or in part any policies that are currently applicable to Residence Life and Housing. Dennis Harrington, College Fire Marshal is available to assist you with this policy and all other fire safety matters. He can be reached at extension 6252 or by email at dharring@ramapo.edu
Approved by: Responsible Unit: Date Adopted:
President’s Cabinet Administration and Finance 10/12/05
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PRESIDENT’S CABINET
ENVIRONMENTAL HEALTH AND SAFETY
RAMAPO COLLEGE OF NEW JERSEY
STERNO FUEL USE POLICY
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Ramapo College Sterno Fuel Use Registration Form
Department of Environmental Health & Safety Office of the Fire Marshal Room D107 Ext. 6252
This form shall be completed for all events on campus involving the use of any Sterno or like devices that are not booked through the approved vendors listed in Section E of the Sterno Fuel Use Policy. Users should not purchase or pre-contract for foods that require Sterno use until they are informed that their Sterno Fuel Use Registration Form has been reviewed. Return completed forms to the College Fire Marshal at the above location. The Fire Marshal will communicate the status of this request to the phone number indicated in the space below. Refer to the Sterno Fuel Use Policy for further details.
Please print clearly and legibly to avoid delays in processing To be completed by the user.
First Name Last Name Organization/Event Location of Event
Date of Event
Telephone No.
Start Time of Event
End Time of Event
1. Describe the type of event and use of sterno at the event:
2. Indicate approximately how many sternos will be used.
Please indicate the location of the nearest fire extinguisher where your event will be held.
I have read and understand the Sterno Fuel Use Policy and the Sterno Fuel Handling Safety Tips included in the policy and will comply with the policy. Special care will be taken to ensure that the use of Sternos will be supervised and that College community and property will be protected from harm and damage.
Date Signed
Date Signed
If Applicable
Date Reviewed OFM122104001 Rev. 072105001
Page 4 of 4
Rev. 082205 Rev. 100705
TECHNICAL INFORMATION SHARP THEATER – RAMAPO COLLEGE OF NJ QUESTIONS CAN BE REFERRED TO: JASON HUGHES at (201) 684-7283 e mail: jhughes@ramapo.edu or LUC STAMPLEMAN at (201 684-7286: lstample@ramapo.edu
Stage Specifications (Sharp Theatre) Measurements: 37’ - 4” 26’ - 0” 35’ - 6” 6’ - 2” 28’ - 0” 60’ - 0” 30’ - 6” 29’ - 0” 29’ - 6” 10’ - 0” 46’ - 6”
Proscenium Opening Width. Proscenium Height. Plaster Line to Back Wall at Center Line. Plaster Line to Lip of Apron at Center Line. Stage Floor to Midrail. (Height Clearance) Stage Floor to Grid. Stage Floor Plaster Line to Upstage Midrail Gallery. Center Line to Stage Right Midrail Gallery. Center Line to Stage Left Midrail Gallery. Stage Floor Plaster Line to First Row in the Orchestra. Stage Floor Plaster Line to Last Row in the Orchestra.
Stage Floor: -The stage is a sprung floor with a masonite surface cover. Black marly is available upon advance request. Marly covers from plaster line (back of proscenium wall) to black scrim line. The rep set up is 5 wings with a cyc and black scrim upstage. You may have a lit cyc or black behind your performance. An additional full stage black velour curtain is available 20’ from plaster line. Backstage cross-over can be behind cyc if necessary. Additional cross-over is directly accessible through backstage doors. LIGHTING AND SOUND A standard house lighting plot is to be used. Plot provides full front, side, down, and backlight coverage. Several color and/or template washes are built in. Additionally there are multiple downlight, backlight, and front specials that can be focused to your needs. Please discuss these needs in advance if possible or upon arrival. Up to 3 booms stage left and right are available upon advance request. Each boom has 2 lights, a head and a shin. Color changes may be made in the booms.
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TECHNICAL INFORMATION SHARP THEATER – RAMAPO COLLEGE OF NJ Two follow spots available with advance notice. You must make advance arrangements with Assistant Technical Director (Luc Stampleman) to provide sufficient crew. We will not be able to recolor or refocus any lights other than those indicated in the rep plot. If you have something very specific that you need please let us know and we will try to accommodate you. We have a stock of templates (gobos). Please ask in advance if you would like to use something from our supply. If you require anything specific please arrange to purchase it ahead of time. We will not accommodate requests for templates we do not own. Please let us know what media your sound will be on. We have a cassette tape player, a CD player, and a minidisk player. Source material will be used as provided. We do not have the facilities for recording audio or video. Should you choose to have an outside party record your performance, we can provide a low-line level feed from our sound board. We can provide a variety of microphones, including wire-less. Please let us know your needs ahead of time to insure we can accommodate your request. We can provide up to 4 stage monitors on 2 mixes. SCENERY AND COSTUMES Only very minimal scenery can be accommodated because of the number of different performances. Please let us know your needs. Do not assume that you will be able to use your normal scenery. At the discretion of the technical supervisor, the scene shop and/or costume shop may be made available for minimal repairs of scenery and/or costumes. Dressing rooms hold 25 performers. Room is L shaped and may be split into 2 smaller spaces each with its own bathroom. Larger side holds 17, smaller holds 8. The two bathrooms include showers. Up to 5 costume racks available upon request. If a private, lit backstage dressing area is required, please discuss with technical supervisor in advance.
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TECHNICAL INFORMATION SHARP THEATER – RAMAPO COLLEGE OF NJ CREW Berrie Center technical supervisor will determine your crew needs based on the complexity of the performance. A minimum of 3 crew members (plus the supervisor) will be standard for all rentals. Use of fly system, follow spots, or moving scenery and props may necessitate a larger crew. Light board, soundboard, follow spot(s), and rigging system will be operated by Berrie Center staff only. Proper use of equipment for safety of persons and equipment will be at the sole discretion of Berrie Center staff. During load-ins and rehearsal periods the crew will receive a paid 10 minute break every 2 hours. An unpaid one hour meal break will be given after 4 hours. Please arrange your schedules accordingly. Adjustments to this break schedule may be negotiated with technical supervisor if necessary. Crew will arrive to clean and prepare the stage no less than 2 hours before performance. Stage must be clear or house curtain down ½ hour before performance to allow ample time for house management to seat the audience. NO FOOD IS ALLOWED ON STAGE OR IN THE AUDIENCE AT ANY TIME. BOTTLED WATER IS ALLOWED ON STAGE AT ANY TIME AND IN THE AUDIENCE DURING REHEARSALS ONLY. GENERAL All spaces must be left in reasonable condition. Remove all company belongings from dressing rooms and backstage, including costumes, scenery, props, sheet music, water bottles, etc. (even if you do not want them any longer). Failure to do so will result in the forfeiture of a portion or all of your damage deposit. Members of your company must stay in assigned spaces. Please do not wander into academic and administrative areas. Minors must have adequate supervision. Discuss supervision needs with Events and Conferences.
WE WANT TO MAKE THIS AS ENJOYABLE AND EFFICIENT AS POSSIBLE. THE MORE INFORMATION WE HAVE, THE BETTER WE CAN ACCOMMODATE YOUR NEEDS. PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS OR CONCERNS.
3
TRUSTEES PAVILION ROOM USAGE POLICY 2007 In order to better serve those who schedule events in the Trustees Pavilion, the following room use guidelines have been established. It is important that anyone hosting an event in the Pavilion pays particular attention to this information. Character serious If anyone has any questions about this policy, please contact Gene Ritchie, Director of the Trustees Pavilion and the Associate Director of Facilities at 201-684-7664 (voice mail), or via e-mail: gritchie@ramapo.edu. •
On the light blue or beige panels in the middle third of the rooms' walls, "push pins," thumbtacks, or staples are permitted to temporarily mount postings. All postings and fasteners must be removed at the end of the event. Please do not write on the panels or mount newsprint or any other paper and then, using a marker, write on the panels. Marker ink will bleed through and mar the finish on the panels. It is not permitted to attach anything to the top third (gray speckled painted area) and bottom third (light blue corded patterned fabric). They are special finishes, and not designed for such attachments. (The Office of Events and Conferences can make arrangements to have flipcharts (with paper) made available for such needs.
•
No tape, staples, pushpins or any other means of attaching handbills is permitted on the walls inside the meeting rooms and absolutely nothing is permitted to be mounted on the fabric-covered partitions.
•
Nothing is permitted to be mounted on the ceiling, light fixtures, walls, doors, fire alarm pull lecterns, projection screens or any of the 'multi-media' equipment.
•
Only those decorations that can be held in place by a weight (usually sand covered with gift wrap) or another weighted means that causes no permanent damage will be permitted on the tabletops.
•
While food and drink are permitted in the rooms and lobby, it is expected that care will be taken to minimize spills. In the event of an accidental spill, it is expected that Housekeeping Services (ext. 7289) will be notified immediately so that the problem can be taken care of while still fresh so as to prevent permanent damage.
•
Clean-up after an event will be the sole responsibility of the group sponsoring the event(s). A meeting held between the Office of Events and Conferences, Housekeeping Services and the group sponsoring the event is expected to occur well enough in advance of the actual date, so that all logistics, needs, etc., can be discussed and addressed and otherwise planned for with all required Housekeeping support service staff scheduled and in place. Final decisions regarding Housekeeping support services will rest solely with that department.
•
Lecterns may only be moved by Housekeeping Services. Once set in place, as per the specification outlined into the "set up" sheets they may not be moved, unless request to do so is received in advance, so that Housekeeping Services may respond accordingly.
•
Staging is assembled and dissembled by Housekeeping Services. No one other than Housekeeping employees is permitted to operate the staging.
•
Partitions are motorized and may not be moved by anyone other than Ramapo College Housekeepers. Personal injury or damage to the partitions could result from someone attempting to move them who have not been trained in those procedures.
•
Fire exit doors located in rooms 1 and 3 must not be propped open for any reason. These are emergency exits and are not to used for access. The only authorized access is via the main entrance doors or side door immediately off the main dining room lobby.
•
Extreme care must be taken for anything transported though the room door, so that the woodwork is not damaged.
•
No candles are permitted anywhere within the confines of the Trustees Pavilion. Barbecues may only be used in full accordance with the College's policy on barbecue use. No propane powered grills are permitted, inside or outside the Pavilion.
•
Exit signs must remain on at all times. The New Jersey Fire Code prohibits turning off any such life/safety device. Emergency exits may not be blocked under any circumstance. Free and easy access to those exits must be maintained at all times.
•
Maximum occupancies: Entire room: 240 - individual rooms: room #1 – 90, room #2 – 49, room #3 – 90
•
Smoking is prohibited anywhere inside the Pavilion and within 25 feet of its entrance.
•
Automatic doors may not be propped open. If automatic doors need to be left in the wide open mode in order to facilitate an event – please contact the Security Office for those services. In most cases, this is only necessary when moving items in or out of the Pavilion.
•
No tape or staples or any other means of attaching handbills is permitted on the lobby walls. Housekeeping has two message boards which can be used for general information purposes. Please contact Gene Ritchie in advance of your event. A full listing of Pavilion furnishings is also available by contacting him.
•
No furnishings are to be taken outside the Pavilion.
•
An ABC fire extinguisher must be in the room and readily available in the event food is being heated with sterno on chaffing dishes.
•
Access to storage is restricted to authorized personnel (i.e., "Housekeeping") and access is absolutely denied to others. Unauthorized access to storage for the purpose of obtaining additional tables, chairs, etc., will not be permitted. Contact the Security Office to unlock those doors.
•
Anyone needing "AV" or "media type" equipment (overhead projectors, public address systems, PowerPoint, music, etc.) must make those arrangements with the Media Center, in accordance with their policies and procedures. Access to that equipment is prohibited to anyone other than the members of the Media Center staff. Therefore, please contact Media Center for any and all such needs.
•
Room(s) will be inspected at the end of each event and if problems are discovered, the group sponsoring the event(s) will be back-charged accordingly for any damages and/or extra clean-up required. Groups found to be repeat offenders will lose future privileges to use the Pavilion.
•
No extension cords are permitted, and all users must comply with the Facilities "electric use policy."
•
If a group's sponsor wishes to use any special effect theatrical-type equipment (strobe lights, smoke or fog making machines, etc.) – these needs must be presented at the planning meeting (cited above) and the final decision for permission to use any special equipment will rest solely with the Director of Health and Safety, the Director of Facilities of his/her designee and selected senior administrators.
•
Facilities reserve the right to modify or alter these policies at any time.
•
The baby grand piano (on loan to the College) is only to be used when scheduled through the Office of Events and Conferences. No food beverages are to be placed directly on the ebony finish or on the cover. The cover is to remain in place whenever piano is not being used. The piano is not to be moved without the prior knowledge and permission of the Office of Events and Conferences and may not be place on top of any staging.
State
ofNew Jersey
COMMISSION ETHICS STATE Jon S. Corzine Governor
PO Box 082 Trenton , NJ 08625-0082 www. n;.g.ov/lps/ethics
Paula A. Franzese, Esq. Chair
Rita L. Strensky, Esq. Executive Director Tel: (609) 292足 1892 /355 in NJ (888) 223足 Fax: (609) 633足 9252
state. nj. Email: ethics@ethics.
UNIFORM ETHICS CODE FOREWORD Pursuant to NJS.A. 52: 13D- , the StateEthics Commission has adopted this Unifonn Ethics Code to govern and guide the conduct of State officers and employees and special State officers and employees in State agencies in the Executive branch of State Governent.
The Unifonn Ethics Code shall be the primary code of ethics for State agencies. It shall be supplemented by an agency code of ethics fonnulated with respect to the paricular needs and problems of the agency to which said codeis to apply. Each agency, in consultation with the to ensure that any agencyAttorney General's Office must review its enabling legislation specific conflicts provisionsare included in any supplementalagency code. An agency code must be approved by the Commission.
New Jersey Unifonn Ethics Code , September 2006
TABLE OF CONTENTS
I. DEFINITIONS........................................................................................................ 3
II. GENERA STANDARDS OF CONDUCT ...........................................................
II. ACCEPTANCE OF GIFTS ....................................................................................
N. ATTENDANCE AT EVENTS ...............................................................................
V. POLITICAL ACTNITY
..............
..............................
VI. OUTSIDE ACTNITIES AN
...............
..................
..... ......
BUSINESS INTERESTS.....................................
VII. OFFICIAL STATIONERy...................................................... ............................
VII. POSTEMPLOYMENT RESTRICTIONS .....
........................................
.....
........ 10
IX. RECUSAL ON OFFICIAL MATTERS.............................................................. .12
X. CONTRACTS.....................................
XI. RETIREMENT GIFTS ........
..............
................................................................. .
......
.............
.............
...........................
........ 14
XII. COMPENSATION FOR PUBLISHED WORKS................................................ 15
XII. FAMILY MEMBERS
- CONFLICTS OF INTEREST ......................................
XN. CASINO-RELATED FAMILY MEMBER
RESTRICTIONS ...........................
XV. REPORTING COMPLAINTS ...................... .......................
.......................
........ 17
XVI. PENALTIES........................................................................................................
New Jersey UniformEthics Code, September 2006
I. DEFINITIONS
As used in this Unifonn Ethics Code, and unless a different meaning clearly appears from the context , the followingtenns shall have the followingmeanings. Commission" means the State Ethics Commission , established in but not of the Deparment Law and Public Safetypursuant to NJS.A. 52: 13D-21.
Conflcts Law" means the New Jersey Conflicts ofInterest Law, NJS. A. 52:l3D- l2 et seq. designated by the agency head to assist the Ethics Liaison Officer" means the individual(s) implementing and enforcing the Conflicts Law and relatedethics Commission in State Ethics codes. , symposium training , seminar, speaking engagement Event" means a meeting, conference , holiday course , ground-breaking, ribbon-cutting, meal , open house, cocktail pary, fundraiser s work place away from the State official' party, social function, or similar event that takes location, is sponsoredor co-sponsored by a supplier or a non- State governent source and the invitation for which is extended to the State official because of his or her official position.
Gift" means any fee , commission, service, compensation, gratuity, or other thing of value of any kind. If an item has more than a nominal monetary value , it wil be characterized as a gift. A gift includes admission to an event for which a member of the general public would be charged, a meal, transportation, or offer of employment. Head of a State agency " means , in the case of the Executive branch of governent , except with , the department head or if the agency is not assigned to respect to interstate agencies department, the Governor.
Immediate Family Member " means an individual' s spouse, child, parent or sibling residing the same household. NJ.S. A. 52:13D- 13(i). Interest" means (1)the ownership or control of more than 10% of the profits or assets of a finn association , or parnership, or more than 10% of the stock in a corporation for profit other than a , II professional service corporation organized under the "Professional Service Corporation Act L. 1969, c. 232 (C. 14A:17-1 et seq. ); or(2)the ownership or control of more than 1% of the profits of a finn, association, or partnership,or more than 1% of the stockin any corporation which is the holder of or an applicant for , a casino licenseor in any holding or intennediary company with respect thereto , as definedby the " Casino Control Act" P. L. 1977, c. 110 (C. 5: 12-1 et seq.). Theprovisions of this act governing the conductof individuals are applicable service corporation shareholders associates or professional employees of a professional such a corporation. regardless ofthe extent or amount of their shareholder interest in Interested party" means: l. Any person, or employee , representative or agent thereof, who is or may reasonably be anticipated to be subjectto the regulatory, licensing or supervisory authority
New Jersey Uniform Ethics Code, September 2006
of the State official's agency; 2. Any supplier, or employee,representativeor agent thereof; 3. Any organization that advocates or represents the positions of its members to the State offcial' of whose members are as described in paragraphs 1 agency; or 4. Any organizationa majority
through3 above. Person " means any natural person, association or corporation.
, including, but not limited to Published work" means any tangiblemedium of expression lierar, pictorial , graphic and sculpturalmatter; sound recordings; and software. NJ.A. C. 19:61足 6.2. Relative " as used in section XIII, means an individual' s spouse, and the individual' s or hislher spouse s parent, child, sibling, aunt, uncle, niece, nephew, grandparent , grandchild, son- in-law in-law , stepparent, stepchild, stepbrother, stepsister, half-brother , or half-sister, whether daughterthe relative is related to the individual or the individual's spouse by blood, marrage or adoption. Special State officer or employee " means (1)any person holding an office or employment in a State agency, excluding an interstate agency, for which office or employment no compensation is authorized or provided by law , or no compensation other than a sum in reimbursement expenses , whether payableper diem or per annum, is authorized or providedby law; (2) any , holding a part-time elective or appointive offce person , not a member of the Legislature employment in a State agency,excluding an interstate agency, or (3) any person appointed as New Jersey member to an interstate agency the duties of which membership arenot full-time. State agency" means any of the principal departents in the Executive branchof the State Governent , and any division , board, bureau , offce , commission or other instrumentalitywithin or created by such department , and, to the extent consistentwith law , any interstate agency to which New Jersey is a party and any independent State authority, commission , instrumentality or agency. A county or municipality shall not be deemed an agency or instrumentality of the State.
State offcer or employee" means any person, other than a special State officer or employee (1) holding an office or employment in a State agency,excluding an interstate agency, other than a member of the Legislature or (2)appointed as a New Jersey member to an interstate agency. Supplier" means any person that is providing or is seeking to provideor may reasonably expected to provide goodsand/or servicesto the Stateofficer or employees or special State officer or employee s agency, including, but not limited to , consultants, vendors and lessors.
Unclassified office or position" means any offce or position in the unclassified service of the civil service of the Executivebranch of State governent. II. GENERAL STANDARDS OF CONDUCT
It is essentialthat the conductof public officials and employeesshall hold the respect and confidence of the people. Public offcials must, therefore, avoid conduct that is in violation of impression among the public that such trust is being their public trust or that creates a justifiable
New Jersey Uniform Ethics Code, September 2006
violated. Accordingly, Stateofficers and employeesand specialState officers and employees shall confonn their conduct to the following standards. l. No State officer or employee or special State officer or employee should have any interest financial or otherwise , direct or indirect , or engagein any business or transaction or professional
activity, which is in substantialconflict with the properdischarge of his/her duties in the public interest. 2. No State officer or employee or special State officer or employee should engage in any particular business, profession, trade or occupation which is subject to licensing or regulation by a specific agency of State Governent without promptly filing notice of such activity with the Commission. 3. No State officer or employeeor specialState officer or employee should act in his/herofficial capacity in any matter wherein he/she has a direct or indirect personalfinancial interestthat
mightreasonably be expected to impair his/her objectivity or independence of judgment.
4. No State officer or employeeor special Stateofficer or employeeshould knowingly act in any way that might reasonablybe expectedto create an impressionor suspicion amongthe public
having knowledge of his/her acts that he/she may be engaged in conduct violative of his trust as a State officer or employee or special State offcer or employee. Misuse of Official Position or Infonnation 5. No State officer or employeeor specialState officer or employee should use or attempt to use
his/her official position to secure unwarranted privileges or advantage for him/herself or others. 6. No State officer or employee or special State officer or employee , shall willfully disclose to any person , whether or not for pecuniary gain , any infonnation not generally available to members of the public which he/shereceives or acquires in the courseof and by reasonof his/her official duties. No State officer or employee or special State officer or employee shall use for the purpose of pecuniary gain , whether directly or indirectly, any information not generally available to membersof the public which he/shereceives or acquires in the courseof and by reason his/her official duties.
Representation!Appearance Before a State Agency 7. No State officer or employee , nor any partnership,finn or corporation in which he/she has interest , nor any parner , officer or employeeof any suchpartnership, firm or corporation , shall represent , appear for , or negotiateon behalf of , or agreeto represent, appear for , or negotiate behalf of, any person or pary other thanthe State in connection with any cause, proceeding, application or other matter pending before any Stateagency. Nothing contained herein shall be
deemed to prohibit any such partnership, finn or corporationfrom appearing on its own behalf.
New Jersey Uniform Ethics Code , September 2006
8. No special Stateofficer or employee, nor any partnership, finn or corporation in which he/she has an interest , nor any parner, officer or employee of any such partnership, finn or corporation shall represent , appear for, or negotiate on behalf of, or agree to represent , appear for or negotiate on behalf of, any person or pary other thanthe State in connection with any cause , proceeding, application or other matter pending before the paricular office , bureau, board, council commission , authority, agency, fund or system in which such special State officer or employee holds offce or employment.
Nothing containedin this section shallbe deemedto prohibit any Stateofficer or employee special State officer or employee from representing, appearng for or negotiating on behalf of , or agreeing to represent, appear for or negotiate on behalf of , any person or party other than the State in connection with any proceeding: Pending before any court of record of this State 11. In regardto a claim for compensationarising under chapter 15 of Title 34 of the 1.
Revised Statutes (Workers Compensation),
111. In connection with the detenninationor review of transfer inheritanceor estate taxes
In connection with the filing of corporateor other documentsin the office of the Secretary of State v. Before the Division on Civil Rights or any successor thereof VI. Before the New Jersey State Board of Mediation or any successor thereof V11. Before the New Jersey Public Employment Relations Commission or any successor thereof V11. Before the Unsatisfied Claim and Judgment Fund Board or any successor thereof solely for the purpose of filing a notice of intention pursuant to P L.1952 . , c. l74 IV.
5 (C.39:6足65),
IX.
Before any State agency on behalf of a county, municipality or school district , or any authority, agencyor commission of any thereof except where the State is an adverse party in the proceedingand provided he is not holding any office or employment in the State agency in which any such proceeding is pending. III. ACCEPTANCE OF GIFTS
No State officer or employee or special State officer or employee shall accept any gift favor, service or other thing of value related in any way to the State official's public duties. Upon the recommendation of the Special Counsel for Ethics Review and Compliance , the Commission has adopteda zero tolerancepolicy for acceptance of gifts. (SeeReport of the Special Ethics Counselto the Governor of theState of New Jersey, dated March 14, 2005. Accordingly, any giftthat is offered to or received by a State officer or employee or special State officer or employee or , his/her spouse , immediate family member , partner or associateshall be immediately reported to the agency s Ethics Liaison Officer (" ). Unless ELO" the State offcer employee or special State officer or employee is permitted to receive the giftor thing of value in accordance with the Commission s rules on attendanceat events (see sectionIV),no State officer or employee or special Stateofficer or employee or , hislher spouse , immediatefamily
New Jersey UniformEthics Code, September 2006
, favor , service or gift member, parner or associateshall accept, either directly or indirectly, any other thing of valuerelated in any way to the State offcial's public duties. The exceptions to the zero tolerancerules for acceptance of giftsare set forth below. 1. Unsolicited giftsor benefits of trivial or nominal value, such as complimentar aricles offered to the public in general , and giftsreceived as a result of mass advertising mailings to the general
business public may be retained by the recipient or the recipient's deparment for general use if such use does not create an impression of a conflict of interest or a violation of the public trst. The receipt of such complimentar aricles is not required to be reported to the ELO. 2. A State officer or employee or special State offcer or employee may receive a gift, favor, service or other thing of value from a vendor under the same tenns and conditions as areoffered or made
available to membersof the general public. 3. A Stateemployee is pennitted to give or receive a gift from a co-worker, a supervisor or a subordinate. The giftshould not be excessiveor inappropriate for a business environment. Such giftshall not be reportedto the ELO. apply to the acceptance contributions to the campaign of an announced candidate for elective public office.
4. In accordance with N.J.S.A. 52: 13D-
do not , gift provisions
The procedures for reporting receipt of a gift are set forth in Appendix A. IV. ATTENDANCE AT EVENTS
Attendance at an event that is sponsored or co-sponsored by an entity other than the State must be approved by the agency s ELO. A Stateemployee must complete the form identified as "Request For Approval For Attendance At Event " prior to attendance. A Stateemployee shall not attend an event in his or her offcial capacity unless a
legitimate State purposewil be served. Costs associated with attendanceat an event shall be paid or reimbursedin accordance withNJS.A. 52:13D-24andN.J.A.C. 19:6l- l etseq. A Stateemployee is prohibited from accepting honoraria in connection with hislher attendance or participation at an event. NJS.A. 52: l3D- 24. , or reimbursement for A Stateemployee is prohibited from accepting entertainment , such as a golf outing, tickets to a sporting event or a entertainment , that is collateral to an event meal taken other than in a groupsetting with all attendeespresent.
The Commission s rules on attendance at an event and the form that must be completed prior to attendance at an event are set forth in Appendix
New Jersey Uniform Ethics Code, September 2006
V. POLITICAL ACTIVITY
Upon
givingnotice to the
agency ELO a State employee may be involved in political
activities unless:
1. the State employee is prohibited from such activitiesby State or federal statuteor agency rule; or 2. the political activity conflcts with the employee s official duties. Pursuant to NJ. S.A. 52: 13D-l4 and NJS. A. 52: 13D- , a State employee may accept
contribution to the campaign of an announced candidate for elective public offce provided the contribution is not known to be givenin lieu of a payment that is prohibited by the Conflicts Law. Further, a State employee is subject to the Deparent of Personnel's Administrative Code provisions governingpolitical activity, NJA. C. 4A: 10-1.2. Note that a Stateemployee is not pennitted to serve as a campaign treasurer on any campaign that is subject to the jurisdiction the Election Law Enforcement Commission. The Commissions Guidelines on Political Activities and the provisions of NJA.C. 4A: 10- 2 are set forth in Appendix C. VI. OUTSIDE ACTIVITIES AND BUSINESS INTERESTS
No State officer or employee or special State officer or employee should undertake any employment or service , whether compensatedor not, which mightreasonably be expected to impair hislher objectivity and independence of judgment in the exercise of hislher official duties. A State officer or employee s participation in any service , activity or employmentthat is outside hislher official State duties may be prohibited by the Conflicts Law, other State or Federal law or regulation , or the code of ethics adopted by the employee s agency. Accordingly, a State officer or employee shall obtain the approval of the ELO prior to engagingin any of the following outside activities. 1. Commencement of any business , trade, profession or other compensated employment , including
the acceptance of compensation for a speech or published work; 2. Uncompensated or volunteer work for or with any entity; or
3. Holding office or title in the governing or advisory board of any entity.
Notwithstanding the requirement to discloseoutside employment and activities, a State agency may exempt disclosureof specific kinds of outside employment or activities if the agency is satisfied that such activityor employment does not present a conflict of interest. A State officer or employee is not pennitted to hold employment with , hold an interest in or represent, appear for , or negotiateon behalf of a holder of or applicantfor a casinolicense unless the Commission grants a waiver. A waiveris granted in circumstanceswhere it detennined by the Commission that such casino activity wil notinterfere with the
New Jersey UniformEthics Code, September 2006
responsibilties of the State officer or employee and wil not create a conflct of interest or the appearance of such conflict. A special State officer or employee is prohibited from holding interest in or representing, appearing for or negotiating on behalf of aholder of or applicantfor a casino license, or any holding or intennediar company with respect thereto, in connection with any matter. However , a specialState officer or employeewithout responsibility for matters affecting casino activity may hold employmentwith a casino license holder or applicant and, if so employed, may hold an interestin or represent, appear for or negotiateon behalf of hislher casino employer. NJ.S. A. 52:l3D- 17.2(b) All State officers and employees shall complete the Outside Activity Questionnaire attached to this document as Appendix D, in accordance with the procedures adopted by hislher agency. Theseprocedures shall, at a minimum , require that each current employeecomplete the questionnaire and that each new employee complete the questionnaire upon commencement of employment with the agency. The procedures shall also require that a State officer or employee whenever there is a change in the employee amend hislher Outside Activity Questionnaire outside activity or State employment. A State agency shall require disclosureof additional infonnation regarding the outside activities of its employees as necessary to address the particular needs and problems of the agency. The agencyELO shall review all outsideactivityquestionnaires and detennine whether the outside activity is pennissible in accordancewith the Conflcts Law , the Unifonn Ethics Code, the agency code of ethics or anyother authority. A Stateofficer or employee may appeal an agency ELO's decision to disapprove an outside activity. Such appeal shall be submitted in writing to the Commission within 60 days of the employees receipt of the agencys decision. ofthe Conflcts Law , Unifonn Ethics Code, agency The appeal shall cite the relevant section(s) code of ethics or other authority which supportsthe position of the employee that such outside activity should be pennitted. for special State Each State agencyshall developa Conflict of Interest questionnaire officers and employees of that agency. Each State agency shall develop a process for the review and Conflct ofInterest Questionnaires. and retention of both Outside Activity Questionnaires The Commission s Guidelines Governing Outside Activities are set forth in Appendix E. Blind Trusts
trust may be used by a State offcer or employee, a special Stateoffcer
A blind employee , hislher spouse or domestic partner or dependent children to avoid conflcts situations
caused by financial interests. The trust must confonn to the standardsset forth in the Blind Trust
Guidelines, Appendix F.
VII. OFFICIAL STATIONERY
Offcial stationery shall be used only in connection with the State agency'soffcial
business. The limitationson use of official stationery also apply to personal stationery paid for
New Jersey UniformEthics Code, September 2006
by an officer or employee if it is imprinted with the agency offce or the title of the State officer or employee. A State officer or employeeor special Stateofficer may not useofficial stationery to promote a candidate for elective office, endorse a State vendor or contractor, express a personal opinion on a matter that is not related to hislher official duties, or to promote hislher financial other self-interest. Exceptions: A State officer or employeeor special Stateofficer or employee may use official stationery to wrte a letter of recommendation for , or respond to an inquiry about, a curent or fonner colleagueor employee. These pennissible uses are only acceptable so long as the use of offcial stationery does not create an impression that the State officer or employee engaged in an unwarranted use of his /her position. For example, it would not be appropriate for a State employee to recommendan individual for inclusionin a program over which the State employee has supervisory or regulatory authority. In addition there must be a reasonable connection between the officer s or employees offcial duties andthe use andpurpose of the letter. A Stateagency may not use official stationery to solicit a contribution from any
interested party. Solicitation of any other entity must be reviewed and approved by the agency
ELO.
The Commission s Guidelines with respect to the use of official stationery are set forth in Appendix G. VIII. POST- EMPLOYMENT Seekig
RESTRICTIONS
Future Employment
State officers or employees who have direct andsubstantial contact with any interested parties must refrain from circulatingresumes or in any mannerseeking employment with those individuals or entities while stil in State service. If an employee is solicited for potential
employment by an entity with which he/shehas direct and substantial contact , that solicitation must be disclosed immediately to the employees management and to the agency s ELO. Employees who do not havedirect and substantial contact with interested parties may circulate resumes and enterinto discussionsregarding potential employment with those individuals entities so long as they avoid any situations that may give rise to an unwarranted advantage. All employees are cautioned that discussions , interviews, and negotiationsshall not take place on State time. Solicitation or discussionof employmentwith regulated entities , or their representatives that have a specific cause, proceeding, application or other matter pending before the employee agency is not permitted. There may be circumstances when solicitation or discussion employment with respect to regulated entities , or their representatives , could be approved if no specific cause, proceeding, applicationor other matter is pendingbefore the agency.These situations must be reviewed on a case-by-case basis before the employee proceedswith anyjobseeking activities.
New Jersey Uniform Ethics Code, September 2006
Lifetime Ban At no time subsequentto the termination of hislher office or employment in any State agency may a fonner Stateoffcer or employeeor special State officer or employee represent appear for, negotiate on behalf of , or provide infonnation or services not generally available to members of the public , or agreeto perform any of those activities, for any party other than the State in connection with a specific cause, proceeding, application or matter with which the State officer or employeeor special Stateofficer or employee had been substantially and directly involved at any time during the course of hislher office or employment. N.J.s.A. 52:13D- 17. This lifetime ban applies not only to the Stateofficer or employeeor special Stateoffcer employee personally,but also to the partnership,finn or corporation under the following circumstances: (1)if the former State officeror employee or special State officer or employee is a shareholder , associate or professional employee of a finn organizedas a professional service corporation or (2)if the former State officer or employee or special State offcer or employee owns or controls more than lO% of the stock of a corporation or more than 10% of the profits assets of a firm, association or parnership. One- Year Ban - Certain State Offcials
In accordance with the recommendation of the SpecialCounsel for Ethics Review and Compliance a one- year ban on the activitiesdescribed in this section shall apply to any head deputy head or assistant head of any principal departent , board, commission or authority, the Superintendent of State Police the Governors Chief of Staff Chief of Management and Operations, Chief of Policy and Communications , Chief Counsel, Director of Communications Policy Counselor, and any deputy or principal administrative assistant to any of the aforementioned members of the staff of the Offce of the Governor. For one year after the tennination of the State office or employment of any of the individuals noted above, he/she shall not represent, appear for, or negotiateon behalf of , or agree to represent, appear for , or negotiate on behalf of any person or party other than the State with or
before anyofficer or employeeof the Stateagency in which he/she served. The provisions this subsectionshall not apply to any partnership,firm or corporation in which he/shehas an interest or is employed , or to any partner, officer, director or employeeof such partnership, finn or corporation. Nothing containedin this section shall prohibit a State agency from contracting with a fonner State officer or employeeto act on behalf ofthe State. In addition, the governor and each head of a principal department in the Executive branch are prohibited , for one year after the termination of office or employment, from registering as governental affairs agent" as that term is definedin NJS. A. 52:13C-20. NJS. A. 52:13C足 21.4. Two- Year Casino EmploymentRestriction NJ.S.A. 52: l3D- l7. 2 sets forth post-employment restrictions applicableto State officers or employeessubjectto financial disclosureby law or executive order , and State officers or employees or special State officers or employees with responsibility for matters affectingcasino
activities.
New Jersey Uniform Ethics Code, September 2006
Such persons areprohibited from holding, directlyor indirectly, an interest in, or holding employment with a casinolicensee or applicant for a casino license for a period of two years following the tennination of their State employment. In addition such personsmay not represent , appear for, or negotiate on behalfof a casino. This prohibition applies to any business entity in which the person holds an interest or is otherwise associated, including the officers or employees of such business entity. This prohibition applies to the person s immediate family members unless granted a waiver by the Commission. See Section XIV, below. NJS.A. 52:13D- 17.2(c). Waivers
In accordance with NJS.A. 52:13D- 17. , the Commission may grant an exceptionfrom the above casino employment restrictions for a person s immediate family member or an employee who was tenninated as a result of a reduction in force, (provided that the employee did not hold a policy-making managementposition during the five years prior to tennination of employment) whenever it determines that such waiver wil not create a conflict of interest or the appearance of a conflict of interest: The Commission s Guidelines with respect to Post- Employment Restrictions are set forth in Appendix H. IX. RECUSAL ON OFFICIAL
MATTERS
A State officer or employeeor special Stateofficer or employeeis required to recuse himlerself on an official matter that involvesany individual , association, corporation or other entity that employed or did business with the State officer or employee or special State officer or employee during the one year prior to the employee s commencement of State service. A State officer or employee or special Stateofficer or employee is requiredto recuse himlerself on an official matter if he/she had any involvementin that matter, other than on behalf of the State, prior to commencement of his/her State service. A Stateofficer or employee or special Stateofficer or employee is requiredto
recuse
himlerself on an official matter if he/she has a financial or personal interest that is incompatible with the proper discharge of his/her public duties. An incompatible personal or financial interest includes , but is not limited to , outside employment; a debtor/creditor relationship; a fiduciary relationship; a sourceof income; any matter pertaining to or involving a relativeor cohabitant; a relationship with a person providing funds, goods or services without compensation; any matter pertaining to or involving a business associate or business investment; and a leadership role in a professional or trade organization which interest mightreasonably be expected to impair a Stateofficial's objectivityand independence of judgmentin the exercise of hislher official duties or might reasonably expected to create an impression or suspicion among the public having knowledge of his or her acts that he/she may be engaged in conductviolative of his/her trust as a State official.
New Jersey UniformEthics Code, September 2006
Upon detennining that a State offcial shall recuse hirnerself on any matter, the State official shall execute the recusal in wrting, and shall have no involvementwith the subject matter of the recusal. If a State offcial canot determinewhether he/she should execute a letter of recusal in any matter, the State official shall contacthislher agency ELO or the Commission for guidance. A State official shall seek the advice of the State agencys counsel, agency ELO or the Commission as to the proprietyof paricipation in a matter if anyperson requests that a State official recuse hirnerself from that matter. Oral advice, followed up by a writing, shall be provided by the agencys counsel, the agency ELO or the Commission to avoid delay. Oral advice shall subsequentlybe memorialized by awriting or by inclusionin public minutes. The Commissions regulations governing recusal NJ.A.C 19:61- 1 et seq. which include the required elements for a written recusal , are set forth in Appendix 1. x. CONTRACTS
With few exceptionsa Stateemployee may not enter into a contractual agreement with the State.
An agency head , deputy head or assistant head is prohibited from business transactions with anyemployee in hislher agency.
in any private engaging
Limitation on contracting by State officer or employee Pursuant to N.J. S.A. 52:13D- 19, no State officer or employee shall knowingly undertake or execute , in whole or in part, any contract , agreement, sale or purchase of the value of $25. or more , made, entered into , awarded or granted by any State agency. The exceptionsto this prohibition areset forth below. As usedin this section, State officer or employee also includes
his or her partners , any other person for the use or benefit of the State employee or on his or her account or any corporation which he/she controls or in whichhe/she owns or controls more than % of the stock. Limitation on contracting by special State offcer or employee Pursuant to N.J.S.A. 52: 13D- , no special State officer or employee who has duties
responsibilities in connectionwith the purchase or acquisition of property or servicesby the State agency where he/she is employed or an offcer shall knowingly undertakeor execute , in whole or 00 or more, made, entered in part, any contract, agreement, sale or purchase of the value of $25. to this prohibition are set forth into, awardedor granted by that State agency.The exceptions below. As used in this paragraph, special State officer or employee also includeshis/her partners any other person for the use or benefit of the special State employee or on hislher account or any corporation which he/she controls or in which he/she owns or controls more than % of the stock.
New Jersey UniformEthcs Code, September 2006
The restrictions contained above shall apply to the contracts of interstate agencies to the extent consistentwith law only if the contract, agreement, sale or purchaseis undertaken or executed by a New Jersey member to that agency or by hislherparners or a corporation in which he/she owns or controls more than 1% of the stock. Permissible Contracts with the State
, a State officer or employeeor special State (1) With the prior approval of the Commission
offcer or employee is pennitted to enter into the following:
, contracts , agreementsor sales which aremade or let after public notice (a) purchases
and competitive bidding or which in accordance with public bidding laws or regulations applicable to other State agencies may be made negotiated or awarded without public advertising for bids, or
(b)any contract of insurance entered into by the Director of the Division of Purchaseand
Property pursuantto N.J.s.A. 52:27B-62.
(2) A Stateofficer or employee or a special State officer or employeeor his partnersor any
corporation or firm in which he/she owns or controls more than 1 % of the stock, assets or profits may enter into a contract or agreement with a State agency where the contract or agreement is for discoveries or innovations in which the State the developmentof scientific or technological , if the State agencyhas a procedure in its code of ethics for agency has a property right authorizing these contracts or agreements that minimizes actual conflicts of interest , and the code of ethics was approved in accordance with N.J. A. 52:13D- , and the contract or agreement complies with that code procedure.
(3) A State offcer or employeeor a special State officer or employee or hislher partners or
any
corporation or finn in which he/she owns or controls more than 1% of the stock , assets or profits may enter into a rental agreement with a State agency which operates a facility which rents space or provides servicesto assistsmall businesses which employ 50 people or less, pursuant to the same tenns and conditions as those offered to members of the public generally. Please note that the Commission has never approved a request by a State offcer employee , or special State officer or employee, to enter into a contractwith his/her own agency.
The Commission s Guidelines on Privatization, set forth in Appendix J , are applicable to a State employees participation in an open competitive bid process for the privatization of services currentlybeing provided by hislher agency. XI. RETIREMENT GIFTS
A gift can be given to a State employee upon hislher retirement from State service.There are specific limits to the value of a pennissible retirement gift. A State employee shall refer to Appendix K for the provisions governing retirement gifts.
New Jersey UniformEthics Code, September 2006
XII. COMPENSATION FOR PUBLISHED WORK
A State officer or employee or special State officer or employee may not solicit, receive created or agree to receive, compensation fromsources other thanthe State for published work(s) as par of his /her offcial duties on Statetime and/or using State resources. However , a State officer or employee or special State officer or employee , other than a level officers and otherprincipal , cabinetdesignated State officer " (the Governor administrative officers of the State)may, in connection with any service, advice, assistance appearance , speech or other matter related to hislher official duties, receive or agreeto receive whether directly or indirectly, from sources other than the State, reasonable fees for published works on matters within hislher official duties not createdon State time and/orusing State resources.
In addition, a State offcer or employee or special State officer or employee may accept compensation from sources other than the State for published work(s)on mattersunrelated to hislher official duties createdon hislher own timeand with non-State resources. Before agreeingto accept or acceptingany compensation from a sourceother thanthe State for any published work a State officer or employee or special State officer or employee must secure hislher State agencys approval to do so. , the Stateagency shall consider , among In detennining whetherto grant such approval other things whether the compensationis offered by an interested pary, and whether the published work uses or discloses information not generally available to the public. The detennination shall be consistent with applicable law and agency policy.
No State officer or employee or special State officer or employee may use hislher official title in soliciting compensation for a published work. The Commission s Guidelines with respect to Published Works are set forth in Appendix
XIII. FAMILY MEMBERS
- CONFLICTS OF INTEREST
1. No relative of the Governormay be employedin any unclassified offce or position within the State.
of a commissioner or department head may be employed in any 2. No relative unclassified offce or position within the department over which the department head exercises authority. of an 3. A relative
assistant or deputy departmenthead may be employedin unclassified office or position within the departmentin which the assistantor deputy serves provided that he/she is not assigned to a position over which the assistant or deputy department head exercises authority.
New Jersey Uniform Ethics Code , September 2006
4. A relative of a head or assistanthead of a division within a deparent may be employed in an unclassified office or position within the deparent in which the division head or assistant division head serves, provided that he/she is not assignedto a position over whichthe assistant or deputy department head exercises authority. 5. A relative of an appointed member of a governing or advisorybody of an independent authority, board, commission, agency or instrmentality of the State may not be employed in any office or position in that entity. 6. A relative of an appointed New Jersey member of a governing body of a bi-state or multi-state agency may not be employedin an offce or position in that bi-state or multi-state agency, unless otherwise pennitted by law. 7. No State officer or employeeor special State officer or employee may supervise hislher relative, or exercise any authority with regard to personnelactions involving hislher
relative 8. Each Stateagency shall require State officers and employees and special State officers and employeesto disclose information sufficient for the agency to determinewhether the employment of any individual within the agency is prohibited. Cohabitation The Commissionhas determined that the prohibition regarding personnel actions and the supervision of family members set forth in paragraph 7 above, is applicable to non-related individuals who share the samehousehold with the same financial interdependencethat the Commission views as creating a conflict in spousal situations. Dating Relationship
In the case of individuals involved in dating relationships , the Commissionhas found violations of the Conflicts Law in situations wherethe State employee had official involvement in a matter affecting the individual with whom he/she had a dating relationship. Accordingly, a State offcer or employee or special State officer or employee shall not have any involvement hislher official capacity in any matter that pertains to or involves an individual with whom he/she has a dating relationship. The Commission s guidelines with respect to " Official Interactions with Family Members/Cohabitants and Dating Relationships" is attached hereto as Exhibit M.
XIV. CASINO-
RELATED FAMILY MEMBER RESTRICTIONS
Concurrent Employment Restriction
An immediate family member of a State offcer or employee, or of any " person " as defined at NJ.S. A. 52:l3D- l7. 2(a),may not hold directly or indirectly, an interest in, hold
New Jersey UniformEthics Code, September2006
employment with, or represent , appear for, or negotiate on behalf of a holderof,or applicant for a casino license, or any holding or intennediate company withrespect thereto. However, an immediate family member of a State officer or employee or " person" may be employed by a casino in circumstances where it is determinedby the Commissionthat such employment wil not interfere with the responsibilties of the State officer or employee person " and wil not create a conflct of interest or the appearance of such conflict. NJS.A. 52:13D- 17.2(b). Post- Employment Restriction may An immediate family member of a "person," as definedat NJS. A. 52:13D- 17.2(a), , or , appear for , or represent not hold, directly or indirectly, an interest in, hold employment with any negotiate on behalf of, anyholder of or applicant for a casino license in connection with phase of casino development pennitting, licensure , or any other matter related to casino activity, for a period of two yearsfollowing the tennination of the office or employmentof such person. However an immediate family member of a " person " may be employedby a casino circumstances where it is determined by the Commission that such employmentwil not interfere with the responsibilitiesof the " person and wil not create a conflict of interest or the appearance of such conflict. NJ.S.A. 52:13D- 17.2(c)(I).
Casino post-employment restrictions that apply to State officials defined as "persons " noted in section VIII.
are
XV. REPORTING COMPLAINTS
Allegations that a State officer or employee or special State officer or employee has violated a provision of this Unifonn Code , the Conflicts Law, the Commission s rules, an agency of the Commission should be reported code of ethics or any other standard within thejurisdiction Allegations should contain as much staff. to the appropriate agencyELO or the Commission , should detailed infonnation as possible and , if the complainantchooses to identify himlerself include contact information so that the ELO or Commission staff can obtain additional is not required to disclose hislher identity when infonnation if necessary. A complainant reporting an alleged ethics violation. XVI. PENALTIES
The Commissionis empoweredto impose the following penaltiesin accordance with specific provisions of the Conflcts Law. Note that violations committedby a fonner State officer or employee or special State officer or employee may be subjectto penalties so long as the Commissions investigation of same was initiated not later than two years following tennination of service. 1. N.J.S.A. 52: 13D-17 provides that any person who wilfully violates the general postto a employment restrictions set forth in that provision is a disorderly person, and shall be subject fine not to exceed $lOOOor imprisonment not to exceed six months, or both. In addition, for
New Jersey UniformEthics Code, September 2006
violations occurrng after March 15, 2006, any fonner State officer or employeeor fonner special Stateofficer or employee found by the Commission to have violated any of the provisions of this section shall be assessed a civil penalty of not less than $500 or morethan $10 000. 2. NJS.A. 52: 13D-17.2(h)provides that any person who wilfully violates the casino-related
post-employment restrictions set forth in Section 17. 2 (c) is a disorderly person , and shall subjectto a fine not to exceed $1000 or imprisonmentnot to exceedsix months or both. In addition, for violations of Section 17 . 2(c) occurrngafter March 15, 2006, any fonner State officer or employee or fonner special State officeror employee found tohave violated any of the provisions of this sectionshall be assessed a civil penalty of not lessthan $500 or more than
$10 000. 3. N.Js.A. 52:l3D- 21(i)provides that any current or fonner State officeror employee or special State officer or employee found guilty by the Commissionof violating any provision of the Conflicts Law, the Unifonn Ethics Code or any agency code of ethics, shall be fined not less than $500nor more than $10000 , and may be suspended from office or employment by order of the Commissionfor a period notto exceedone year. In addition, for violations occurrng after March 15, 2006, the StateEthics Commission may also order restitution, demotion censure or reprimand. This subsectionfurther provides that if the Commission finds that the conduct of the officer or employee constitutes a wilful and continuous disregard of the provisions of the Conflicts Law, the Uniform Ethics Code or anyagency code of ethics, it may order that person removed from office or employment andmay further bar theperson from holding any public office or employment in this State in any capacity whatsoever for a period not exceedingfive years from the date on which the person was found guilty by the Commission. This subsectionfurther provides that the Commission may impose a penalty of $50 per day of violation for failure to file an appropriatefinancial disclosurestatement required to submitted to the Commission by law , regulation or executive order.
(Seepenalty provisions set forth at NJA.C.
19:6l- 3.1(j
andN.JA.C.
19:61-
6(c).
4. N.Js.A. 52:13D- 23(d)provides that violations of the Unifonn Ethics Code or any agency code of ethics shall be causefor removal, suspension, demotion or other disciplinary action the State officer or agency having the power of removal or discipline. With respect to a person who is in the classified civil service , the procedure leading to such removal or discipline shall be governed by the Civil Service Act NJS.A. lIA:l- et seq.and the Rules of the Department of Personnel. No action for removalor discipline shall be taken under this subsection except upon
the referral or with the approvalof the Commission. 5. NJS.A. 52: 13D-26 providesthat any personwho wilfully induces or attempts to induce a
State offcer or employee or special State officer or employee to violate any of the provisions the Conflcts Law is a disorderly person , and shallbe subject to a fine not to exceed$500 imprisonment not to exceed 6 months , or both.
New Jersey UniformEthics Code, September 2006
APPENDIX A
GUIDELINES GOVERNING RECEIPT OF
GIFTS AND FAVORS
the Ethics 1. Eachdepartent shall requirefull disclosure by employeesto the office of the department head through Liaison Offcer upon receipt of a giftor any other thing of value related in any way to the State officer or employee s or special State officer or employees public duties. 2. Eachdepartment should designate an Ethics Liaison Officer to monitor compliance with specific procedures under which officers and employees shall proceed upon receipt of a giftor any other thing of value related in any way to their public duties. 3. Allofficers and employees should be instructed that any giftor other thing of value offered to or by an officer or employee that is related in any way to hislher public duties must be reportedand remitted immediately to the Ethics Liaison Officer. Similarly, any favor, service, employment or offer of employment from such person corporation must be reported immediately.
4. TheEthics Liaison Officer shallreturn a giftor thing of value that is related in any way to an officer or employee public duties to the donor or shall otherwise appropriately dispose of it. gifts or 5. Unsolicited
benefits of trivial or nominal value, such as complimentaryarticles offered to the public in general, and gifts received as a result of mass advertising mailings to the general business public may be retained by the recipient or the recipient' s department for general use if such use does not create an impression of a conflct of interest or a violation of the public trst. An impression of a conflict may be created, for example, if employee of a regulatory agency uses a pocket calendar conspicuouslymarked with the name of a company that it regulates or if an offce in a State agency displays a wall calendar from a vendor , creating the impression of an endorsement.
New Jersey Uniform Ethics Code , September 2006
6. TheEthics Liaison Officerwil have the responsibilityof keeping the records of all such occurrences; namesof the employees, individuals, and companies involved, and the finaldisposition of the giftor thing of value. 7. Theassistance of the Directorof the State Ethics Commissionwil be availableto all Ethics Liaison Officersto aid them in individual cases. Revised March 1990 May 25, 2006 September2006 AppendixA.doc
New Jersey UniformEthics Code, September 2006
APPENDIX B
SUBCHAPTER 6. ATTENDANCE AT EVENTS ACCEPTANCE OF HONORARIA ACCEPTANCE OF COMPENSATION FOR PUBLISHED WORKS, AND ACCEPTANCE OF THINGS OF VALUE 19:61
1 Applicability The rules in this subchapterapply to all State officials in the Executive branch of State governent.
19:61- 2 Definitions
The following words and tenns, as used in this subchapter , shall have the following meanings, unless the context clearly indicates otherwise. Allowable entertainment expenses " means the costs for a guest speaker incidental music and other ancilar entertainment at any meal at an event , provided they are moderate and not elaborate or excessive , but does not include in a sportingor athletic activity which may the costs of personal recreation , such as being a spectator at or engaging occur as par of that event. Approval" means, for the purposes of N. A.C. 19:6l- 6.4 and 6. , written pennission from the department head to attend and/or participate in an event; and/or to accept direct or indirect benefits in connection with attendance. s agency or his or her designee. Department head" means the administrative or executive head of the State official' Direct benefit" means acceptance by a State official ITomthe sponsor of an event or any other person of travel , meals accommodation , waiver of conference or event fee or any other costs associatedwith attending the event for which no payment is madeby the Statebut is not intendedto mean nominal refreshments such as nonalcoholic beverages and , pastries and cookies). snacks (doughuts Event" means a meeting, conference, seminar, speaking engagement , symposium, training course, ground-breaking, ribbon-cutting, meal, open house, cocktail party, fundraiser , holiday party, social function , or similar eventthat takes place away from the State official's work location, is sponsored or co-sponsoredby a supplier or a non- State governent source and the invitationfor which is extended to the State official because of his or her offcial position. Indirect benefit" means acceptance by a State offcial ITomthe event sponsor or any other person of reimbursement for costs of travel , meals, accommodation, event fees , or any other costs associated with attending the event for which no reimbursement is made by the State but is not intended to mean nominal refreshments such as nonalcoholic beverages pastries and cookies). and snacks (doughnuts, Interested party "
means:
1. Any person or employee, representativeor agent thereof, who is or may reasonablybe anticipatedto be subjectto the regulatory, licensing or supervisory authority of the State official's agency;
2. Any supplier, or employee, representative or agent thereof; 3. Any organization that advocates or represents the positionsof its members to the State offcial' s agency; 3 above. of whose members are as described in paragraphs 1through 4. Any organization a majority Personal funds" means fundsof a Stateoffcial. It does not include funds that are loaned, advanced,promised or reimbursed to a State offcial for any purposeby an interested party.
New Jersey UniformEthics Code, September 2006
medium of expression, including, but not limited to , literary, pictorial, graphic Published work" means any tangible and sculptural matter;sound recordings; andsoftare. Reasonable expenditues for travel or subsistence" means commercial travel rates directly to and from an event and expenses which are moderate and neither elaborate nor excessive. food and lodging Supplier" means anyperson that is providing or is seekingto provide or may reasonablybe expected to provide goods and/or services to the Stateofficial's agency, including, but not limited to , consultants, vendors and lessors. Thing of value" includes , but is not limited to, compensation; money; a stock , bond , note or other investment in an entity; employment, offer of employment; gift; reward; honorarium;favor; goods service; loan; forgiveness indebtedness; gratuity;property or real property; labor; fee; commission; contribution;rebate or discount in the price of any thing of value; an automobile or other means of personal transportation; entertainment;meal; or any other thing of value offered to or solicitedor accepted by a State offcial in connection with his or her offcial position. 19:61- 3 Granting of approval C. 19:61-6.4 and 6. , when a departent head grants approval to attend an event State purpose wil be served by attendance and shall consider the deparment head shall determine whether a legitimate , the unifonn ethicscode and the agency code of ethics , any applicable the Conflicts of Interest Law the provisions of Executive Orders , the guidelines and rules of the Commission , any deparmental administrative policies and any other relevant considerations. Relevant considerations include , but are not limited to:
(a) For the purposes ofNJ.
1. The identity of the sponsor; 2. The purpose of the event; 3. The identity of other expected participants; 4. Whether attendance and/or participation in the event wil assist the State official in carring out his or her official duties and supportthe mission of the agency; and 5. The monetaryvalue and character of the costs and benefits provided by the sponsor , including whether the costs and benefits are comparable to those offered to or purchased by other attendees. (b) Approval shall berequested in writing on the fonn provided in NJ. C. 19:61- 8. Such forms shall be retained by the State agency for a period of five years from the date of approval of the fonn.
(c)When an agency has numerous divisions or similar subunits with very diverse missions, the department head
may request that the Commissionpennit that such divisions rather than the departmentState agency be treated as agencies for the purposesof this subchapter. The departmenthead shall provide the Commission with infonnation identifyngthe diversity of the missions of the divisions and justifyngtheir separate treatment as agencies.
19:61-6.4 Attendance at an event sponsored by an interestedparty
(a)The State offcial shall secure the prior approval of the departmenthead to attend such an event. (b)Except as provided in c)below:
New Jersey UniformEthics Code, September 2006
1. The State shall pay the reasonableexpenses of the State official associated with attending the event.
2. Neither the Stateofficial nor the State shallreceive any direct or indirect benefit from any othersource.
(c)The requirement and prohibition in (b) above need not apply if the event is designed to provide training, dissemination of infonnation, or the exchangeof ideas and the State official is making a speech , is paricipating in a panel at the event or is an accompanying resource person for the speaker and/or paricipant , subjectto the reasonable approval of the department head. The direct or indirect benefitprovided to the State officialby the sponsor of the event
may include the following:
1. Reimbursement or payment of actual and reasonable expenditures for travel or subsistenceand allowable entertainment expenses associated with attending an event in New Jersey if expenditures for travel or subsistence and entertainment expenses are not paid for by the State of New Jersey; 2. Reimbursementor payment of actual and reasonableexpenditures for travel or subsistenceoutside New
Jersey, not to exceed $500.
00 per trip, if expenditures for travel or subsistence and entertainment expenses are not paid
for by the State of New Jersey. The $500.
00 per trip limitation shall not apply if the reimbursement or payment is made
by:
i. A nonprofit organization of which the Stateoffcial is , at the time of reimbursementor payment an active member as a result of the payment of a fee or charge for membership to the organization by the State; ii. A nonprofit organization that doesnot contract with the State to provide goods , materials, equipment
services; or
iii. Any agency of the federal governent , any agency of another state or of two or more states , or any political subdivision of another state.
(d)If an actual conflct or the appearance of a conflict could arse under the application of shall govern.
(c) above , (b)above
(e)Approvals granted under (c)above must be forwarded to the Commission for review. (f)The State official may pay his or her own expenses with his or her personal funds. (g)The State official shall not accept anhonorarium or fee for aspeech or presentation at an
this section.
event covered
Examples
An employee of the Departmentof Environmental Protection has been invited to attend a conferenceof the Association of Environmental Authorities and has been asked to present a short programto explain a new series fonns being proposed by the Department. The Association hasoffered to waive the $200.00 conferencefee; the conference program includes morning and afternoon refreshments and lunch. If the Departmenthead approves the employee s attendanceand participation in the conference , the employeemay accept the waiver of the fee and the refreshments and meal included in the program. A copy of theDepartment head' s approval must be forwarded to the Commission. The Motor VehicleCommission (MVC)is considering the purchase of new pollution testing equipment. One of the companies that plans to submit a bid invites several MVC employeesto a demonstration of the equipment to be held at a hotel conference center. A seafood buffet wil be served after the demonstration. With proper approval, the
New Jersey Uniform Ethcs Code, September 2006
employees may attend the demonstration, but because the companyplans to submit a bid to provide this equipmentand is therefore an interested pary with respect to the MVC , the employees may not parake of the seafood buffet at the expense of the vendor. The employees may, however, pay the cost ofthe buffet personally. Thee employees from different units of the Deparent of Transportation are responsiblefor weekly monitoring of a construction project.Each Friday morning, they meet with the contractor s representative at the site field offce to review the week's progress and to assess projected schedules. The meetings generally last one to two hours; coffee is available , but no other refreshments or meals are served or offered. Becauseno direct or indirect benefits are offered or provided and because the meetings are par of the employees ' job responsibilities , the meetings are not " events " for the purposes of this subchapter. 19:61- 5 Attendance at an event sponsored by an entity other than an interested pary
(a)The State offcial shall secure the prior approval of the departent head to attend such an event. (b)The State may pay the reasonable expenses of the State official associated with attending the event or may
pennit the State official to accept direct or indirect benefits. Direct or indirect benefits may include the following: 1. Reimbursement or payment of actual and reasonable expenditures for travel or subsistenceand allowable entertainment expenses associated with attending an event in New Jersey if expenditures for travel or subsistence and entertainment expenses are not paid for by the State of New Jersey; 2. Reimbursementor payment of actual and reasonable expenditures for travel or subsistence outside New Jersey, not to exceed $500.00 per trip, if expenditures for travel or subsistence and entertainment expenses are not paid for by the State of New Jersey. The $500. 00 per trip limitation shall not apply if the reimbursement or payment is made by: i. A nonprofit organization of which the Stateofficial is , at the time of reimbursementor payment an active member as a result of the payment of a fee or charge for membership to the organization by the State;
ii. A nonprofit organizationthat does not contractwith the State to provide goods, materials, equipment
servIces; or
iii. Any agency of the federal govemment , any agencyof another state or of two or more states , or any political
subdivision of anotherstate.
(c)An interestedparty shall not provide a direct or indirect benefit to the State offcial in order to facilitate his or her attendance. (d)A State official making a speech
or presentationat the event shall not accept an honorarium or fee from the
sponsor.
(e) Under no circumstancesshall a Stateofficial accept
entertainment collateral to the event, such as a golf outing, or meals taken other than in a group setting with all attendees , or reimbursement therefore. Examples An employee of the Commerce , Economic Growth and Tourism Commission has been invited, by the Mexican Tourist Bureau an agencyof the Mexican government , to attend a seriesof meetings on promoting tourism in both countries. The employee wil be giving a speechat dinner on the final day of the meetings and has been offered a $500.00 honorarium. The employeemay attend the meetingsbut is not pennitted to accept an honorarium
New Jersey UniformEthcs Code, September 2006
connection with his speech. He may accept , directly or by reimbursement , actual expendituresfor travel and reasonable subsistence forwhich no payment or reimbursement is madeby the State, not to exceedthe statutory limit of $500.00. A local non-profit organization would like to hold a dinner/fundraiser honoring a Technical Assistant at the Deparent of Insurance who has been a long-time supporter of the organization. The organization plans to use the Technical Assistant's pictue , name and official title on the promotional literature. The Technical Assistant may attend the event but is prohibitedfrom allowing such use of his official title for fundraising purposes. 19:61- 6 Use of official title forprivate fundraising A State official shall not permit the use of his or her official title for the purpose of fundraising for a private organization. 19:61- 7 Compensation for published work(s)
(a) A State official shall not acceptcompensation for published work(s)created as
part of his or her official duties on State time utilizing State resources , but may accept compensation for published works not created as par his or her offcial duties.
(b) A State offcial shall securethe permissionof the deparmenthead to accept compensation for published work(s)not created aspart of his or her official duties. In determining whether suchapproval can be granted , the
Deparent head shall consider the provisions of the Conflicts of Interest Law, the unifonn ethics code , the agency code of ethics , any applicableExecutive Orders, the Commissions Guidelines for Secondary Employment , any other applicable guidelinesor rules of the Commission any applicable administrativepolicies of the agency, and the following conditions:
1. Whether compensation is being paid by an interested party;
work(s)uses or discloses information not generally available to the public; (c) The State official shall prepare the published work(s)on his or herown time, without using the services of
2. Whether the published
other State officials or resources owned by the State.
(d)The State official shall not use his or her offcial
title in any way in soliciting compensation.
Examples As par of his official duties , a Department of Transportationemployee evaluates surveying equipment and trains Department employees on its use. The employee recently completed an in-depth evaluation often different types of surveying instruments and made a recommendation to the purchasing unit. The employee would like to publishthe entire report in TransportationMagazine. He hasbeen offered $500 for the article. The Departmentmust make policy decision as to whether the article may be published. The employee is prohibited from accepting compensation for the article, even if the Departent grants pennission for the publication , since it was created as part of his offcial duties prepared on Statetime and utilzing State resources.
An Environmental Technician at the Deparment of Environmental Protectionhas been asked to write an article for an environmentaljournalon how New Jerseys automobile emission standards differ from those of Pennsylvania. He has been offered $500 forthe article. The EnvironmentalTechnician is permitted to publish the article and receive compensation since it is on a subjectmatter related to , but not apart of, his official duties, so long as he prepares the article at home, on his own time, without using any Stateresources.
New Jersey Uniform Ethics Code, September 2006
19:61- 8 Approval request form
(a)State offcials shall use the following fonn to request approvalto attend events. REQUEST FOR APPROVAL FOR ATTENDANCE AT EVENT DEP ARTMENT OF Name Division Title Telephone FAX E-mail address Event Sponsor Is the sponsor an "interested pary ? Yes Is the State official a speaker, panel paricipant or resource person? Yes _ Is the sponsoran agency of the federal governent , one or more otherstates or a political subdivisionthereof? Yes Is the sponsor a nonprofit organization? Yes _ No If Yes, is the employee or agency a member? Yes _ No Does the nonprofit organization have any contracts with the State? Yes Location Date(s) Overnight accommodation required? Yes _ No Out-of-state travel required? Yes
Estimated cost? $ Agency to paycost? Yes Sponsor to pay cost? Yes Employee to pay cost? Yes _ Reason for attendance:
Wil sponsor offer an honorarium or fee? Yes Employee Signature Date NOTE: Any substitutionsor changes of circumstances must be reported. ************************************************************************
Attendance approved Yes Conditions:
Signature
Note: Acceptance of honoraria or fees is not permitted.
Date
New Jersey UniformEthics Code, September 2006
APPENDIX C
STATE EMPLOYEES' PARTICIPATION IN POLITICAL ACTIVITIES
Summarzed below are Commission cases addressingState employees' paricipation in parisanpolitical activities. The Commission pennits involvementin parisan political activities provided that there is no provision in the Deparmental code of ethics prohibiting such activities. (ElectionLaw Enforcement Commission, State Ethics Commission and several other agency codes have specific provisions prohibiting such activities.) State employees , however, may not use State time or State resources in pursuit of such activities and must provide notice to the Departmental EthicsLiaison Officer. Two sections of the Conflicts Law solicitation of campaign contributions.
NJS.A.
52:13D- 14 and 24
address the acceptanceand/or
Section 14 provides: No State offcer or employee, special State officer or employee , or member of the Legislatureshall accept from any person whether directly or indirectly and whether by himself or through his spouse or any member of his family or through any partner or associate employment or offer any gift, favor
, service employment or any other thing of value which he knows or hasreason to believe is offered to him with intent to influence him in the perfonnanceof his public duties and responsibilities. This section shall not apply to the acceptance contributions to the campaign of an announced candidate for elective public office. Section 24 provides: a. No State officer or employee , special State officer or employee , or member the Legislature shall solicit , receive or agree to receive whether directly or indirectly, any compensation , reward, employment, gift, honorarium, out-of-State travel or subsistenceexpense or other thing of value from any sourceother than the State of New Jersey, for any service , advice, assistance , appearance , speech or other matter related to the officer , employee or members official duties, except as authorized in this section.
c. This section shall not apply to the solicitation or acceptance of contributions to the campaignof an announcedcandidate for elective public office, except that campaign contributions may not be accepted if they are known to be given in lieu of a payment prohibitedpursuant to this section.
New Jersey UniformEthics Code , September 2006
In Case No. 45-
, a member of the Commission on Legalized Games of Chance requested an opinion from the Commissionas to whether the provisions of the Conflcts of Interest Law would restrct his involvement in political activities in the county where he resided. The Attorney General's Office was asked to review the requestand issuedan opinion which advised that the State official was pennitted to engage political activities, barng a prohibitionagainst such activities in the Department' s Code of Ethics. In Case No. 201- , the Commission referred a request for advice as to whether a member of a County
Board of Taxationwas permittedto becomea candidatefor and, if elected , hold an Assembly seat , to the
Attorney General. Attorney GeneralOpinion M75-2075 concludedthat a member of a County Board Taxation holds a State office of profit within the meaningof Aricle IV , Section V , Paragraph 4 , of the New Jersey Constitution and , as such, was pennitted to becomea candidatefor a seat in the Legislature , but, if elected, must resign as a County Board Member before taking his Legislative seat.
In Case No. 435- , the Commissiondetennined that a Deparment of Health employeewas pennitted to serve as chainnan or co-chainnanof a public employees ' committee in support of a gubernatorial candidate. The State employeewas cautionedthat he must not use or attempt to use his offcial position to secure unwaranted privileges or advantages for the candidate of his choice. Further , he must be careful not to permit his political activities to conflict with the proper discharge of his duties in the public interest. In Case No. 756- , the Commission detennined that it would not be a conflict of interest for a member of a County Board of Taxation to simultaneously serve as a Commissioner on the County Tax Board and hold the position of County Chainnan of a political party in the same county. In Case No. 972- , the Commission detennined that a Housing Finance AgencyHFA" (" ) employee was pennitted to run for municipal office in a municipality where housing projectssponsored by the HF A were located. Theemployee was cautioned that , if elected, she should not have any dealings with any projectlocated in East Orange as long as she was a member of the Council.
In Case No. 987- , the Commission affinned the Department of Labor Ethics Committee determination that the employees position as a Democratic State Committeemanand Member of the Waren County Democratic Committee as well as his candidacy for the LopatcongTownship Council did not constitute a violation of the Conflicts of Interest Law. The Commission also concurred with the caveatsimposed by the Deparment prohibiting the use of State time, stationery and telephonesby the employee for his political activities and further extended this prohibition to include any other State resources. In Case No. 34two members of the Board of Dentistry were advised that NJ.S.A. 52: 13D足 expressly permits the solicitation and acceptanceof campaign contributions for announced candidates for elective public offce. The dentistswere cautioned , however, about political activitieswhich directly involve persons subjectto licensure and review by the Board of Dentistry. The dentists sent letters , on personal stationery, to thousands of New Jersey licensed dentists, to solicit re-election campaign funds for a New Jersey Assemblyman. In May 1990, the Casino Control Commission (" ) requested CCC" an Advisory Opinion from the Commission as to whether certainpolitical activities, if engaged in by membersof the CCC would violate ethical restrictions contained in the Casino Control Act or the CCC'sCode of Ethics. Because this request
New Jersey UniformEthics Code , September 2006
involved a statutory interpretation , the Attorney General'sOffice was askedto review it. An Opinionwas received which stated that , giventhe directive in the Casino Control Act that the CCC promulgate a code of ethics modeled upon the Code of Judicial Conduct, it appeared that without a legislative change to the Casino Control Act, members of the CCC were prohibited fromthose political andpartisan activities that areprohibited by the Code of JudicialConduct. In Case No. 17- , a County Superintendent of Elections employee was advised that she was pennitted to ru for a council seat in a parisan political election because her responsibilities as Program Coordinator involved only student voter registration , the planing of educationalprograms and the handlingof press releases and correspondence. The employee had no responsibilties in connection with the election process. She was advised, however that she should have no involvement with student voter registration activities in the municipality in which she was a council candidate. , the Commission considered the effect of section 16(b)of the Conflicts Law on State officers and employees who serve as campaign treasurers. Section l6(b)prohibits State offcers and employees from representing, appearing for or negotiatingon behalf of, or agreeing to perfonn anyof those activities for, a pary other thanthe State in connection with any matter pending before any State agency. The Commission s precedent has established that signng reports , making telephone calls , attending meetings and/or responding to inquiries by a State agency on behalf of a third party are acts of representation. Campaign reports must be signed by the campaign treasurer and submitted to the Election Law Enforcement Commission ELEC" ), aState agency, and in the event of a complaint to ELEC, the treasurer would be required to appear in person or respond in writing to ELEC' s inquiry. Thus, a State officer or employee is prohibited from serving as a campaigntreasurer because the treasurer s duties include representing the campaign organization and/or the candidate before ELEC. In 1997, in Case No. 29-
In Case No. 07- , a County Superintendentof Elections employeewas advisedthat his proposed paricipation in his frend' s campaign for municipal offce was not appropriateunder the application of section 23(e)(5),activity which mightreasonably be expected to impair objectivity and independence of judgment , and section 23(e)(7),appearance of impropriety. In his offcial capacity, the employee supervised a staff of 53 employees represented the Superintendentof Elections at necessary functions and assisted voters and interested parties by providing requested records.
The employeeexpected to participate in the following political activities: door- to- door campaigning, participating in phone bank work, coordinating volunteers , giving instructions on election procedures , staffing the campaign headquarters, participating in voter registration drives , attendingrallies and fundraising events and preparing mailings to registered voters. In prohibiting the activity, the Commissionbalanced the State employee s interestswith the public interest in ensuring fair and unbiased elections. In Case No. 05- , the Commission considered an allegation that a Department of Community Affairs (" DCA" employee violated the Political Activities Prohibition of the DCA Code of Ethics whenher name and picture appeared on a campaign mailer for a local mayoral candidate. The campaign mailer prominently featured the State employee in
New Jersey UniformEthics Code, September 2006
her capacity as a fonner mayor. It did not mention her role with the State and did not reference any relationship between the municipality and the DCA. Section XI , Political Activities Prohibition, of the DCA Codeprovides as follows: An employeeshall not directly or indirectly use or seek to use his authority or the influence of his position to control or modify the political action of another person. employee during the hours of duty shall not engagein political activity; nor shall he at any other time paricipate in political activities, which would impair his usefulnessin the position in which he is employed. A State employee retains the rightto vote as he chooses and to express his opinions on political subjects and candidates.
The Commission dismissed the allegation, noting that Section XI of the DCA Code of Ethics specifically states that a Stateemployee retains the rightto express opinions on political subjectsand candidates. The State employee exercised that rightwhen she endorsed the candidate in his election campaign. Additional Restrictions. The Department of Personnelhas issued regulationsthat addressthe political activities of Stateemployees. These regulations , which reference the Federal Hatch Act , are not administered or enforced by the Commission and are printed here for the reader s infonnation and convenience. N.J.A. a.
4A:I0- 1.2 Political activity
No employeein the career or senior executive service shall directly or indirectly use or seek to use his or her position to control or affect the political action of another person or engage in political activity during working hours. SeeNJ.S.A. llA:2- 23.
b. No employee in the career, senior executive or unclassified services whose principal employment is connection with a program financed in whole or in par by Federal funds or loans, shall engage in any of the following prohibited activities under the Hatch Act (5 D. C. 1501 et seq. 1. Be a candidatefor public offce in a partisan election. This provision does not apply to the Governor the mayor of a city, the electedhead of an executivedeparment or an individual holding elective office where that office is the sole employment connection to federally funded programs; 2. Use official authority or influence that interferes with nomination for office; or
or
affects the results of an election or
3. Directly or indirectly coerce contributions from subordinates in support of a political party or candidate. c.
The offce of theSpecial Counsel of the United States Merit System Protection Board has responsibility for the investigation of HatchAct matters.
N.J.A.C 4A:2- 1 General provisions
b. An appointing authority shall not takeor threaten to take any action againstan employeein the career service or an employee in the senior executiveservice with career statusbased on the employee
New Jersey UniformEthcs Code, September 2006
pennissible political activities or affiliations. This subchaptershall also apply to State serviceemployees in the unclassified service who do not serve in policy-makingor confidential positions. July 1997 March 1998 September 2003 July 2004 June 2006
politics.doc
New Jersey UniformEthics Code, September 2006
STATE OF NEW JERSEY OUTSIDE ACTIVITYQUESTIONNAIRE Name: Work Address: Department:
Division/Bureau:
Telephone Number:
Civil Service Title:
Functional Title
(ifdifferent):
Job Duties: 1. Are you currentlyengaged in any business, trade, professionand/or part-time or full-time employment outside of or in additionto your State employment? If Yes, you must answer question 2. Yes 2. Name of Outside Employer( s) orBusiness(es). offcer.
Pleaseindicate if you are an owner, partner or corporate
Address: Type of Business: Describe responsibilities: Outside Employment(pleasespecify): Days Worked per Week: Hours Worked: Per Day
Per Week
Is your employment or business being performed for or with any other Department employee or official? Yes
Name of employee or official and title: Does your outside employment or business require/cause you to have contacts with other NJ State agencies, vendors, consultants or casino licenseholders?
New Jersey UniformEthics Code, September2006
Yes If yes, explain.
3. Do you hold a license issuedby a State agency that entitles you to engage ina particular business, profession, trade or occupation? If yes, type of license
Yes
When was license issued:
Active
4. Do you currently hold or plan to hold outside voluntary
position( s)?
Inactive Yes
If yes, explain 5. Are you an officer in any professional , trade or business organization?
Yes
If yes, explain 6. Are you serving inany public offce , or considering appointment or election to any public office? Yes What is the type of elective/ appointive position? What are your duties?
Hours engaged in elective / appointive activity: 7. Are any members of your immediate family employed by or, through partnership or corporate office holding an interest in any firm performing any service for the Stateof New Jersey or directly or indirectly receiving funding from the State? Yes
Family Member s
name
Nature of Employment
New Jersey UniformEthics Code, September 2006
Duration:
Permanent
Temporary
8. Are any members of your immediate family employed by a New Jersey casino or an applicant for a
casino license?
Yes Family Member s Name
Relationship:
Name of Casino:
I certify that this questionnaire contains no wilful misstatement of fact nor omission of material fact and that after it is submitted, any future activity subject to disclosure wil be reported before engage in such activity.
Signature of Employee
Immediate Supervisor Approved
Date
(checkone)
Disapproved
Signature: Date:
Comments and/or reason for disapproval:
Ethics Liaison Offcer
(checkone)
New Jersey UniformEthics Code, September2006
Approved
Disapproved Signature: Date:
Comments and/or
reason
for disapproval:
New Jersey UniformEthics Code , September 2006
Please provide the employee with a copy of the Approved/Disapproved Form. APPENDIX E
GUIDELINES GOVERNING
OUTSIDE ACTIVITIES
These Guidelines present a comprehensive overview of decisions and policies of the State Ethics Commission concerning outside activities , both compensated and uncompensated. The Commissionhas addressed outside activities under the application of standards embodied in the New Jersey Conflicts of Interest Law NJS.A. 52:13D- 12 et seq. sections 16 , representation, appearanceor negotiation regarding a proceeding pending before a Stateagency; 17.2(b), State employee/family member relationships with casino applicantsor licensees; 19 , contracts with State agencies; 23(e)(1),interest in substantial conflict with offcial duties; 23(e)(2),licensed or regulated activities; 23(e)(3), unwarranted privilege; 23(e)(5), employment or service reasonably expected to impair objectivity and independence of judgment; 23(e)(7),appearance of impropriety; 24 , receipt of thing of valuefor service related to official duties; 25 information not generally available to the public; and NJ. A.C. 19:61- 7(b),compensation for published works. Uniform Ethics Code. Pursuant to Section VI of the Uniform Ethics Code , State officers and employees must obtain the approval of the agency Ethics Liaison Offcer prior to engaging in any outside activity. An agency may find it administratively efficient to exempt disclosure of specific kinds of outsideemployment; for example , part-time work for businesses not related to the position of employment in the agency. Agency Code of Ethics. Each State agency is required to promulgate a code of ethics to address the particular needs and problems of the agency. The agencycode of ethics is a supplement to the Unifonn Ethics Code and may prohibit certain types of outside employment.
Outside activities disapproved by a State employees agency may be appealedto the Commission. Appeals should be directed in writing to the ExecutiveDirector, StateEthics Commission, 28 West StateStreet, P. O. Box 082, Trenton, NJ 08625. Review/Approval Process. The following issues must be examined by the agency Ethics Liaison Officer detennining whether an outside activity can be approved.Does the outside position require representation before a State agency? Does the outside position involve a casino licensee or applicant for a casino license? Doesthe outside activity involve contractingwith a Stateagency? Is there a significant overlap in the duties and responsibilitiesof the two positions? Does the State employee s agency have control , supervision or jurisdiction over the outsideentity? Does the outside entity receive grantsfrom or contractwith the State employee s agency? Does the outside activity involve a published work? Does the outside interest involve political activity? These Guidelinespresent summares past Commission cases , organized underthe questionslisted above. The casepresentations are solely to provide examples of outside activities that have been addressedby the Commission. Also included are general explanations of the statutory provisions applicable to outside employment/volunteer activities.
Does the Outside Position Require Representation Before a State Agency? Section 16(a)of the Conflicts Law prohibits a special State offcer or employee, or any partnership, firm or corporation in which he has an interest, from representing, appearing for , or negotiating on behalf of, or agreeing to perform any of the aforementioned , on behalf of any person or party other than the State in connection with any cause, proceeding, application or other matter pending before the particular agency in which such special State offcer or employee holds office or employment.
New Jersey UniformEthics Code, September 2006
Section 16(b)of the Conflcts Law prohibitsa State officer or employee, or any parnership, finn or corporation in which he has an interest, from representing, appearng for , or negotiating on behalf of, or agreeing to perfonn any the aforementioned, on behalf of, any personor pary other than the State in connection with any cause, proceeding, application orother matter pendingbefore any State agency.
Interest" is defined in section 13(g)of the Conflicts Law as (1)the ownership or control of more than 10% the profits or assets of a finn, association , partnership, or more than 10% of the stock in a for-profit corporation, other than a professional service corporation or (2)the ownership or control of more than % of the stock in any corporation which is the holder of or applicantfor a casino license or in any holdingor intennediar company with respect thereto. In the case of a professional service corporation, the provisions governing the conduct of individuals are applicable to shareholders, associatesor professional employees regardless of the extentor amount of their shareholder interest in such corporation. Section 16(c)sets forth exceptions to the general prohibitions of sections 16(a)and 16(b)' Those exceptions include matters (l) pending before any court of record in the State , (2)in regard to a workers ' compensation claim , (3) in connection with the detennination or review of transfer , inheritance or estate taxes , (4)in connection with fiing corporate or other documents in the Office of the Secretary of State , (5)before the Division on Civil,Rights (6)before the StateBoard of Mediation, (7) before thePublic EmploymentRelations Commission, (8) before the Unsatisfied Claim and Judgment Fund Board , (9)before any State agency on behalf of a county, municipality or school distrct or any authority, agency or commission thereof except where the State is an adverse party and provided the State employee does not hold office or employment in the State agency where the matter is pending. Engineers. In Case No. 93, the Commission was asked to consider the extent of the section 16(b)prohibiton in the case of a Department of Transportation ProjectEngineer. The ProjectEngineer requestedan opinion as to whether
his secondary employment performing dam inspections for private land ownersand completing reports to be submitted to the Department ofEnvironmental Protection and Energy (" DEPE" ) constituted representational activityprohibited by section 16(b). TheCommission determined that the preparation of thedam inspection reports, attendance meetings at the DEPE, telephone conversationswith DEPE employeesregarding the reportsand the submission correspondence to DEPE on behalfof clients constituted representational activityprohibited by section16(b)of the Conflicts Law. The Commission also determined that submission of the reports by the third-party clients would not mitgate the violation.
In several cases since 1993, the Commissionhas foundthat State employeeswho sign documents,make telephone calls or submit correspondence in connection with matters pending beforea Stateagency are in violation section 16.
Tax Preparers. The Commissionhas addressed the issue ofwhether a State employee s outside employmentpreparing State income tax returns is violative ofsection 16(b)ofthe Conflicts Law on a number ofoccasions (CasesNo. 619足 830- 79, 828908-80). In thesecases, the Commission permitted the Stateemployees to continue their outside employment as tax preparers, but advisedthem that they had an obligation to inform clients that in the eventof dispute, the State employees could not appear beforethe Division of Taxation or any other State agency. In 1993 the Commission revisited the issue , determinedthat the pre parer s signature on the Statetax return doesnot constitute representational activity,and confirmed its earlier rulings.
New Jersey Uniform Ethics Code, September 2006
Attorneys. In Case No. 48-89, a Member of the Statewide Health Coordinating Council (" SHCC' ') requested advice the Commission as to the applicabilty of Section 16(a)of Law to her situation. The Member theConflicts from secured employment in the health care departmentof a New Jersey law firmand asked what effecther employment with thefirmwould have on the firmand its clients. The firm , a partnership, represented providers ofhealthcare goods and services beforethe Department of Health , the SHCC, and otherrelated public bodies. The Members status with thefirmwas that ofemployee; she had no interest in the firmas defined in section 13(g)ofthe Conflicts Law.
16(a)prohibited her fromrepresenting, appearing for , or
beforethe SHCC. This prohibition did not extend to thelaw firmbecause the Memberhad no interest in the firm. The Commission advised the Member that section
negotiating on behalfofany party other than the State in connection with any matter pending
In Case No. 394- 76, the Commissionconsidered whether it would be a conflictof interest for a Project Specialist , Department of Health (" DOH" ), to maintaina part- time law practice out of hishome. In his offcial capacity, the employee was responsiblefor developing and evaluating a rate system forpayment ofhospital costs based on diagnostically related ilness. The Commissiondetermined that the DOH employee was permitted to engage in the outside practice of law with the understandingthat he refrain fromrepresenting any person or party, includingnonNew Jersey governmental agencies, in any case related to rate-settingin health carefacilitesor other providers medical care. This would avoid any possibilty that decisions or conclusionsrendered in such a case could be used to challenge the rate systems in New Jersey. The DOH employee had voluntarily agreed that he would not represent any health care facilitiesor other providers ofmedical care within the State while employed by the DOH In Case No. 355Administrative Assistant, Child Care Licensing Section, Division of Youth and Family Services, Departmentof HumanServices, the Commission determined that no conflictexisted between the Administrative Assistant s State position and his private law practice provided that he refrainfromoffering services in any child family,or licensing mattersin which DYFS was involved or might be involved.
Campaign Treasurer. In Case No. 29the Commission determined that, under the operation ofsection 16(b) the Conflicts Law , State employeesare prohibited from acting as campaign treasurers because campaign reports signed by themmust be submitted to the Election Law Enforcement Commission ELEC" (" ), and, in the event of complaint to ELEC,a State employee would be required to appear in person or respond in writing to ELEC' s inquiry.
Does the Outside Position Involve a Casino Licensee or Applicant for a Casino License? State Officer or Employee. A State officer or employee, other than a State officer or employee included in the section 17.2(a)definition of " person " may hold employmentwith the holder of or applicant for a casinolicense only if the Commission grants a waiver. A waiver of the prohibition canbe granted if, in the Commissions judgment , such employment wil not interfere with the responsibilities of the State offcer or employee and wil not create a conflct of interest or reasonable risk of the public perception of a conflct of interest. Waiversmay be soughtby contacting the Commission.
Members of the immediate family of a State officer or employee or of a person, may also hold employment with the holder of or applicantfor a casinolicense by obtaining a waiver from the Commission. immediate family member is defined as a spouse, child, parent or siblingresiding in the samehousehold. Family Members.
New Jersey Uniform Ethics Code, September 2006
Does the Outside ActivityInvolve Contracting With a State Agency? Section 19(a)of the Conflcts Law prohibits a State officer or employee or from entering into a contract, valued at $25 or more , with any State agency. A special State offcer or employee having any dutiesor responsibilities in connection with the purchaseor acquisition of property or servicesby the State agency is restricted from contracting with hislher agency. This prohibitionalso extends to parners or any corporation which the State officer or employee or special State officer or employeecontrols or in which he ownsor controls more than 1% of the stock. Section 19 exemptsonly three categories of contracts from this general prohibition: (1) contracts made after public notice and competitive bidding; (2) contracts that may be awarded without public advertising and competitive bidding pursuant to NJS. A. 52:34- 10 or similar provisions; and (3)contracts of insurance entered into by the Director of the Division of Purchase and Property, Deparent of the Treasur, pursuant to NJS. A. 52:27(b)足 62.
State employees must receive the approvalof the Commissionprior to contracting under any of the section 19(b)exceptions. The Commission has approved many requests over the years by State employees to bid on contracts that are subjectto public notice andcompetitive bidding. Such requests are generally approved if the contract question is not with the State employee s own agency. The Commission has relied on section 23(e)(7), the appearance section of the statute , in limiting a State employees participation in the contracting process when the contract is with hislher own agency. The Commissionhas also granted approval for contractsthat may be awarded without public advertising and competitive bidding pursuantto NJ.S.A. 52:34- , where the State employeeis the sole source of supply for paricular good or service.NJS. A. 52:34- 10 also exempts purchases from the federal or any State governent or any agency or political subdivision thereof; public exigency; contracts where more favorable tenns can be obtained from a primary source of supply; seasonalarticles or wearing apparel;where commodities traded on a national commodity exchange are to be purchased and fluctuations of the market require immediate action; or the equipment to be purchased is of a technicalnature and procurement without advertising is necessaryin order to assurestandardization of equipment and interchangeability of pars. In CaseNo. the Commission for the Blindand Visually Impaired CBVI") (" requested that the Commission approve an exception to section 19 to permit the CBVI to contract with a State employeefor the development of a computer software package. The Stateemployee was identifedby the CB VIas the sole source supply for generating this program. The Commissionapproved the contract, pursuant to NJS.A. 52:34足 , with the understanding that all work would be performed on the State employees own time and without the use of State resources.
In 1992 the Commissionconsidered whether a Department ofHuman Services caseworker could continue evaluations ofjuvenileinmates for theDepartment of Corrections DOC" (" ), CaseNo. 30-92.
performpsychosocial
The Commission determined that section19 permitted dual employmentby two diferentState agencies but did not permit personal servicecontracts. The Commissiondetermined that caseworker s arrangement with the DOC was personal service contract that did not fall within the exception ofsection 19(b).They noted that while it was a contract that could be awarded without public notice and competitive bidding, the authorityfor suchan award was N.J. S.A. 52:34- 9; section 19(b)only allows contracts whichare awarded pursuant to N.J.s.A. 52:34- 10. In Case No. 25- 94, the Commission considered whether a Statistical Engineer, Bureau of Materials Engineering, Department of Transportation, was permitted, under section19, to provide photography services to the
New Jersey UniformEthcs Code, September 2006
State Museum and other State agencies. The Commission determined that the Statistical Engineer could not contract photography work becausethe contracts were not subjectto public notice and with the State Museum to perform 10. competitve bidding and did notfallwithin the exceptions ofNJS.A. 52:34足
(" ) decisionthat a DHS In Case No. 15-99, the Commission affrmeda DepartmentofHuman ServicesDHS" fromserving as a pool attorney for theOffceofthe employee was prohibited, under section 19 of the Conflicts Law (" ). The OPD uses the services oflicensedNew Jersey attorneys to handle "pool" cases,cases Public Defender OPD or cases that employees of the OPD cannot handle because ofthe volume or backlog that have multiple defendants ofinterest. TheDHS employee appealed to the Superior Court, AppellateDivision, which upheld the work or a conflict Commission s decision. of the Conflcts Law, all occupational,trade, business, Licensed or RegulatedActivities. Pursuant to section 23(e)(2) or professional licenses issued by a State agency must be reported to the Commission. Such licenses include, but are real estate, insurance, private detective,and teacher. not limited to, attorney, physician, nurse, phannacist, engineer, the license is inactive, please so note. As is the case with any secondar employment activity, a State employee must receive the prior approval of the agency Ethics Liaison Officer prior to anyoutside use of a professionallicense. Is There a Signifcant Overlap in the Duties and Responsibilties of the Two Positions? In Case No. 40- 91, the Commission considered an appeal by the Director ofSocial Services, OffceofPublic Guardian("OPG ), Department Affairs DCA (" ), that her proposed pursuit of a private practice as an " Eldercare Consultant" was of Community incompatible with her State position of Director of SocialServices, OPG. The DCA Ethics Committeedenied the secondary employment based on the fact that the two positons dealt with the samegeneral area, the duties and responsibilites ofthe two positions were similar, and the possibilty existed that there were individuals , organizations, the ruling of the and entitiesthat the DCA employeemight deal with in bothpositions. The Commissionconfirmed DCA Ethics Committee. The Commissionreviewed the situation under sections 16(b),23 (e)(3),(5) and (7) of the Law. Conflicts
of interest for the Coordinator the Commission considered whether it would be a conflict In Case No. 769Government and Small Business Aids, Division ofEconomic Development, DepartmentofLabor and Industry, to serve as a trustee ofa local developmentcorporation designedto help small businesses on a local level. The Commission noted that it appeared that the Coordinator would beproviding on a local level the same service that he was authorized to offerin his State positon. Moreover, it would not be unreasonable to expect that he would review applications for State aid submitted by thesmall businesses he had assisted on a local level. The Commission determined that it would be a conflict for theCoordinator to hold his present State positon and concurrentlyserve as a trustee of the local in its determination. development corporation. The Commissioncited section 23(e)(5) In Case No. 1127- 82, the Commissionconsidered an appeal by theAssistant
Chiefof VitalStatistics and
DOH" ), froma determinationby the DOH that he should discontinue activites Registration, Department ofHealth (" The company sold vital records binders to in connection with a company owned by him and a co-worker. municipalities for useby local registrarsfor thepurpose offilingoriginal vital records. In his offcialcapacity, the and instructing local registrars in a number of mattersincluding State employeewas responsiblefor assisting maintenance ofvital records files. Hispartner had even more contact with local registrars in that he was responsible for supervising and training vital statisticsfieldpersonnel who provided technical assistance and guidelines to them. inspections ofoffcesoflocal registrars toensure compliance with federal He furtherwas responsible for conducting
New Jersey Uniform Ethics Code, September 2006
and State laws and to ensure the proper maintenance of records. TheCommission upheld the DOH's determination that the sales activityhad suffcient relationship to their offcialresponsibilties so as to come within the prohibition section
23(e)(5).
Does the State Employees Agency Have Control , Supervision or Jurisdiction over the Outside Employer? numerous cases , the Commission has detennined that State employees canot engage in secondary employment when their activities are subject to regulation or inspection by the agency for which they work. In Case No. 20-92, a Public Health Representative1, Offceof Emergency Medical Services OEMS" (" Division of Health Facilities Evaluation and Licensing (" ), Department of Health ("DOH" ), appealed DHFEL decision of the DOH Ethics Committee that her secondary employment as a per diem evening shif nursing supervisor at a local hospitalconstituted a conflict ofinterest with her Departmental employment. The OEMS is responsible for certifingand conducting routine inspections of hospitalbased Mobile Intensive Care Unit programs. In her capacity as an eveningnursing supervisor at the hospital the DOH employee was the on-site administrator in charge of thehospital during her shif. Shehad receivedapproval fromher supervisorprior accepting the outside employment. Subsequent to that approval , OEMS was transferred to the DHFEL. The DHFEL is responsible for licensing health facilitiesin the State and for conducting inspections of thefacilitiesto ensure compliance with statutory and regulatory requirements. The Commission foundthat the DOH Ethics Committee had balanced the integrity of the DOH' s inspection system against the employee s abilty to pursue part- time employment and affrmedthe ruling of the Committee and the policy prohibiting such activities. The Commissionreviewed the situation undersections 23(e)(5) and (7)ofthe Conflicts Law. In Case No. 26the Commission concurred with the Department of Law and Public Safetythat a Safety Specialist , Division or Motor Vehicles ("), couldnot engage in outside employment repairing small holes, chips DMV" and cracks in automobile windshields because his customers would be subjectto DMV inspection. In Case No. 24- 97, a Conservation Offcer III Division of Fish, Gameand Wildlife, Department Environmental Protection (" ), appealed the DEP' s denial ofhis secondary employment request to participate in DEP the commercial harvest ofeels/elvers. The DEP, through the Division , regulates and oversees New Jersey freshwater fisheriesand regulates the commercial harvest ofelvers. TheDEP employee, in his offcialcapacity, spentbetween 40 and 60 percent of hisenforcement hours working on elvering enforcement during the season. The Commission concurred with the DEP's decision that the employee be denied permission to engage in the commercialharvest eels/elvers. The Commission reviewed the situation under sections 23(e)(1), Law. (4),(5),and (7)ofthe Conflicts
Does the Outside EntityReceive Grants from or Contract with the State Employee s Agency? In July 2000, in Case No. 20- , the Commission detennined that , in the absenceof enabling legislation , code of ethics or other applicable guidelines , regulations, or policies that prohibit such activity, that all outside employmentsituations involving grant or contractual relationships take into account the following factors, in addition to the other factors set forth in these Guidelines, in determining whether approval maybe granted.
Whether the position in question was created as a result of the State grant or contract.
Whether the State employee is in a policymaking or decisionmaking position.
New Jersey UniformEthics Code, September 2006
Whether the State employee had any involvement in the drafting or review of the RFP, the awardof the grant negotiation of the contract , or has oversightresponsibilities in connectionwith the grant or contract.
Whether the State employee, in hislher offcial capacity, has authorityto refer clients to the outside entity. Whether the outsideposition is in the same geographic area as the employee s State position. Whether the State employee has had or can be expected to have any official interaction with the grant recipient contractor in hislherofficial capacity. In Case No. 20- , the Commissionnoted that its previous decisions regarding special State officers remained unchanged. Board and commission members make policy, establish grant criteria , review proposals , make decisions oversee , special State officers grants and can be expected to have official interaction with the grant recipient(s). Thus canot represent parties before their agencies, cannot receivefunding, directly or indirectly, from their agencies , and canot provide services for agency-funded programs. Published Works. Under N. C. 19:61- 7(b),section 24 of the Conflcts Law, andCommission precedent, a State employee may accept compensation for published works under the following conditions.
There is no prohibition governing such activity in the Department's enabling
legislation or Code of Ethics.
The State employee must obtain prior approval from hislher Department head. The published work must not use or disclose infonnation not generally available to the public. The State employee must not use State time or resources in connection with the published work.
The State employee must not use hislher official title in connection with publication or promotion of the
published work.
The State employee cannot promote advertise or solicit sales of the published work to co-workers or individuals with whom he/she has official dealings.
The State employee may not contract to sell the published work to the State except in compliance with section 19 of the ConflictsLaw. The published work must not have been prepared as part ofthe State employee s offcial duties. In addition, under the current rule , the receipt of compensation from is a factor to be consideredin deciding whether to grant approval.
an " interested
party" is not prohibited, but
In Case No. 255the Commissionconsidered whether employeesof thePublic Broadcasting Authority PBA ") couldreceive a compensation feefor journalisticwork used on a commercialstation. Various journalists
employed fulltime by the PBA were approached for theuse of news items that they wrote during the hours that
they
New Jersey Uniform Ethics Code, September 2006
were employedby the State. These scripts, filmsor tapes were being usedon commercial TV channels. The commercial stations wished to compensate the journalistsfor the use oftheir work. The Commissiondetermined that it would be a violation ofsection 24 of the Conflicts Law for Stateemployees to receive compensation fromany source other than the Statefor news items created as part oftheir offcialduties. In Case No. 84, the Commission foundthat the SupervisingProgram Development Specialist , Bureau Research, Division of Youth and Family ServicesDYFS' (" '), Department of Human ServicesDHS' (" '), couldnot accept a cash award froma gerontological societyfor a paper prepared by him as a D YFS employee.
The DHS wasawarded a grant to study abuse of theelderly. Because of hisexperience in the field gerontology, the State employee was assigned the task ofpreparing a paper on the subjectas part ofhis offcialduties. The paper was prepared entirely on State time with grant monies administered by the State. The State employee then submitted the paper for consideration for anannual researchaward and wasthe recipient of that award. The Departmental Ethics Review Board concluded that the acceptance ofthe cash award was violative ofthe Department Code of Ethics. The Commission noted that the employee had solicited the award and affrmedthe DHS' determination. The State employee appealed the Commissions decision to the Superior Court , Appellate Division, which upheld the Commission s determination. In 1997 the Department ofLaw and Public Safety requested an opinion as to whether a Division ofLaw Deputy Attorney GeneralDAG' (" ') waspermited to co-author a book aboutpsychics and theparanormal, CaseNo. 3- 97. The DA wanted to write the book in herprivate capacity and use her married name(sheis known by her maiden name in her employment with the Department). The Commission determined that the DA was permitted to co-author conditions: that she not referto her status as a DAG or member ofthe Department; that the book under the following she not permit the use ofher title or employmentin connection with publication or promotion ofthe book; that she not write about an activecase or use information not generally available to the public; that she avoid any legal analysis that could beinterpreted asDivision ofLaw work product; thatshe not use State time or resources in connection with
her outside activity. the Commission determinedthat the Managing Actuary, Division of Lifeand Health and InsuranceDOB!"), (" was permitted to co-author and market a studyguide utilized by students preparing to take the Society of Actuaries SOA" examination under the Commissions rules, (" ) professional precedent , the Conflicts ofInterest Law andthe DOBI Code ofEthics. In approvingthe activity,the Commission took into account the following factors: the study guide is sold nationally and not just to New Jersey exam registrants, the In Case No. 34Department of Banking
employee co-authored the book while at Temple, uses only his name and not his offcialtitle in connection with the study guide and does not directly solicit regulated entities.
Additional examples of published works situations that have been addressed by the Commission can be found under "Published Works " at http://ni.gov/ethics/statues/guide/published works. html
Political Activity. The Commissionpermits involvementin partisan political activities provided that there is no provision in the agency code of ethics prohibiting such activities. State employees, however, may not use State time or State resources in pursuit of such activities andmust notifytheir Departmental Ethics Liaison Offcer. The Department of Personnel has issued regulations that address the political activities of Stateemployees. These regulations, which reference the Federal Hatch Act, are not administeredor enforced by the Commission.
New Jersey UniformEthics Code, September2006
In Commission Case No. 435- 77, the Commissiondetermined that a Department of Health employeewas permitted to serve as chairman or co-chairmanof a public employees ' committee in support of a gubernatorial candidate. TheState employee was cautioned that he must not use or attempt to use his offcialposition to secure unwarranted privileges or advantages for thecandidate of his choice. Further, he must be carefulnot to permit his political activites toconflict with theproper dischargeofhis duties in the public interest.
In Commission Case No. 34two members ofthe Board ofDentistry were advised that NJ. S.A. 52: 13D足 expressly permits the solicitation and acceptanceof campaign contributions for announced candidates for elective public offce. The dentists were cautioned, however, about political activites whichdirectly involve persons subject licensure and review by the Board ofDentistry. The dentists sent letters, on personal stationery, to thousands ofNew Jersey licensed dentists, to solicit re-election campaign fundsfor aNew Jersey Assemblyman. Additional examplesof political activity situationsthat have been addressed by the Commission can be found under "Political Activities " at http://ni.gov/ethics/statues/guide/political activities. html Prohibited Outside Activity Certain Officials. Section 24d. (l) of theConflcts Law prohibits certaindesignated State officers from soliciting, receiving or agreeing to receive , whether directly or indirectly, any compensation , salar, honorarum , fee, or other fonn of income from any source , other than the compensation paid or reimbursed to himler by the State for the perfonnanceof official duties, for any service, advice, assistance, appearance, speechor other matter , except for investment income from stocks , mutual funds, bonds, bank accounts , notes , a beneficial interest in a trst , financial compensation received as a result of prior employment or contractual relationships , and income from the disposition or rental of real property, or any other similar financial instrment and exceptfor reimbursementfor authorized travel.
For the purposesof this provision, designatedState officer includes: the Governor , the Adjutant General , the Secretary of Agrculture , the Attorney General , the Commissionerof Banking and Insurance , the Secretaryand Chief Executive Officer of the Commerce and Economic Growth Commission, the Commissioner of Community Affairs, the Commissioner of Corrections , the Commissionerof Education, the Commissioner of Environmental Protection, the Commissioner of Health and Senior Services , the Commissionerof Human Services , the Commissioner of Labor and Workforce Development, the Commissionerof Personnel, the President of the State Board of Public Utilities, the Secretary of State , the Superintendentof State Police, the Commissionerof Transportation, the State Treasurer , the head of any other departmentin the Executive Branch, and the following membersof the staff of the Office of the Governor: Chief of Staff , Chief of Managementand Operations , Chief of Policy and Communications, Chief Counsel to the Governor Director of Communications Policy Counselor to the Governor and any deputy or principal administrative assistant to any of the aforementioned members of the staff of the Office of the Governor. Note also that , pursuant to Section X of the Unifonn Ethics Code, an agency head or assistant head is prohibited from engaging in any private business transactions with any employee of his /her agency. General Caveats. The Commissiongenerally provides the following advice to individuals with approvedoutside activities. State time cannot be used for outside activities. State resources , including but not limited to telephones facsimile machines. e-mail, copy machines, mail service and offce supplies , cannot be used for outside activities. Coworkers and/or individuals with whom the State employee comes in contact in his/her offcial capacity cannot be solicited as clients for outside activities, including but notlimited to real estate services , cosmetic sales , consulting
New JerseyUniformEthcs Code, September 2006
services, and legal services. State employees are also prohibited from referrng clients to anyfinn with which theyare associated. September 2004 June 2006 August 2006 outsideactivity.doc
New Jersey UniformEthics Code, September 2006
APPENDIX F
Blind Trusts 1. For those situations where a blind trust may be utilized by a State officer or employee or special State officer or employee, hislher spouse or domesticpartner or dependent children, and approved by the Commission, such trust shall contain the following characteristics: a. The trust shall not contain investments or assets in which the holder s ownership rightor interest is required to be recorded in a public office or those assets whose pennanency makes transfer by the trustee improbableor impractical; these investments or assets would include, but not be limited to, businesses , real estate , security interestsin personal property and mortgages;
b. The trust shall contain a clear statement of its purpose , namely, to remove from the grantor control and knowledge of investment of trust assetsso that conflicts between grantor s responsibilitiesand duties as a public employee public officer and his or her private business or financial interests wil be eliminated; c. The trust shall be irrevocable , and shall be tenninated only upon the death of the public employee or public offcer or upon termination of his or her status as a public employee or public offcer whichever shall first occur;
d. The trusteeshall be directed not to disclose to the grantor any infonnation about any of the assets in the trust; e. The trusteeshall be required either to:
(1) prepare and file the grantors personalincome tax returns, withholding from distribution of the trust's net income amounts suffcient to pay the grantors tax; and further to participate in the audit of the grantors returns during the period of the trust with authority to compromise the grantor s tax liability; or
(2) submitto the grantor , for
income tax purposes,
a
certification of income paid without
identifying the assets
producing such income;
f. Among its other powers , the trustee shall have authority to detennine whether any of the assets originally transferred to the trustee are to be sold and , if so, when; g. A provision shall be includedin the trust agreementprohibiting the trusteefrom investing the trustproperty in
corporations or businesses which do a significant amount of business with the State of New Jersey or from knowingly making any investmentin a corporation, business or venture over which the grantorhas regulatoryor supervisory authority by virtueof his or her officialposition; h. The grantorshall retain no control over the trustee nor shall he or she be permitted to make any recommendations or suggestions as to the trust property; i. The trustee shallbe a commercial trustee and not a natural person;
New Jersey UniformEthics Code, September 2006
j. Theprincipal benefit to be retained by the grantor shall be the rightto receive income from the assets transferred the trst; k. The trst shall not become effective until submittedand approved by the Commission; and 1. The trust agreement shall provide the trustee wil give the Commission accessto any records or infonnation related to the trust which is necessar for the perfonnance of the Commissions duties. 2. A copy of the executed blind trust agreement shall be filed with the Commission and with the head of the deparent in which the State officer or employee holds hislher position. If the grantor is the head of the deparent , a copy of the executedblind trust shall be filed with the Chief Counsel to the Governor. Attached to such copy shall be a
brief statement outlining the business or financial interests from which the State officer or employee seeks to remove himselflerself and the actual or potential conflcts of interest, or appearance of such conflicts , which he/she seeks to avoid by use of the trust agreement. Blind Trust.doc
New Jersey Uniform Ethics Code, September 2006
G-l APPENDIX G
GUIDELINES GOVERNING
THE USE OF OFFICIAL STATIONERY
State offcers and employeesand special Stateofficers and employeesfrequently write letters for varous about the propriety of letters written on State purposes which are not always related to their official duties. Questions or employee or another individual or entity have been addressed stationery to further the personal interest of the offcer , the Commissionhas established the following to the State Ethics Commission. To help resolve these questions Guidelines to clarfythe use of official stationery for purposes otherthan the conduct of a State agency s business. Permissible Usesof Official Stationery
The Commission has determined that the following uses of State stationery are generally pennissible: 1. To recommenda current or fonner employeeor colleague for another position, admission to a school or program , etc.
Example: Recommendinga subordinate for admission to graduate school. 2. To respond to inquiries from a private entity about a current or former employee or colleague.
Example: Providing acharacter reference for an employee to an adoption agency during the course of the employee application to adopt a child. Note: These pennissible uses are only acceptable so long as the use of official stationerydoes not create an impression that the State officer or employeeis engagedin an unwarranted use of his or her position. For example, it would not beappropriate for a State employee to recommend an individual for inclusion in a program over which the State employee has supervisory or regulatory authority. In addition , there must be a reasonable connection between the
offcer s or employee s official duties and the use and purpose of the letter.
New Jersey Uniform Ethics Code, September 2006
G-2 Impermissible Usesof Official Stationery The Commissionhas detennined that the following examplesrepresent clearly impennissible uses of State stationery: 1. To promote a candidate for electiveoffice.
Example: Writing an endorsement of a candidatefor the legislatuefor inclusion in a campaign pamphlet. 2. To endorsea State vendor or contractor. Example: Writing a letter of general recommendation for a State vendor for disseminationby the vendor. Note however, that a lettercomplimenting the vendor for a job welldone may be acceptable even thoughthe vendor may later display the letter. 3. To express a personal opinion on a matter that is not related to one s offcial duties.
Example: Sending a letter to the editor of a newspapercommenting on a matter that is not related to the duties of the State officer or employee or his or her agency. 4. To securea personal financial gain or pursue a vested interest for one s self.
Example: Writing to a
private contractor (plumber , electrician) demanding a refund or a reduction in a quoted price.
Personal Stationery Imprinted with Agency, Offce or Title
The Commissionhas detennined that use of personal stationery imprinted with the agencyoffce or title of a State officer or employee, even thoughpaid for personally, is impennissible. Such stationery may create the appearance of official stationery or may create an impression that the State officer or employee is acting in an official capacity. The Commission acknowledges that there are occasionswhen it may be appropriatefor a State offcer or employee to identify himself or herself by position or title in correspondence on personalstationery (i., stationery bearing the individual's name and home address).
New Jersey Uniform Ethics Code, September 2006
G-3
Agency Use of Official Stationery for Solicitations 1. State agencies shall not solicit contributions of any kind from vendors to the agency or from entities regulated by the agency. 2. Solicitation of any other entities is subjectto review andapproval by the agency s Ethics Liaison Officer prior to any contact by the agency. The Ethics Liaison Officer must be advisedof the purose of the solicitation, the expected result, the identities of the entities to be solicited , whether there is any personal connection between the agency employees and the solicited entity, and must be provided with a sample of the solicitationletter. 3. The EthicsLiaison Officer should detennine whether the solicitation would be problematicunder the Uniform Ethics Code, the agencys code of ethics, the Conflicts of Interest Law, any Guidelines promulgated by the Commission , and/or any statutoryprovisions dealingwith chartable contributions. The Ethics Liaison Officer should consider such factors as whether the agency has any business contacts with the recipients of the solicitation whether any solicited products or services will directly benefit any agency employees, whether the solicitation is of such magnitudethat it could be burdensometo the recipient, and whether the languageof the solicitation is coercive. 4. The Ethics Liaison Officer shall copy the Commission on all detenninations regarding solicitations.
Circumstances that do not fall within the pennissibleor impennissible examples above require an individual detennination by the Commission. Questions and inquiries should be addressed to: State Ethics Commission , P. Box 082, Trenton , New Jersey 08625- 0082; (609) 292足1892. Adopted at the Commission public meeting on October l7 , 1991; amended February 20, 1992; June 1 2006 Guidstat.doc
New Jersey UniformEthics Code, September 2006
APPENDIX H
POST- EMPLOYMENT RESTRICTIONS NEW JERSEY CONFLICTS OF INTEREST LAW
This memorandum presentsa comprehensive overview of the State Ethics Commissions decisions, policies and guidelines concerning the post-employment provisions of the Conflicts Law. Presented below are general explanations of the statutory provisionsas well as summares of past Commission cases. The case presentations are designed only to provide examplesof post-employment issues that have been addressedby the Commission. Specific questions regarding a paricular situation should be addressed directly to the Commission. The sections of the Conflcts Law covering post-employment are NJ. S.A. 52: 13D- , the general prohibition and 17.2(c),the casino post-employment restriction. In addition, the Uniform Ethics Code contains a one-year ban on certain State officials' interactions with their fonner agencies. NJS.A. 52: 13D-17 provides:
No State officer or employeeor special Stateofficer or employee, subsequentto the tennination of his office or employment in any State agency, shall represent , appear for negotiate on behalf of , or provide infonnation not generally available to members of the public or services to , or agree to represent, appear for, negotiate on behalf of , or provide infonnation not generallyavailable to members of the public or services to , whether by himself or throughany parnership, finn or corporation in which he has an interest throughany parner , officer or employee thereof , any personor party other than the State in connection with any cause, proceeding, application or other matterwith respect to which such State officer or employee or special Stateofficer or employee shall have made any investigation, rendered any ruling, given any opinion , or been otherwise substantially and directly involved at any time during the course of his office employment. Any personwho willfully violates the provisions of this section is a to a fine not to exceed $1000 or imprisonment not disorderly person, and shall be subject to exceed six months, or both. In addition , for violations occurrng after the effective date of P.L.2005, c.382 any fonner State offcer or employee or fonner specialState officer or employee of a State agency in the Executive Branch found by the State Ethics Commission to have violated any of the provisions of this section shall be assessed a civil penalty of not less than $500 nor more than $10 000 which penalty may be collected in a summary proceeding 10 pursuant to the "Penalty EnforcementLaw of 1999 " P. L.l999 , c.274 (C.2A:58足 seq.
N.J.s.A. 52:l3D-
13(g)defines "interest" as:
Interest" means (1)the ownership or control of more than lO% of the profits or assets of a firm, association or partnership,or more than 10% of the stock in a corporation for
profit other than a professionalservice corporation organized under the "Professional
New Jersey UniformEthics Code, September 2006
Service Corporation Act " P. L. 1969, c.232 (C. 14A:17-1 et seq.); or (2)the ownership or control of more than 1% of the profits of a finn, association, or parership, or morethan % of the stock in any corporation, which is the holder of , or an applicant for, a casino license or in any holding intennediary company with respect thereto as defined by the Casino Control Act " P. L. 1977, c.110 (C. 5:12- et seq.). Theprovisions of this act governing the conduct of individuals are applicable to shareholders associates professional employees of a professionalservice corporation regardless of the extent or amount of their shareholder interest in such a corporation. APPLICATION OF SECTION 17- GENERAL POST- EMPLOYMENT PROHIBITION Specifc Cause, Proceeding, Application or Other Matter
Section 17 prohibits a fonner State offcer or employee or special State officer or employee from representing, appearng for, negotiating on behalf of, providing information or servicesnot generally availableto the public or agreeing to perfonn any of those activities for any party, other than the State, in connection with those causes proceedings , applications or other matters in which the officer or employee had made any investigation , rendered any ruling, given any opinion or been otherwise substantially and directly involved while in State employment. There is no time limit on this prohibition. It is important to notethat these restrictions apply to specific causes , proceedings, applications or other matters. This restriction does not extend to " detenninations of general applicability or thepreparation or review of legislation which is no longerpending before the Legislature or the Governor." In addition , the Commission detennined In the Matter of Walter 1. Maibach Case No. 179- , that a regulation enacted pursuant to rulemaking authority is analogous to legislation and , in accordance with the definition of section 13(h),is not a "matter " when it is no longer pending. Whether a cause , proceeding, application or other matter at issue in a post-employment question is categorized as specific or general is a determination made by the Commission on a case- by-case basis. Questions about the natue of matters with which employees had involvement during the course of their official duties shouldbe directed to the Commission. Substantial and Direct Involvement In certain situations it may be diffcult to determine whether a former State officer or employee or special State offcer or employeewas " substantially and directly involved" in a certain matteror whether such offcer or employee had merely beentechnically or formally involved. Such detenninationsare made as individual cases arise. In considering whether a fonner State employee had substantial and direct involvement in a matter, the Commission has typically reviewed suchfactors as whether the individual had supervisoryresponsibility, provided input , submitted reports , signed contracts on behalf of the agency, attended meetings, approved applications, had access to confidential infonnation , or was directly involved in decisionmaking. Providing Information Not Generally Available to the Public
Section 17 prohibits fonner State officers and employees or special State officers or employees from providing information not generally availableto the public. The Commission normally solicitsinput from the fonner officer s or
New Jersey UniformEthics Code, September2006
employee s agency and also considerswhether the informationis available underthe Open Public Records Act N.JS. 47:1A- 1 et seq. Application of Restriction to Partnership, Firm or Corporation
The restrctions contained in the Conflcts of Interest Law apply to the parnership, finn or corporation under the following circumstances:(l) if the former Stateoffcer or employeeor special Stateoffcer or employeeis a shareholder , associate or professional employee of a finn organized as a professional service corporation or (2) if the former State officer or employee or special State officer or employee owns or controls more than lO%of the stock of a corporation or more than 10% of the profits or assets of a finn, association or partnership. The post-employmentrestrictions extend , therefore, to fonner State officers or employeesand specialState offcers or employeespersonally and to any employees or officers of any professional service corporation with which he/she is employed or associatedor is a shareholder. In addition, the restrction also extends to those employees officers of parnerships, finns or corporationsin which the fonner State officer or employee or special State officer or employee has more than lO% ownershipor control. If a fonner Stateofficer or employeeor special Stateoffcer employee is employed by a company in which he/she does not have more than a 10% interest, and the company is not a professional service corporation , the restrictions contained in the Conflicts Law pertain to hirner personally but do not extend to the corporation by which he/she is employed.
Penalty Section 17 of the Conflicts Law was amendedin 2006. For violations occurrng after the effective date of the amendment , March 15, 2006, any fonner Stateofficer or employeeor fonner specialState officer or employee of a State agency in the Executive Branch found by the Commissionto have violated any of the provisions of section 17 shall be assessed a civil penalty of not less than $500 normore than $10000. In addition, the fine for a violation of section17 that is punishable as a disorderly persons offense was increased from $500 to $1 000.
SAMPLE GENERAL POST- EMPLOYMENT CASES ADDRESSED BY THE COMMISSION Employment With a Firm With Which State Offcer or Employee Has Contact in His/Her Offcial Capacity The Commissionhas addressed the issue of employment with a firm with which a State officer or employee or special State officer or employee has contact in hislher official capacity on numerous occasions. Listed below are some examples. In 1979 , the State employee , a Highway Supervisor , Division of Design at theDepartment of Transportation DOT" ) requested pennission to accept a position with a firm with which he came in contact in his official capacity. The Division of Design was responsiblefor all phases of projectsinvolving bridges, drafted the actual contract agreement , supervised its administration, and acted as liaison between the consultant and the Department. The actual choice of the consulting firm was the responsibility of the ContractSelection Committee which was separate and apart from the Division of Design. The employee wasnot a member of the Contract SelectionCommittee.
New Jersey UniformEthics Code, September 2006
The Commission detennined that it would not be a conflict of interest for the employee to accept a consultant position with the finn. He was, however, pennanentlyrestrcted from representing, appearng for or negotiating on behalf of the finn on any matter in which he had been substantiallyand directly involved duringhis State employment. that The Commission requested that as amember of the consulting finn, he refrain from workingon any bridge projects were before the DOT while he was a State employee. There were no restrictions on his paricipation on behalf of the consulting firm on new matters. In the Matter ofGary Case Commission Case No. 763-79. In 1980, a Deparment of Energy employee received an offerof employment from a subcontractorwith whom the subcontractoron " walk she had interactionin her official capacity. The interaction included accompanying for grants from the Deparmentand auditing and monitoring the statusof grant " of institutions applying throughs applications.
The Commissionreviewed the matter under the section17 post-employment restrction and also considered whether the employeehad exercisedan unwarrantedprivilege prohibited by section 23( )(3) of the statute. The the employee had some involvement and contact with the subcontractor in her Commission detennined that although official capacity, there did not appear to have been any substantial and direct involvement in a specific matter by the employee during the course of her employment. As to the unwaranted privilege provision the Commission determined that since the employee did not solicit the position with the subcontractor but rather was approached by the subcontractor and immediately contacted her supervisor regarding the offer of employment, no unwarranted privilege existed. In the Matter ofFrances Kelly, Commission Case No. 875-80. In 1990, the Commissionconsidered a situation in which the Stateemployee was offered a position as vicepresident of Facilities Maintenance for a constructionmanagement and development company. As a State employee in the Bureau of Lease Construction , Department of the Treasury, andhad been the individual hadbeen an engineer involved in monitoring construction at 2 of the l4 properties owned by the company and leased to the State.
The Commission discussed whether there was an improper "revolving door" appearance to the employee being offered the position. Upon learing that the developmentcompany had solicited the employeefor the vice-president position and that the employeehad not soughtthe position, the Commissionconsidered the appearance issue to resolved. TheCommission then determined that section 17 did not bar the employment with the development company but that the employee could not representthe company with respect to the two properties with which he had involvement as a State employee. In the Matter ofLewis Ischinger Commission Case No. 5-90. Matters Pending Before Former Employee s Former Agency
Former State offcers and employees or special State offcers or employees are not prohibited from working on matters that originatedin their fonner agenciessubsequent to their leaving State serviceso long as they had no substantial and directinvolvement in those matters. In 1974, the fonner Acting Directorof the Division of Water Resourcesin the Departmentof Environmental Protection DEP" (" ) requestedan opinion from the Commissionas to whetherhe could acceptemployment with a consulting firm that had several matters before the Division. These matters included a stream encroachment permit
two water pollution control perits , a loan offer and grant offer.
New Jersey UniformEthics Code , September 2006
The Commission determined that since the Acting Director s signature appeared as approving the two water pollution control pennits , the loan offer andthe grant offer, he was precluded frombecoming involved in those matters during his employmentwith the finn. Because he was not involved with the stream encroachment pennit , the Commission foundthat it did not fallwith the section 17 prohibition. Advisory OpinionNo. 23. In 2001, the Commissionconsidered whether the fonner Administrator , Office of Finance and Management, Division of Solid Waste, DEP , was permitted to representABC in connection with efforts to obtain a solid waste facility pennit to operate a transfer station. In 1994, XYZ had filed an applicationwith the Division for a solidwaste facility pennit to expand its then operating transfer station and materials recovery facility. Staff who reported to the fonner Administrator reviewed the application and prepared a draft pennit. A publichearng on the draft permit was held in July; the fonner Administrator acted as the hearng examiner.In August , the final pennit wasissued under the fonner Administrator signature, with an expiration dateof August 2000. In 1995, the pennit was fuher modified to include a recycling operation. Themodification was issued under the fonner Administrator s signature; his employment with the Division and with the State tenninated in March 1997.
XYZ filed a pennit renewal application in the spring of 2000 and that application was pending with the Division at the time of the Commissions review. ABC was in the processof purchasingthe assetsof XYZ and wished become the owner/operator of the transfer station. The fonner Administrator , or the finn with which he was currently associated , wanted to represent ABC in its efforts to obtain a solid waste facility pennit to operate the transfer station. The Commission detennined that the ABC permit application was a new matter for the purposes of section 17. The XYZ permit was not transferable. When the sale ofXYZ' s assets to ABC took place, the existing pennit would be revoked and ABC would then be required to comply with DEP regulations applicable to new pennits. In the Matter Robert C. Ciolek Case No. 39- 01. Employment by Entities Contracting With Former Agency In 1972, the former Chief of the Bureauof Financial Aid at the Departent of Community Affairs (" DCA" requested permission to accept employment with the City of Orange whose program he was responsible for coordinating during his tenure at the DCA. The employeemade the contract arrangementswith the city for funding from DCA; however, he did not sign off on the pending contracts.
The Commission detennined that the fonner employee made the contract arrangement for funding by the DCA and that such activity on the part of the employee constituted direct involvement within the meaning of section 17. All monies for administeringthe municipality s program came from the DCA. Advisory Opinion No. Subsequent to the renderingof Advisory Opinion No. the contractin which the fonner BureauChief was originally involved expired. A new contract betweenOrange and the DCA was ready for execution. Orange wished engage the former Bureau Chief under this new contract. TheCommission soughtadvice from the Attorney General's Office. In AttorneyGeneral Opinion M72- 0414 , it was determined that the employment of the fonner Bureau Chief by Orange under a newly executed contract would not violate section l7. The Opinion noted that when the new contract is signed, the direct connection between the funded program and the fonner employee is severed. The Opinion further
New Jersey Uniform Ethics Code , September 2006
stated that "tennination of the contract in which the former employeewas directly involved appearsto be the reasonable point at which the restrction upon the fonner employees post-employmentactivities shouldalso be tenninated. " In subsequent cases , the Commissionhas affirmed its position that a new contractis a new matter for the In the Matter ofMichael puroses of the post-employment restriction. (Inthe Matter ofRose Zeltzer Case No. 303). Case No. 35of Patricia A. Stolpe Rowe, Case No. 2- In the Matter In 1980, the Commission issued two advisory opinions dealing with employment by entities receiving fuding from a fonner agency and distinguished the cases based on the " substantial and direct" involvement criteria ariculated
in the statute. In the first instance, the Commission addressed a situation that involved an individual who worked for the State SLEP A") as a Senior Planer. During the courseof his employment, he had Law Enforcement Planing Agency (" offcial associations with a County Director of a Planning Board who was anxious to participate in a SLEP A Planing the countys interest in the Program. The Senior Planneradvised the Director to send a letter to SLEPA stating program , which the Director did. Several months subsequent to receiving informationfrom SLEP A, the Director submitted an application seeking SLEP A funding for his County Planing Program. The SeniorPlaner then assisted the Director in completingthe application by providing data relative to the program and , in paricular , to the county personnel and financial needs. The Senior Planner then becameinterested in the position that was funded by the SLEPA grant. The Commission determined that since the individual was substantially and directly involved in the awarding of the SLEP A grant, he was precluded from such employment due to the post-employment restriction. Advisory Opinion No. 37.
who had The Commission considered two related requests for advice involving fonner SLEPA employees SLEP A grants. The individuals county agencies receiving accepted or desired to accept positions of employment with in their capacities as State employees , had no involvement in processing or otherwise acting upon the grant applications of the county agencies that later became their employers. The Commission determined that the employmentwas not proscribed as the fonner State employees were not substantially and directly involved in thesematters during the courseof their State employment. The Commission determined that , in and of itself , a grantor-grantee relationship between an individual's fonner Stateagency and his situation within the subsequent non- State employernormally does not giverise to a prohibited post-employment framework of section 17. The Commission noted that, of course, the applicability of the post-employment restriction of the Conflicts Law to any givensets of facts and circumstances ultimately can be determined only by direct inquiry the Commission. Advisory Opinion No. 39. Multi- faceted
Projects
that are of long duration or The Commission has considereda number of cases involving multi-faceted projects for the purposes of the post-employmentrestriction. sequential in developmentand has declinedto segment the projects
New Jersey UniformEthics Code, September 2006
In 1998, the Commission was askedwhether modifications to an RFP constituted a new matterfor the purposes of the post-employment restrction. The fonner employeesacknowledged that they were substantially and directly involved with the original RFP during their State employment. However, they advancedthe position that the modified RFP was a new matter because the earlier RFP intended thatthe work be accomplished through the mandatory use of a paricular system. The useof that systemwas not mandatory in the later RFP on which they bid. The Commission found that the utilization of alternate methodologies to accomplish projectgoals does not constitute a new matter for the purposes of the post-employmentrestrction. In the Matter of Linda Anselmini and Lora Levosky, Commission Case No. 22- 98. In 1999
, the Commission consideredwhether the former State employees post-employmentactivities in connection with the closure of several contaminated sites were violative of section 17. The Commissiondetermined that the fonner employee was substantiallyand directly involved in the closure while he was a DEP employee based on a sizable record indicating his participation in meetings and correspondence dealing with specifics of the closure. With respect to the matter, the Commissionhad to detennine whether the matter involved the entireclosure process whether the closure process should be segmented based on changes in regulations and modifications in the technologies applied to the site. After an extensive review, the Commissiondetennined that the closureprocess should not be segmented for the purposesof the post-employmentrestriction and, thus, detenninedthat section 17precluded the fonner employees involvement in the closure on behalf of his employer. In the Matter ofKenneth Siet Commission Case No. 6足 In 2004, a fonner Stateemployee requested that the Commission consider whether his previous involvement in
a 1996 Landfill Closure/Post Closure1996 PlanPlan (" ) duringhis tenure with the DEP precluded him, or the law finn
with which he was now associated , from representinga pary other than the Statein litigation stemming from the closure. The employee s position was that the 1996Plan had been superseded by a 2002 Plan , with which he had had no involvement, and, thus, the post-employmentprohibition did not apply. The Commissionviewed the 2002Plan as revision to the 1996 Plan , not as a new matter. Becausethe fonner employee was substantially and directly involved in the 1996 Plan , the Commission determined that he was precluded from having any involvement in the landfill closure. The former employeehad no ownershipor shareholderinterest in the law firm, and the finn was not organizedas a professional service corporation; therefore , the restrictionon the formerState employee did not apply to the finn. the Matter ofRobert C. Ciolek,Commission Case No. 13- 04. One- Year Ban - Certain State Officials In accordance with the recommendationof the Special Counsel for Ethics Review and Compliance , the Unifonn Ethics Codespecifies that for one year after the tennination of the State office or employment of any of the individuals noted below, he/she shall not represent , appear for , or negotiateon behalf of, or agreeto represent, appear for, or negotiateon behalf of any person or party other than the Statewith or before any officer or employee of the State agency in which he/sheserved. The provisionsof this subsectionshall not apply to any partnership, firm or corporation in which he/shehas an interest or is employed or to any partner, officer, director or employeeof such partnership, finn or corporation. Nothing containedin this section prohibits a State agency from contracting with fonner State officer or employeeto act on behalf of the State.
New Jersey Uniform Ethics Code, September 2006
The one-year ban appliesto any head, deputy head or assistanthead of any principal deparment , board, commission or authority, the Superintendent of State Police, the Governor s Chief of Staff, Chief of Management and Operations , Chief of Policy and Communcations , Chief Counsel, Director of Communications , Policy Counselor, and any deputy or principal administrative assistant to any of the aforementioned members of the staff of the Office of the Governor. In addition to the prohibitiondealing with one s former agency,the governor and each head of a principal deparent in the Executivebranch are prohibited , for one yearafter the tennination of office or employment, from registering as a " governental affairs agent" as that tenn is definedin NJS. A. 52: 13C-20. NJS.A. 52:13C-21.4. This provision is not enforcedby the State Ethics Commission. Summary In summar, the generalpost-employment restrictions do not prohibit a fonner Stateofficer or employee or special State officer or employee or any finn in which he/shehas an interest from representing a party other than the State concerning:
Detenninations of general applicability. Preparation or review of legislation that is no longer pending before the
Legislature
or the Governor. Regulations no longer pending before an agency since these are not
specific causes and are analogous to legislation.
Any matter pending before any State agency, including the individual's former agency,if the former officer or employee or special State officer or employee was not " substantially and directly" involved in the matter while employed by the State.
Accepting employment with entities that contract with the individual's former agency or any other State agency if the State officer or employee or special State officer or employee was not " substantially and directly" involved in the matter in question. Providing infonnation generally available to the public. Accepting employment with a finn with which the Stateofficer or
employee or special State officer or employee had contact in hislher
offcial capacity.
However , certain State officials are
subjectto additional one-year bans on their post-employment activities.
Seeking Future Employment In the past, the Commissionhas detennined that employees who have direct and substantial contact with any interested partiesmust refrain from circulating resumes or in any manner seeking employment withthose individuals
New Jersey UniformEthics Code, September 2006
entities while stil in State service. If an employee is solicited for potential employment by an interested pary, that solicitation must be disclosed immediately to the employee s management and to the departmentalethics liaison offcer to avoid a situation wherean employeemay appear to be using hislheroffcial position to gain an unwarranted advantage. Employees who do not have direct and substantialcontact with interestedparies maycirculate resumes and enter into discussions regarding potential employment with those finns as long as they avoid a situation that may give rise to anunwarranted advantage. All employees are cautioned that discussions , interviews, and negotiations should not take place on Statetime. In the Matter ofTheodore Fischer Commission Case No. 83- 88. In February 1997, the Commission consideredthe circumstancesunder which employeesof agencies that regulate non-State entities can seek employment with those entities. In an effort tobalance the public s interests and a State employees ability to seek employmentin the private sector or with non- State agenciesthe Commission determined that solicitation or discussion of employment with regulated entities , or their representatives , that have a specific cause, proceeding, application or other matter before the employee s agency is not pennitted. There may circumstances when solicitation or discussion of employment with respect to regulated entities , or their representatives could be approved if no specific cause, proceeding, application or other matter is pending before the agency. These situations must be reviewed on a case-by-case basis before the employee proceeds with any job-seeking activities. SECTION 17.2(c)- CASINO POST-EMPLOYMENT RESTRICTION N.1.s.A. 52: 13D-17 2 . (c) provides: No personor any member of his immediate family, nor any parnership, finn corporation with which such person is associatedor in which he has an interest , nor any parner , officer, director or employee while he is associated with such parnership, firm or corporation , shall, within two years next subsequent to the tennination of the office or employment of such person, hold directly or indirectly, an interest in , or hold employment with , or represent , appear for or negotiate on behalf of, any holder of, or applicant for, a casino license in connection with any cause, application or matter , or any holding or intennediary company with respect to such holder of , or applicant for , a casino license in connection with any phase of casino development , pennitting, licensure or any
other matter whatsoever related to casino activity, except that:
(1)a member of the immediate family of a person may hold employment with the holder , or applicant for , a casino license if , in the judgment of the State Ethics Commission the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate, such employmentwil not interfere with the responsibilitiesof the person and wil not create a conflict of interest, or reasonablerisk of the public perception of a conflict of interest, on the par of the person; is terminatedas a result of a reduction in the workforce at the agency where employed, other than an employee who held a policy-making management position at any time during the five yearsprior to termination of employment, may, at any time prior to the endof the two-year period , accept employment with the holder of , or applicant for , a casino license if , in the judgment of the StateEthics Commission , the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate
(2) anemployee who
New Jersey UniformEthics Code, September 2006
such employment wil not create a conflict of interest or reasonable risk of the public perception of a conflict of interest, on the part of the employee.In no case shall the restrictions of this subsection apply to a secretarial or clerical employee. Nothing herein contained shall alter or amend the post-employment restrictions applicable to members and employeesof the Casino Control Commissionand employeesand agentsof the Division of Gaming Enforcementpursuant to subsection b. (2) of section 59 and to section 60 ofP. L.1977 , c. 110 (C.5:1259 and C.5:12- 60);and Section 17.2(c) prohibits a "person " from holding, directly or indirectly, an interest in , or holding employment with or representing,appearng for or negotiating on behalf of, any holder of or applicant for a casinolicense in connection with any cause , application or matter , or any holding or intennediary company with respect to such holder , application for, a casino license in connection with any phaseof casino development , pennitting, licensureor any other matter whatsoever related to casino activity. This prohibition extends for a periodof two years. Section 17. 2(c) was amended on December 20 , 1993 to provide an exception for members of a "person " immediate family. Under the amendment, a family member is pennitted to hold employment with the holder of , or applicant for, a casino license , if the Commission detennines that such employment wil not create a conflict of interest or reasonable risk of the public perception of a conflict of interest. An amendmenteffective January 25 , 1995 providesthat a non-policy-makng employee tenninated as a result of a reduction in force may, prior to the end of the two-year period , accept employment with a casino license holder or applicant if the Commission determines that there is no actual conflct of interest orthe public perception of a conflct. Section
17.2(a)defines "person " as: any State offcer or employee subjectto financial disclosureby law or executive order and any other State officer or employee with responsibility for matters affecting casino activity; any special Stateofficer or employee with responsibility for matters affecting casino activity; the Governor;any member of the Legislature or full-time member of the Judiciary; any full-time professional employee of the Offce of the Governor, or the Legislature; members of the Casino Reinvestment Development Authority; the head of a principal department;the assistantor deputy heads of a principal department , including all assistant and deputy commissioners;the head of any division of a principal department; any member of the governing body, or the municipal judgeor the municipal attorney of a municipality wherein a casino is located; any member of or attorney for the planing board or zoning board of adjustment of a municipality wherein a casino located, or any professional planner, or consultant regularly employed or retained by such planning board of zoning board of adjustment.
Section
13(i)defines "member of the immediate family "
as:
the person s spouse , child, parent or sibling residing
the same household.
New Jersey Uniform Ethics Code, September 2006
Application of Restriction to Partnership, Firm or Corporation The restrctions contained in section 17.2(c)apply to "persons " and immediatefamily members not granted a waiver and to any parnership, finn or corporationwith which such "person " is associated or in which he/she has an interest. The Conflcts Law defines "interest" as the ownershipor control of more than 10% of the stock of a corporation or more than 10% of the profitsor assets of a finn. Effect of Restriction on Employment by Casino Association In Advisory Opinion No. 41, the Commission determined that , under the application of section 17.2(c),
person " may not becomeemployed by the Casino Association of New JerseyCasino (" Association ) immediately upon leaving State service. The Casino Association is a non-profit corporation and holder of a non-gaming casino service industr license that operates as a trade association representing the collective interests of AtlanticCity casino licensees. Among other things, the Associationworks to promote the commongood of the industryand its membersand to provideliaison between the industr andother paries , be they governental , business, labor, social or civic. In Advisory Opinion No. 41, the Commission noted that section l7. 2 is a part of the Conflcts Law which has as its paramountobjective to " ensure propriety and preserve public confidence. NJ. 52:13D- 12(b). Section 17. supplements both the Casino Control Act and the Conflicts Law in fostering and maintainingthis objective. represents an additional step " to sanitize casino gambling and its potentially corrpting effect upon governent." See Knght v. Margate, 88 374 , 392 (1981). It is the Commissions view that a technicalinterpretation of section 17.2(c) that would allow " persons leaving State service to be employed by the Casino Association would be inconsistent with the overall objectives and purposes of the statute even though the Casino Association is not a casino license holder. Its membership is exclusively casinolicense holders and it acts to further the aggregateinterests of those casino license holders in a number of areas, including interaction with State govemment. This is exactly the kind of relationship betweenState "persons " and the casinosthat is intendedto be regulatedby the section 17.2(c) postemployment ban. Advisory Opinion No. 41. SAMPLE CASINO POST- EMPLOYMENT CASES ADDRESSED BY THE COMMISSION
In 1982, the Commission interpreted the " associated" language of section 17. 2(c)to mean that, regardless of the business structure of the firm any parnership, ownershipor employment by a " person " or immediate family member with a finn that represents , in any capacity in any matter a casino license holder brings that firm under the two- year restriction of the statute.In the Matter of a Former Casino Control Commission Accountant Commission Case No. C15- 80. Although the nature of the "associated" relationship is not defined by the statute, the Commission adopted the position that it includes partnership,ownership and employmentrelationships because of the internal senseof the provision which "refers to partners , officers, directors, and employeesas those deemed associated with partnerships finns or corporations within the meaningof its tenns. In 1986, the Commission, building on its 1982 interpretation , determined that " persons " and law finns with which they wereassociated were prohibited from representing casino licensees or applicants in any circumstances whatsoever. In the Matter ofIrwin Kimmelman Commission Case No. C2- 86. With regard to representing a holding
New Jersey UniformEthics Code, September 2006
or intennediar company with respect to a licensee or applicant, the representationalprohibition is not so broad applying only to any matters related to casino activity. In 1989, the Commission rendered a fonnal advisory opinion concerning whether an "of counsel" relationship associates a fonner State employeewith a law finn for the purposesof the application of section 17.2(c). The Commission detennined that the facts and circumstancesof the proposed "of counsel" relationship wouldconstitute an association" and would subject the law finn to the provisions of section 17.2(c).Advisory OpinionNo. 40. In 1991, the Commission restated its interpretation of section 17. 2(c) in connection with an analysis of the postemployment section of the Casino Control Act 5:12- 1 et seq. The Commission noted that:
a [" ] has Section 17.2(c)restrcts not only the representationby a finn in which person interest but also prohibits representationby a finn with which the ... " person ... is Enforcement of Gaming associated. In the Matter of Division Request for Advice Commission Case No. 18-91. In 1992, a fonner Casino Control Commission employee requested an opinion from the Commission regarding the application of the casino post-employment restriction to her situation. The fonner employeeestablished a private practice and wasinterested in providing legal servicesto law finns on a independentcontractor basis. Because the possibility existed that she would offer her servicesto an Atlantic City law firm representing casino licensees , she inquired as to the effect of section 17 .2(c) on the arrangements that she would make. The Commission detennined that section 17 .2(c) of the ConflctsLaw didnot preclude the fonner State employee from establishing the proposed independent contractor relationship with a law finn that represents holders of casino licenses. This ruling was limited to the circumstancesof this case. The crucial question in this case was whether the services that the fonner employee proposed to provide for alaw finn created an " association" with that law finn; such anassociation would subjecta law finn aswell as the fonner employee to the section 17. 2(c)restriction. the Matter ofSusan Kessler Commission Case No. 5- 92. In 1996, the Commission considered whether , under the application of section 17 .2(c), a "person " or a law finn with which the person is associated , is pennitted to represent a holding or intennediar company with respect to a New Jersey casino license holder or applicant in connectionwith casino development , permitting, licensureor any other matter related to casino activity, in a jurisdiction other than New Jersey.
The Commission detenninedthat such representationis pennitted. Par of the focus of the Legislatue statement of public policy in the CasinoControl Act NJS.A. 5: 12- (b),is that there must be " public confidence and trst in the credibility and integrtyof the regulatory process and of casino operations " in New Jersey. The focus of the casino-related restrictions of the Conflicts Law also speak to eliminating any taint to the regulationof New Jersey casinos and do not reasonablyreach to casinoregulation in otherjurisdictions. Request for Opinion , Casino Postemployment Case No. 7- 96. Members of the Bar
Fonner State officers and employees who are also members of the barmust also adhere to the ethical standards adopted by the New Jersey Supreme Court:
New Jersey UniformEthcs Code, September2006
Except as law may otherwiseexpressly pennit , and subjectto RPC 1. , a lawyer who formerly has servedas a governent lawyer or public offcer or employee of the governent shall not represent a private client in connection with a matter: (1)in which the lawyer paricipated personally and substantiallyas a public officer or employee, or (2) for which the lawyer had substantialresponsibility as a public officer or employee; or (3) when the interests of the private pary arematerially adverseto the appropriate governent agency, provided , however, that the application of this provision shall limited to a period of six months immediatelyfollowing the tennination of the attorney servce asa governent lawyeror public offcer. (RPC 1. 11 (a)).
The scope of New Jerseys Conflcts of Interest Law is atleast as broad as the rules covering attorney ethics. Requests for advice on the applicationof the Rules of Professional Conduct should be directed to the Supreme Cour Advisory Committee on Professional Ethics.
Januar 1994 September 1995 March 1997 March 1998 November 1998 August 2006
Post -employmentAug2006.doc
New Jersey UniformEthics Code, September 2006
APPENDIX I
SUBCHAPTER 7. RECUSAL PROCESS 19:61-7.1
Purose
The purpose of this subchapter is to provide Stateofficials with guidance regarding the circumstances under which a State official must recuse himself or herself and procedures as to properly effectuating a recusal. 19:61-7.2
Scope
The rules in this subchapterapply to all State officers and employeesand to all specialState officers and employees as defined in the Conflcts of Interest Law, NJ. A. 52:13D足
13(b)and (e), whichdefinitions are incorporated in N.J.A.C. 19:61-1.10. 19:61-7.3
Definitions
The following words and tenns, as used in this subchapter , shall have the following meanings, unless the context clearly indicates otherwise. Recusal" means the process by which a person is disqualified, or disqualifies himself or herself,from a matter because of a conflict of interest. Relative " means a spouse, parent, child , sibling, grandparent , grandchild, uncle, aunt , nephew, niece, father-in-law mother- in-law , daughterin-law , son-in-law, brother-in-law, sister-in- law, or first cousin, whether in whole or half blood, by marage , adoption or natural relationship, and the spouse of any such person.
19:61-7.4
Situations where recusal is required
(a)A State official must
recuse himself or herself from a matter ifhe or she has:
Any financial interest, direct or indirect, that is incompatiblewith the dischargeof the State official' public duties; or 1.
2.
Any personal interest, direct or indirect, that is incompatiblewith the dischargeof the
State offcial'
public duties. , an incompatible financial or personalinterest includes , but is not limited to (b) Forpurposes of (a) above outside employment; a debtor/creditor relationship; a fiduciary relationship; a source of income; any matter pertaining to or involving a relative or cohabitant; a relationship with a person providing funds, goods or services without compensation; any matter pertaining to or involving a business associate or business investment;and a leadership role in a professionalor trade organization, which interest mightreasonably be expected to impair a State official's and independence of judgment in the exercise of his or her official duties or might reasonably be expected objectivity to create an impressionor suspicion amongthe public having knowledgeof his or her actsthat he or shemay be engaged in conduct violative of his or hertrust as a State offcial.
New Jersey UniformEthics Code, September 2006
c) An incompatible financial or personalinterest may exist in other situations which are not clearly within the provisions of (a) and (b) above , depending on the totality of the circumstances. A State official should contact his or her agency ethics liaisonoffcer or the Commission for guidance in such cases.
State offcialmust seek the advice of the State agencys counsel, agency ethicsliaison offceror the Commission as to the propriety ofparticipation in a matter ifany person requests that a State offcialrecuse himself herselffromthat matter. Oraladvice,followed up by a writing, may be provided by the agencys counsel, the agency ethics liaison offceror the Commission to avoid delay. Oral advice should subsequentlybe memorialized by a writing or by inclusion inpublic minutes.
(d)A
Examples The spouse of the Directorof the Division of Solid and Hazardous Waste (Division), Department of Environmental Protection, recently became a parner in ABC , an environmental consulting finn that represents clients before the Division. The Director mustrecuse himself from any involvementwith that come before the Division. The recusal must be memorialized in writing and confonn ABC matters to the standards ofN. C. 19:61-7.5(b).
The Director of a program that regulateshealth insurancecarers has been approached about possible employmentby a regulated entity. The entity does not currently haveany specific cause proceeding, application or other matter pending. The solicitation must immediately be disclosed to the Director s supervisorand the DeparmentEthics Liaison Officer to avoid a situationwhere the State official may appear to be using hislher official position to gain an unwaranted advantage. The circumstances surrounding the solicitation and the Stateoffcial's official interactions with the entity must be reviewed before the official proceeds with any job-seeking activities. If it is detennined that the State official may respond to the solicitation, he must recusehimself from any involvementwith the entity in his offcial capacity. Suchrecusal must confonn to the standards ofNJ. A.C. 19:61- 5(b). Pursuant to NJA. C. 19:61- (e),if amember ofthe Commission holds offceor employment in the same Department which employs a State offcialnamed in an allegation, he or shemust disqualif himselfor herself fromparticipation in any decisionalprocess relating to thatparticular case. One the Commission meeting agenda items is an allegation that a Departmentof Personnel employee has violated the Conflicts ofInterest Law. Because the Commission Chairwoman is the Commissioner ofthe Department of Personnel , materials associatedwith this matter would not be forwardedto her. addition, the Chairwoman would place her recusal and the reason for such recusal on the record at the meeting and leave the room during non-public deliberations.
A member of the Real Estate Commission (REC)is a Director and past Presidentof the New Jersey Association ofRealtors (NJAR). The NJARcurrently opposes a regulation proposed by the REC, has submitteda letter outlining its positon, and plans to attend the REC meeting to expressits oppositon to theregulation. Becausethe REC member is an offcerofthe NJAR, he must recuse himself fromdiscussions and voting on the regulation in question.
New Jersey UniformEthcs Code, September 2006
19:61- 5 Procedure for recusal
(a) If a Stateoffcial finds , or is advised by agency counsel or the agency ethicsliaison officer, that an incompatible financial or personal interest exists on a matter , the State official must recuse himself or herself from that matter or seek advicefrom the Commission. The recusal must be absolute , that is, the Stateofficial must have no involvement with the matter from which he or she hasrecused himself or herself. (b) All recusals, other than those provided for in (c) below, must be memorializedin subchapter Appendixfor samples. The writng must: 1.
Specify the reason for and the date of the recusal;
2.
Specifythe duration of the recusal (whichmay be expressedin pendency of the matter in the State
writing.
See the
tenns related to the
agency);
Specifythe effect of the recusal on the State offcial
3.
and his or her Stateagency (for example , that the Stateoffcial is not to be contactedor involved or participatein any manner concerning the matter from which he or she has been recused);
4.
Name the person who is to assume responsibility and authority for the matter from which
and the State official has been recused (if applicable);
5.
Be disseminated to all personswho mightbe affected by the State official' s recusal and
to the agency ethics liaison officer , who shall maintain the writing for as long as the State
official serves in his or her position.
c) In the case of
a Stateagency that maintains a public record of a proceeding, that is , a Board or Commission
meeting, fonnal written recusal is not required; however , the following procedures must be followed: 1.
To the extent feasible , meeting materials involving a matter from which the State official must recuse himself or herself should not be distributed to the State official;
2.
At the subjectmeeting, the State official must place his or her recusaland the reason for
such recusal on the record prior to any discussion of the matter; and
3.
The State official must leave the room at a non- public portion of the meeting while the
matter in question is under discussion.
New Jersey UniformEthics Code, September 2006
APPENDIX
Sample Recusal Statements
Sample Recusal Statement: Seeking Employment
DATE:
Agency Ethics Liaison Officer
TO:
State Ethics Commission FROM:
Name of Employee
SUBJECT:
Recusal- SeekingEmployment with (Nameof Outside Organization)
This is to notifyyou that I am
considering employment with, discussing employment with, or seeking (seriously
employment with)(Nameof OutsideOrganization). My seekingemployment may present an actual or appearance of a conflict of interest; therefore must
disqualify/recuse myself from any official
duties that involve the aboveorganization. I understand that I may not
paricipate in any way asa State official in any matters regarding the above organization. Furthermore , I understand that it would be appropriate for any matters specifically involving the above-named organization to be referred to my supervisor
, if no other option)without consulting me or informing me that such matters are pending. (or subordinate
This action is taken withthe concurrence of my supervisor (orsubordinate), as indicated below. I understand that this recusalwil remain in effect until I inform you in writing that all employment seeking activity has tenninated and I receive written pennission from the agency ethics liaison officer to resume interactions with the outside organization.
Employee s Name Recommend: Approve:
(Nameof Employees Director/Supervisor) Date Ethics Liaison Officer
Date
New Jersey Uniform Ethics Code , September2006
Sample RecusalStatement Conflcts DATE: TO:
Designee(s)
FROM:
Name of Employee
SUBJECT:
Recusal
Because I may be seen to have a conflict of interest in matters affecting (nameof entity or individual) relating to
(familyrelationship, fonner affiliation with firm , etc. ), Iam delegating all responsibility and authority for handling any such matters to you. Please ensure that I am screened from any infonnation or communications on any such matters. By copyof this memorandum, I am instructing (appropriate contacts communications on any matters affecting
in office)to ensure that I do not receive any
(nameof entity or individual).This recusal wil remain in effect until (state
duration of recusal). dls c: subordinatesresponsible for screening communications Ethics Liaison Officer State Ethics Commission
New Jersey UniformEthics Code, September 2006
APPENDIX J
State Ethics Commission Position on Privatization Issues At its December 7 , 1994 meeting,the State Ethics Commission considered whether State employees could under the applicationof section 19 of the Conflcts Law, paricipate in an open competitivebid process for the privatization of services currently being provided by their agency and, if successful, could operate the service under the
application of section 17. Application of Section 19: Section 19 prohibits a State officer or employee from entering into a contract , valued at $25 or more, with any State agency. This prohibition also extendsto parners or any corporationwhich the State offcer or employeecontrols or in which he owns or controls more than 1% of the stock. Section19(b)exempts only three categories of contracts from this general prohibition: 1. Contracts
made after public notice and competitive bidding; 2. Contracts
that may beawarded without public advertising andcompetitive bidding pursuant to NJS.A. 52:34- 10 or similar applicable provisions; and 3. Any contract of insurance entered into by the Director of theDivision of Purchase and Property, Deparment of the Treasury, pursuant to NJS.A. 52:27B- 62.
Each of these exceptions requires prior approval of the Commission. Because the contract for the privatization of the program at issue will be made after public notice and competitive bidding, the Commission approved the employees ' participation in the bid process. To deal with concerns expressed in past Commission cases regarding whether State employees could bid on contracts to be awarded by their own agencies, the Commissionoutlined several safeguards. These safeguards are intended to prevent perceptions State employees gaining unwarranted advantages or using insider infonnation.
In order to approve an employee s participation in an open competitive bid process for services being privatized by hislher agency,the Commission requires an affdavit to the Commission from the agency management specifying that the employee is not or has notbeen involved in the privatization decisionand wil have no involvement in the privatization process, e. , developmentof the RFP andwinding down of the State-provided service. The affidavit must also specify that the employee wil have no involvement in the evaluation of bids. The Commission also requires that the agency maintain records identifying all individuals involved in the privatization process. This requirement wil facilitate investigationof any future complaintscharging an employee with the use of insider infonnation. The Commissionrecommends that the RFP containa notice to all bidders that agency employees or former employees may be submittingproposals. The Commission also recommends the " blind" review of the proposals to the maximum extent feasible. This would involve identifYing bidders only by numbers or letters and not by personal or corporate identity.
New Jersey Uniform Ethcs Code , September 2006
Application of Section 17: The post-employment restrictionof the Conflcts Law prohibits a fonner State employee from representing,appearing for, negotiating on behalf of or providing infonnation or services not generally available to the public to any person or pary other than the State in connection with any specific cause, proceeding, application or matter in whichhe/she had substantialand direct involvementduring hislher State employment. The Commission has taken the position that privatized servicesthat are no longer pending, active or on-going in the State agency that fonnerlyprovided the services are not "matters " within the scope of section 17. The Commissionis concerned that individuals who expect to have involvement in the privatized services not paricipate , while State employees , in the privatizationdecision and process because of the Conflcts Law provisions that prohibit employees from using their official positions to gain an unwaranted advantage (section23(e)(3)), acting in their official capacities in matters where they have an interest that may impair their objectivity 23(e)(4)), (section acting in a way that mightcreate the impression of a violation of the public trust (section23(e)(7)) and using disclosing infonnation not generally available to the public (section 25). Thus , procedurally, the Commission requires that an employee expresshislher intention to be involved in any private sector efforts in connection with the privatization to the agency s management and the Commission as soon as it is feasible so that appropriate steps can be taken to screen the employee from the agency s privatization activities. The Commission wil require notice that the employee was not involved in the privatization decision or in the privatization process , e. , preparationof the RFP, review of bids , evaluation of potential providers. The agency wil be required to maintain recordsidentifying all employees involved in the privatization process. private. doc December 1994 August 2006
New Jersey UniformEthics Code, September 2006
APPENDIX K
GUIDELINES REGARDING RETIREMENT GIFTS
These guidelines addressthe circumstances under which appropriate recognition can be givento retirees from State service without exceeding the bounds of proprietyor givingrise to an impression of violation of thepublic trst. Typically, retirementfunctions comprise a get- together, with or without a meal, and the presentationof a gift monetar tokento the retiree, to his or her spouse, and/or to his or her dependent(s). In planing such events, the responsible group or individual must choose between two approved alternativeswith regard to fundingand the value of any and all giftsto be presented. 1. Gifts may be funded by a maximum contribution of $5 per person , collected from invitees to the retirement function. If this method of funding is used, no maximum value is set for the cost of thecontributions gifts , but of more than $5per invitee are not pennitted. 2. The maximumvalue of retirement giftscannot exceed $1000. If this methodis used, there is no maximum set on individual contrbutions , but the total value of retirement giftsand/or monetary tokens to the retiree, spouse, and dependent(s) cannot exceed $lOOO. , instead of presenting giftsand/or monetar tokens to the retiree, spouse , and dependent(s), a decision is made to make monetar contribution to a qualifiedorganization (under I.R. S. Code 501(c)(3)),no limit is placed on the maximum value of the contribution. Retirement gifts from paries with whom the employee has had involvement in hislher official capacity are pennissible provided the gift is not excessive or inappropriate for the purpose for which it is given. Any questions about these guidelines or their implementation should be addressed to: State Ethics Commission 28 West State Street Room 1407 - P. O. Box 082 Trenton , New Jersey 08625 1892 (609) 292足
February 15, 1989; August 2006 retirement.doc
New Jersey UniformEthics Code, September 2006
APPENDIX L
PUBLISHED WORKS
The State Ethics Commissionstaff frequently receivesinquiries regarding State employees ' activities connection with authoring and publishing research papers, aricles andbooks. The Commissionhas addressed these situations over the years, primarly under the application of sections 23(e)(1),direct or indirect financial or other interest; 23(e)(5), impainnent of objectivity and independence of judgment; 23(e)(7), the appearance of impropriety; , receipt of compensationfor a matter related to official duties; and 25, disclosure or use for personalgain of information not availableto the public. Subsequent to March 1997, the Commission has also considered such inquiries under NJA.C. 19:61- 7(b),compensation for published works. Section 23(e)(1) of the Conflicts Law provides: No Stateofficer or employee or special State officer or employee should have any interest, financial or otherwise, direct or indirect , or engage in any business or transaction or professional activity, which is in substantialconflct with the proper discharge of his duties in the public interest.
Section 23(e)(5)of the Conflcts Law provides: No State officer or employeeor special State offcer or employee should undertake any employment or service whether compensatedor not which mightreasonably expected to impair his objectivity and independence of judgmentin the exerciseof his offcial duties. Section 23(e)(7) of the Conflcts Law provides:
No State offcer or employeeor special Stateofficer or employeeshould knowingly act in any way that mightreasonably be expected to create an impression or suspicion among the public having knowledge of his acts that he may be engaged in conduct violative his trust as a State officer or employee or special State officer or employee.
New Jersey Uniform Ethics Code, September2006
Section 24 ofthe Conflcts Law provides: No State officer or employee, special State officer or employee or member of the agree to receive , whether directly or indirectly, any compensation, reward, employment, gift, honorarum, out-of-State travel or subsistence expense or other thing of value from any source other than the State of New Jersey, for any service, advice, assistance , appearance , speech or other matter related to the officer employee, or member s official duties, except as authorized in this section. a.
Legislature shall solicit, receive or
b. A State officer or employee, special Stateoffcer or employee, or member of the Legislature may, in connectionwith any service, advice, assistance , appearance , speech or other matter related to the officer, employee, or members official duties , solicit receive or agreeto receive, whether directlyor indirectly, from sourcesother thanthe State , the following:
(1)reasonable fees for published books on matters within the officer, employee , or member s official duties. .. Section 25 of the Conflcts Law provides: No Stateofficer or employee, special State officer or employee, or member of the Legislature shall wilfully disclose to any person, whether or not for pecuniar gain , any infonnation not generally availableto members of the public which he receives or acquires in the course of and by reason of his official duties. No Stateofficer or employee , special Stateofficer or employee, or memberof the Legislature shall use for the purpose of pecuniary gain whether directly or indirectly, any infonnation not
generally available to members of the public which he receives or acquires in the of and by reason of his official duties. N.JA.c. 19:61-
course
, Compensation for Published Works, provides:
shall secure the permission of the department head to accept compensation for published work(s)not createdas par of his or her official duties. determining whether such approval can be granted , the Deparmenthead shall consider the provisions of the Conflcts of Interest Law, the unifonn ethics code , the agency code of ethics, any applicable Executive Orders, the Commission s Guidelines for Secondary Employment , any other applicable guidelines or rules of the Commission , any applicable administrative policies of the agency, and the following conditions.
official (b) A State
1.
Whether compensation is being paid by an interested party;
2.
Whether the published available to thepublic;
work(s)uses
or
discloses infonnation not generally
New Jersey UniformEthics Code, September 2006
(c) TheState official shall prepare the published work(s)on his or her own time, without
using the services of other State officialsor
(d) TheState offcial shall not
use his
or
resources
owned bythe State.
her official title in any way
In
soliciting
compensation.
Summarzed below areCommission cases dealing with publishedworks. In Case No. 255- , the Commission consideredwhether employeesof the Public BroadcastingAuthority work used on a commercialstation. Varous jouralists PBA" ) couldreceive a compensation fee for journalistic employed full-time by the PBA were approached for the use of news items that they wrote during the hours that they The were employed by the State. These scripts , films or tapes were being usedon commercialTV channels. for the use of their work. commercial stations wished to compensate the journalists The Commission detennined that it would be a violation of section 24 of the Conflicts Law for State employees to receive compensation from any source other than the State for news items created as part oftheir offcial duties. In Case No. 402- , the Commission considered whether a professor at a State college was pennitted , under the Conflicts Law, to receive payment of royalties for a book he publishedprior to his State employment and for an with the book. The instructional manual was authored by him during his instrctional manualto be used in conjunction State employment. Prior to his State position, while employed at aNew York university, theprofessor devised a method to teach philosophy to elementar school children and authored a book on the topic. Two years after the professor joinedthe IAPC" (" ) as State college, the Board of Trusteesfonned the Institute for the Advancementof Philosophy for Children to teach of training elementary school teachers means of further research and currculum development for the purpose philosophical thinking to children. Theprofessor was appointed Director of the IAPe.
The Commission detennined that it would not be a violation of the Conflcts Law for the professor to receive royalties from the original book, written materials relatedto the originalbook or future materials authored on the subjectof the development of philosophy in the elementary grades. This decision was based on the fact that the State college did not have a specific policy governingreceipt of royalties for published works written by faculty members during their employment with the college. The agreement between the professor and the State college to act as Director of the IAPC did not provide that he author any publications in connection with this topic. The Commission thus determined that writing the instructional manual and any future currculum materials related to this issue could not be said to be related to his official duties. The professor was advised that, in his official capacity, he could not encourage the purchase of any materialsthat he authored. In Case No. 427- , the Commission consideredwhether the Deputy Director, Division of Field Services Department of Education, could collect royalties from a book which he co-authored, with his wife, on the subject communicating with hearing impaired and autistic individuals. Prior to his employment with the State, the Deputy Director had been associatedwith a school for the deaf in anotherstate.
New Jersey UniformEthics Code , September 2006
The Commission detennined that the Stateemployee was pennitted to collect royalties from the sale of the book because the subjectmatter was unelated to his offcial duties and he had no authorityor control over the education ofhearing impaired or autistic children. The State employeewas advised that he could notpromote the sale ofthe book to entities in New Jersey. In Case No. 601- , the Commission detennined that it would not be a conflct of interest for the Chief Engineer , Operations and Local Aid , DOT , in his private capacity, to wrte an aricle on transportationsystems to be contained in a book entitled "Focus on New Jersey: Problems and Prospects" to be published by a private publisher. In his official capacity, the employeefunctioned as a traffic engineer designing roads for counties and municipalities. The employee was well knownin his field and as a resulthad givenlectues in approximately50 universities throughout the countr on thetopics of highway safety and highway traffic. In Case No. 1028- , the Deparment of Education requested that the Commission review the outside activities of three Deparment employees.The threeemployees were approached by an entity that received funding from the Deparment to assistin the production of a multi-cultural handbook to be used in teacher training. The Department was responsible for appointing the Board of Directors of the outside entityand provided funding for administrative purposes. The State employees ' Division used the facilities of the private entity for training workshops. The project question was being funded by a federal grant. All three employees ' offcial responsibilities included the development of instrctional programsfor students not proficient in English.
The Commissionfound that a potentialfor an appearanceof a conflict existed because the State employees dealt with the private entity in their offcial capacity and were involved with essentially the same subject matter in both positions. The Commissionalso advised the Department that the private entity should have solicited assistance from the Deparent rather than directly approaching the State employees.
In Case No. 1160- , the Commission consideredwhether a Teacher, Adult Basic Education Program , New Lisbon State School , Deparment of Human Services , was pennitted to publish a cookbook written on her own time. her official capacity,the State employee was responsible for teaching home economics and nutrition programs to the adult developmentally disabled population at New Lisbon State School. The cookbookwas a pictorial cookbook/teachers guide for non-readers and the handicapped. The development of the cookbook was not part of the employee s official duties and responsibilities. She was advised not to make use of the cookbook in her classes after it appeared in published fonn. In Case No. 1186- , the Commission consideredwhether Coordinator Offce of Equal Educational Opportnity, Departent of Education, was pennitted to publish a book entitled "Analogies and Black History, developed and financed by him for the purposeof assisting minority students in taking college entrance exams. The
publication was not developed as part of his offcial duties , although part of his official function was to conduct black history in-service courses. At the meeting where this matter was considered , the Commissions Counsel at the time indicated that Stateemployees may receive reasonablecompensation for published works so long as they are not directly compensatedby the State for those sameworks. Counsel explained that State employees would not be pennitted to receive compensation if they were designatedto prepare a book forthe State as part of their official duties. The Commission permitted thepublication but placed the followingrestrictions on the employee. He could not conduct any field testing of his material within the area of his geographic assignent; he could not directly promote advertise or solicit sales of his book to any State employee or any person with whom he had or may have offcial
New Jersey UniformEthics Code, September 2006
dealings; he couldnot contract to sell these materials to the State of New Jersey unlessin compliance with section19 of the Conflcts Law. In Case No. 3- , the Commissionfound that the Supervising Program Development Specialist , Bureau of Research, Division of Youth and Family Services (" ), Departent of Human ServicesDHS" DYFS" (" ), couldnot accept a cash awardfrom a gerontological society for a paper prepared by him as a DYFS employee.
The DHS was awardeda grant to study abuseof the elderly. Because of his experiencein the field of gerontology, the State employee was assigned the task of preparng a paper on the subjectas par of his official duties. The paper was prepared entirely on State time with grant monies administeredby the State. The State employee then submitted the paper for consideration for an anual research award and was the recipient of that award. The Departental Ethics Review Board concluded that the acceptance of the cash award was violative of the Department's Code of Ethics. The Commission noted that the employee had solicited the award and affinned the DHS' determination. The Stateemployee appealed the Commissions decision to the Superior Court , Appellate Division which upheld the Commission s determination. In 1997, the Departent
of Law and Public Safetyrequested an opinion as to whether a Division of Law co-author a book about psychics and the paranonnal , Case No. 3足 97. The DAG wanted to write the book in her private capacity and use her mared name (sheis known by her maiden name in her employment with the Department). The Commission detennined that the DAG was pennitted to co-author the book under the following conditions: that shenot refer to her status as a DAG or member of the Deparment; that she not pennit the use of her title or employment in connection with publication or promotion of the book; that she not write about an active case or use infonnation not generally available to the public; that she avoid any legal analysis that could be interpreted as Division of Law work product;that she not use State time or resources in connection with her outside activity.
Deputy Attorney General (") waspennitted to DAG"
In Case No. 34- , Assistant Director, Division of Administrative Rules (" ), Officeof Administrative DAR" Law ("OAL" ), and Case No. 35- Assistant Director Judicial Standardsand Procedures JSP" (" ), OAL the employees requested an opinion regarding outside employment. They were co-authorsof an anual update of the Administrative Law Volume of the New Jersey Practice Series published by West Publishing Company West" ).("The matter at issue was the pocket part which updates the main text. West paid royalties to the employees. West was an "interested party" under the Commission s rules. Westdid business with the OAL in two ways: it was the sole supplier oflaw library materials and also had the exclusive license to publish the New Jersey Register and the New Jersey Administrative Code. The OAL formerly producedthese materials. West had a 7- year contract with three I- year extensions which could be exercised at the State s option. The JSP Assistant Director had no involvement with West in any of its OAL dealings. The DAR Assistant Director had official contact with West regardingthe license agreement. As to the JSP employee the Commission detenninedthat she was pennitted to engage in the outside employment. Underthe Commissions rules governing compensation for published works in effect at the time, State employees were flatly prohibited from accepting compensationfrom an interested party. West was an interested pary, but after reviewing all of the facts and circumstances, the Commission determined that her arangement with West did not do violence to the intent of the rule. The Commission noted that the intent of the interestedpary provision was prevent any influenceby a discretionary vendor. This did not appear to be the situation in her case.
New Jersey Uniform Ethics Code, September 2006
West was a sole-source provider, and she would not be ableto influence any decision regarding West. The royalties were not subject to negotiation; there was a fonnula based on the sale of the books.
As to the DAR employee, the Commission detennined that his co-authorshipdid not constitute a conflct with his official duties andpennitted the outside employment, subjectto the condition that he recuse himself from any actions in connection with contract renewalsor re-bidding at the conclusion of the curent 7- year contract. The Commission detennined that the interested pary prohibition was overly broad. Subsequent to the two decisions, in March 1997, the Commissionproposed and adopted the current provision regarding compensation for published works. Under the amended rule NJA.C. 19:61- , the fact that compensation is from an interested party does not automaticallypreclude acceptance of compensation, but is only one of a number of factorsto be considered. In Case No. 17- , a Principal Environmental Specialist , Deparent of Transportation, requested an opinion from the Commissionas to whether he was permitted to author a book on New Jersey archeological sites to be published by Rutgers University RUP" Press).("Rutgers University is a Stateagency for the purposes of the Conflcts Law, and RUP is fully integrated into the University. The employees proposed outside activity raised a number of issues: theuse of DOT archeological reports prepared by the employee or consultants supervised by him , the receipt of compensation for published works based on these reports, and contracting with Rutgers , a State agency.
The Commission determinedthat the use of DOT archeological reports in connection with the proposed published work appeared to be approvable under NJA.C. 19:61- 7 and section 25 of the Conflcts Law. While there was no precedent directly on point , the Commission noted that State employeeshave beenpennitted to accept compensation for published works on subject matters related to their offcial duties. Whle the employees activity was approvable under the rules governing published works and under section 25 of the Conflicts Law , the Commission detennined that he was prohibited under section 19 of the Conflcts Law from undertaking or executinga contract agreement for $25 ormore with RUP. In Case No. 34-
, the Commission determined that the Managing Actuar, Division of Life and Health Deparment of Banking and Insurance (" ), waspennitted to co-authorand market a study guide utilized by DOBI" students preparing to take the Societyof Actuaries SON' (" ) professional examination under the Commission s rules
precedent, the Conflicts of Interest Law and the DOBI Code of Ethics.
The employee co-authored the study guide in 1995 while on the faculty of Temple University. The examination contains ten segments;the study guidedeals with only one particular segment of the exam. The book previously identified the employeeas a faculty member at Temple, but new copies identify him only by name and give indication of his current employmentwith the DOBI. The authorsdistribute approximatelyone third of the books themselves through direct mail; they purchased an advertisement which is distrbuted with materials sentby the SOA to all exam registrants. The remaining two thirds of the book are sold throughseveral mail order books stores that specialize in actuarial books. The study guide is usedby student actuaries;the majorityof them are employees insurance companies or actuarial consulting finns. Some studentsare employedby insurance companiesand are reimbursed by their employers when they purchase books; insurance companies also purchase the study guide directly. In approving the activity, the Commission took into account the following factors: the study guideis sold nationally and not justto New Jersey exam registrants , the employee co-authored the book while at Temple, uses only his name and not his official title in connection with the study guide anddoes not directly solicitregulated entities.
New Jersey Uniform Ethics Code , September 2006
Summary. Under the rule addressing compensation for published works N1.A.C. 19:61- 7(b), and under Commission precedent , a State employeemay accept compensationfor published works under the following conditions.
There is no prohibition governing such activity in the Deparment' s enabling legislation or Code of Ethics.
The State employee must obtain prior approval from hislher Departent head.
The published workmust not use or discloseinfonnation not generally available to the public.
The State employee must not use State time or resources in connection with the publishedwork. The State employee must not use hislher official title in connection with publication or promotion of the published work.
The State employee canot promote , advertise or solicit sales of the published work to co-workers or individuals with whom he/she has official dealings. The State employee may not contract to sell the published work to the State except in compliance with section 19 of
the Conflcts Law.
The published work must not have been prepared as part of the State employee s official duties.
pubworks.doc August 1999 June 2006 August 2006
New Jersey UniformEthics Code, September 2006
APPENDIX M
OFFICIAL INTERACTIONS WITH AND DATING RELATIONSHIPS
FAMILY MEMBERS/COHABIT
ANTS
The State EthicsCommission staff frequently receives inquiries regarding the propriety of State officials interacting in the course of theirduties with family members. The majority of the inquiries concern relatives employed by the same State agencyor interactions with family membersemployed in the private sector. Prior to 2006, the New Jersey Conflicts ofInterest Law NJ. A. 52:13D- 12 et seq., did not contain an anti- nepotism provision. However , the statute was amended , effective March 15 2006, to prohibit certainrelatives of certain Stateofficials from holding paricular governental positions andalso to prohibit Stateoffcials from supervising,or exercising authority with regard to personnel actions over, a relative of the State official. NJS. A. 52: 13D-21.2 provides:
a. (1) A relativeof
the Governor shall not be employed in an office or position in the unclassified service of the civil service of the State in the Executive Branch of State Governent.
(2)A relative of the commissioner
or head of a principal deparment in the Executive Branch of State Governent shall not be employed in an office or position in the unclassified service of the civil service of the State in the principal department over which the commissioner or head of the principal department exercises authority, supervision, or control.
(3) A relative of an assistantor deputy commissioneror head of
a principal deparment in the Executive Branch of State Government who isemployed in an office or position in the unclassified service of the civil service of the State may be employed in the principal deparment in which the assistantor deputy commissioneror head serves , but shall not be assignedto position over which the assistant or deputy commissioner or head exercises authority, supervision , or control.
(4)A relative of a head or assistant head
of a division of a principal department in the Executive Branch of State governent who is employed in an offce or position in the unclassified service of the civil serviceof the State may be employed in the principal deparment in which the head or assistant head of a division serves , but shall not be assigned to a positionover which the head or assistant head exercises authority, supervision, or control.
b. (1)A relative of an appointedmember of
a governing or advisory body of an independent authority, board, commission , agency or instrumentality of the State shall not be employed in an office or position in that independent authority, board, commission , agency or instrumentality.
(2)A relative of an appointed New Jersey member of a governing body of a bi-state or multistate agency shall not be employed in an office or position in that bi-state or multi-state agency, to the extent permittedby law.
New Jersey Uniform Ethics Code, September 2006
c. A State offcer or employee or a specialState officer or employee of a State agency in the Executive Branch shallnot supervse , or exercise authority with regard to personnel actions over a relative of the officeror employee.
d. As used in this section , " relative " means an individual's spouse or the individual's or spouse parent , child, brother, sister, aunt , uncle, niece, nephew, grandparent , grandchild, son-in- law daughterin-law , stepparent, stepchild, stepbrother, stepsister , half brother or half sister, whether the relative is related to the individual or the individual's spouse by blood, marage or adoption. Attorney General Opinion 06-0006 addressesthe issue of the application of the anti-nepotism provision NJS.A. 52: 13D-21.2 , to previously hired employees and advises that a State employee is not required to be tenninated when a relative is subsequently appointed to a highlevel position within the agency. However , arrangementsmust be made to prohibit the relatives involvement in the exerciseof authority, supervision, or control with regard to the incumbent holder of the affected State officeor position. The casino-relatedprovisions of the Conflcts Law also contain prohibitionsthat apply to a State official' immediate family members , defined in NJ. S.A. 52: 13D-13(i)as the person s spouse, child, parent or sibling residing in the samehousehold. N.1.S.A. 52: 13D-17 2 . (b) deals with the concurrent casino-related employment of immediate family members while N.Js.A. 52:13D- 17.2(c)deals with post-employment situations of immediate family members. These two provisions are discussed below under " Casino- Related Prohibitions. The Commissionhas addressed various family member issues over the years , primarily under the application of sections 23(e)(3), unwarranted privilege , 23(e)(4), direct or indirect personal financial interest that mightreasonably be expected to impair objectivityand independence of judgmentand 23(e)(7),the appearance of impropriety. Summarzed below are sampleCommission cases that addressa number of common family memberscenarios. It should be noted that these cases were decided prior to the March 2006 Nepotism amendment. STATE EMPLOYMENT
Family Members Employedby the Same Agency. In Case No. 27- , the Commissionconsidered whether the spousal relationship of the Chief of the Department of Labor Appeal Tribunal and her husband , a member of the Department of Labor Board of Review Board"("), gaverise to a conflct of interest or appearance of a violation of the
public trust. The Appeal Tribunal reviews detenninations of the Division of EmploymentSecurity that are appealed by an aggreved or dissatisfied claimant. The three-member Board of Review decides appeals of decisions issued by the Appeal Tribunal. The Chief did not decide cases; her job dutiesconsisted of devising strategy and creating administrative policies for the Appeal Tribunal. The Boardadopted a policy precluding the Member from reviewing or having anyconnection with decisions issued by the Chief on those rare occasions when it was necessary for the Chief to conducta hearing and functionas an Appeals Examiner. The Commission concurred with the Deputy Attorney General who representedthe Board that the recusal policy in placeat the Board was a suffcient mechanism to avoid a conflct situation. In Case No. 19- , the Commission issueda complaint chargingthe Chainnan of the Ocean County Soil Conservation District , Departent of Agrculture , with violating sections 23(e)(4) and (7)of the Conflcts Lawwhen he paricipated in a controversial matter pending before the District Board in which his brother an employee of the
New Jersey UniformEthcs Code, September 2006
District, had substantial involvement and for voting on matters that involved personnel and salary issues affectinghis brother. Supervisor/Subordinate Relationships. In Case No. 1161- , the Commission consideredwhether a situation where spouses worked for the same agency and had a supervisor-subordinate relationship constituted a conflict of interest. This situation was reviewedunder the application of section 23(e)(4)of the Conflcts Law which prohibits State employees from acting in their offcial capacity in a matter wherein they have a direct or indirect personal financial interest that mightreasonably be expected to impair their objectivity or independence ofjudgment. The Commission detennined that one spouse has a direct personal financial interest in the salar and continued employment of the other spouse and thus should not be in a position to provide direct supervisionor to take personnel actions such as perfonnance evaluationsand salary increases. The Commission advised the agency to take administrative action to resolve the conflct situation , and theagency transferred one of the spousesout of the work unit. , the Deparent of Community Affairs requestedan opinion as to whether Commission precedent prohibiting family members from having supervisor/subordinate relationships should also apply to nonrelated individuals who share the same household with the same financial interdependence that the Commission viewed as creating a conflict in spousal situations. The Commission detennined that where non-related supervisor/subordinate employees share the same household under circumstances where there is financial interdependence , there must be intermediate supervisory level between the two and the higherplaced employee should have no supervisory or signing authority regarding personnel matters affecting the subordinate employee. In Case No. 182-
In Case No. , the Commission detennined that the Conflicts Law was not violated by virte of the fact that a Manager , Division of Motor Vehic1es , Department of Law and Public Safety, worked in the same facility as his two cousins. Becausethe cousinswere not members of the Manager s immediate family, as defined in section 13(i)of the Conflicts Law, the Commissiondetermined that a supervisor/subordinate relationship was not per se prohibited under Commission precedent. The Commission reviewed the specifics of this particular situation and noted that the Manager did not directly supervise his cousins , complete their PARS or sign their time sheets. Thus , it was unlikely there could be an appearance of improprietyby virte of his cousins working in the same facility. Hiring of Family Members. In Case No. 23- , the Commission was asked to approve the Departent' s removal of an employee from his position due to a number of violations of the Departent' s Code of Ethics. Among the violations was one that the employee secured employment for his daughter with a private organization that received funding from the Departent. The employee directly monitored the organizations perfonnanceunder the contract. After the employee s supervisor leared of his daughter s employmentthe employee was relieved of all monitoring responsibilties. After reviewingthe varous violations, the Commission concurred with the Deparment' s findings and approved the proposed sanction. In Case No. 32the Commissionreviewed an allegationthat the Warren County ConservationDistrict District") had contracted with the District Managers wife for financial and bookkeeping services without public announcement or advertisement of the availability of the contractual position. The Commission determined that the circumstances surrounding the contractwere violative of section 23(e)(3),the unwarrantedprivilege section of the statute. The contract between the Districtand the District Managers wife was terminated.
New Jersey Uniform Ethics Code, September 2006
In Case No. 34-
, the Commission found indicationsof violations of sections 23(e)(3), unwarranted privilege,
and 23( )(7),appearance of impropriety, in connection with the Sussex County District (" s hiring
Distrct" ) Manager and supervising of her son. The manager and her son residedin the same household. The Commission ordered that her son s employment with the Distrct be tenninated and that a complaint against the District Manager be prepared. The Commission later approved a consentorder in this matter. In Case No. , the Commission found indications of violations of section 23(e)(3), unwarranted privilege and 23(e)(7), appearance of impropriety, in connection with the Director of the Librar of the Blind and Handicapped'
hiring and supervision of her daughter for summer employment. The position was never advertised to the job-seeking public and the Director did not use any of the State contractorswho normally perfonned the services in question. The Commission approved a consent order with the Director. In Case No. 23- , the Commission issueda complaint allegingthat a Deputy Superintendentof Elections violated the Conflicts Law when, among other activities , she hired and supervised six family members. The Deputy Superintendent entered into a consent order with the Commission. In Case No. 9- 98(B),the Commission reviewed an allegation concerning the hiring of the son of the Director of Human Resources , Department of Corrections ("DOC" ), fora position within the DOC. The Director had asked the Chief of the Bureau of Parole ifhe would be interested in hiring his son while a DOC employee was outon sick leave. The Bureau Chief then forwarded a personnel action request to the DOC Office of Human Resources seeking a freeze exemption to appoint a new employee. The form was signed by the Director. Other individualswere on the certified list who ranked higherthan the Director s son and were not advised of the interim position. The Commission detennined that there were indications that the State employee violated sections 23(e)(3) and (7) of the Conflicts Law. The Director entered into a consent order with the Commission.
STATE PROGRAMS
In Case No. 30the Commission reviewedan allegationthat an Assistant Commissioner , Department of Personnel (" DOP" ), used her official position to attempt to place her nephew in the Pilot Program of a course developed by the DOP's Human ResourceDevelopment Institute (" ) to prepareindividuals to take the Law HRDI"
Enforcement Examination. The Assistant Commissioners responsibilities included oversight of the HRDI.
The Commission detennined that there were indicationsthat the AssistantCommissioner violated sections 23(e)(3)and (7)of the Conflicts Law and authorized the drafting of a complaint. The Assistant Commissioner entered into a consent order with the Commission and agreed to a civil penalty of$750.
PRIVATE SECTOR SITUATIONS
In Advisory Opinion No.
, issued September 17 , 1975, the Commission determinedthat a Member of a County Board of Taxationmust disqualify himself from hearing tax appealswhen the assessor of the responding city is his secondcousin or is more closely related to the Board Member. Because Members of the County Boards Taxation act in a quasi-judicial capacity, the Commission was guided by cases interpreting the Canons of Judicial Ethics as applied to family member situations. It was noted that the need for unquestionable integrty,objectivity and impartiality isjustas great for quasi-judicial personnel as forjudges.
New Jersey UniformEthics Code, September 2006
In Case No. 344- , the Commission considered whether the Chief Engineer, Cable Television Section, Deparent of Public Utilities, was penitted to become involved in a challenge to the award of a franchise by the cable television company of which his son was President. If a company is denied a franchisein a municipality in favor of another company, it is the duty of the Chief Engineer to passupon the engineering qualifications of the successful applicant. TheCommission determined that it would be anappearance of a conflict if the engineerwere to become involved in any way in the challenge of the subjectfranchise or any future action with respect to the company that employed his son. In Case No. 651-
a Member of the New Jersey StateCouncil on the Ars , Departent of State, requested advice from the Commission regarding actions affecting a grant recipient. The Member s husband was president of advertising agency which perfonnedpublic relations work for the grant recipient. The Member askedif it was necessary for the advertising agencythat employed her husband to resign from the account. The Commission detennined that it did not havethe authority to require the private public relations finn to relinquish the account and recommended that the Memberrefrain from participation in discussionand voting on any matterspertaining to the grant recipient. In Case No. 35- , the Division of Youth and Family Services (" ), Department DYFS" of Human Services requested an opinion from the Commissionas to whetherthere was a violation of the Conflicts Law for a DYFS employee to serve as Administrator of ManagementOperations while his brotherwas employed as a salesmanfor a company that sold equipment to DYFS. The Commission detennined that to avoid any potential conflct or appearance of a conflct , the Administratorshould in no way be involved in contractsnegotiated or executed by DYFS or DHS with the companythat employed his brother. Further, in his Statecapacity, the Administrator should not solicit any State businessfor nor refer any State business to his brother s employer. Also neither his brother nor any representatives of the companyshould call on the Administrator and the Administrator should have no involvement with matters pertaining to the company. In Case No. 941-
the Commission detennined that it would not violatethe Conflicts Law for the Director
Division of Hazard Management ("), Departentof Environmental Protection , to review andapprove contracts DHM"
with an environmentalcompany which was a subsidiaryof the companythat employed the Director s father-in-law. The parent organization had more than 30 subsidiary companies segmented into 9 control groups. The control group with which the Directors father- in- law was affiliated had no direct relationship with the environmental company that contracted with DHM. The Commissiondetennined that the nexuswas tooremote to suggest that the Director was acting in his official capacity in a matter whereinhe had a direct or indirect personalfinancial interestthat might reasonably be expected to impair his objectivity or independence of judgment. In Case No. 1176- , the Commissiondetennined that no conflict would result from the award of the Lottery Commission s advertising contract to the finn that employed the wife of the Deputy Chief of Staff, Offce of the Governor, or by her assignent to perfonn work under that contract. The Commission notedthe absence of any indication that the Deputy s spouses position was offered to her for the purpose or with the intent of influencing him nor was there any evidence that the Deputy had used his position to obtain employmentfor his spouse with the bidder or to secure her assignent under the proposed contract. There was alsono indication of any interest held by the Deputy in the bidderthat would bar the contractunder section 19, the contracting section of the statute.
New Jersey UniformEthics Code, September 2006
As for the appearance of impropriety, the Commissionnoted that the Deputy' s spouse had obtainedemployment with the bidderprior to their marage and long before his appointment as Deputy and that the lack of involvement by him in bidding processmatters involving the Lottery Commission , on the part of the Governors Offce , would substantially ameliorate any appearanceproblems. TheCommission based its advice on the assumption that he would have no duties concerning this contract or the Lottery Commission in general , such as appointment of members, which mightraise impainnentof objectivity issues due to his personalfinancial interest in his spouse s employment. The Commission also cautioned the Deputythat wilful disclosure or use of infonnation not generally availableto the public received or acquiredin the course of orby reason of offcial duties is prohibited. In Case No. 25- , the Commission consideredwhether it was a conflict of interest for the Ombudsman Deparent of Corrections, to handle inmate complaints concernng Corrections Officers represented by the union of which her husbandwas StatePresident. The Ombudsmanwas generally responsible for receiving, investigating and
making recommendations concerning complaints received from persons incarcerated or on parole. The Commission detennined that the Ombudsman and the Deparent should be advised that it is not consistent with the Conflicts Law for her to have involvement as Ombudsman in handling complaints concerningCorrection Officers represented by the Union while her husband served as President. The advice was based on considerations of indirect interest, impairment of objectivity and appearance of impropriety. In Case No. 14- , the Commissionapproved the Deparment of Educations handling of a matter wherein the Program Manager, Gifted Education Contracts, Division of General Academic Education , recommended that her
husband be employed as a consultant to the Division. The employee also recommendedher husband as a consultant to a school district which received funding from the Deparent for a projectrelated to the education of giftedstudents. The Deparment detennined that the manager s recommendation of her husband as a Division consultant was violative of the Conflicts Law. She was also advised that she should not implicitly or explicitly make recommendations to local distrcts as to consultants or programs for giftedand talentededucation with which she has a direct or indirect relationship. In Case No. 17-
, the Commission determined that the Medical Director , Division of Disability use her official position to advanceher husband' s private medical practice. As a private practitioner in the field of internal medicine her husband worked in conjunction with the DDD as a Consultative Examining PhysicianCEP" (" ). The Commission basedits determination on the fact that while the Medical Directors responsibilitiesplaced her in direct contact with CEPs, she recusedherself from all involvement regarding her husband and/or his specialty of internal medicine. TheMedical Director had no direct control over the scheduling of examinations between DDD clients and CEPs. In addition, while it was the Director s responsibility to review a physicians qualifications prior to acceptance as a CEP, her husbandbecame a CEP four years before she became Medical Director.
DetenninationsDDD" (" ), did not
In Case No. 25- , the Commission detenninedthat the Chief, Bureau of ConstructionCode Enforcement BCCE" ), Deparment of Community Affairs , violated the Conflicts Law by soliciting and receiving,on behalf of his daughter , a scholarship award from an organization whose members were regulated by the BCCE. The Chiefs daughterreceived the award for academicyear 1983. In 1984, she applied personallyfor the scholarship. The organization s Board of Directors questioned the propriety of awarding the scholarship to the daughter of the Chief of
the BCCE andadvised the Chief that the awardwould not be granteduntil the conflictsissue was resolved. The Commission detennined that the Conflcts Law was violatedand ordered the Chief to reimburse the organization for the amount of scholarshipmonies awardedto his daughter.
New Jersey UniformEthics Code, September 2006
, the Commission considered a request for advice asto whether a nomineeto the Racing In Case No. Commission was in a conflict situation due to his son s businessrelationship, as an insurance broker for organization regulated by the Racing Commission. The Racing Commissiondoes not regulate the selection insurance brokers but does require that a surety bond be submittedby the track owner s insurancebroker. The nominee s son provided this bond to the Racing Commission. The Commission detennined that there was no conflct of interest per se; however , the nominee was cautionedto abstain fromdiscussions and voting on any insurance matters that came before the Racing Commission.
, the Commission consideredwhether a Casino Control Commission Memberwas required to recuse herself on matters where one of the paries wasrepresented by a law finn for whom herfather worked as an accountant. The Commissioner had been associated with the same law finn that employed her father prior to entering State service. The Commissioner had recused herself on eightprevious occasions. The Commission detennined that the Commissionershould continue to recuse herself from all matters related to the law finn in order to supporther ability to render independentdecisions and to be so perceived. In Case No. 27-
the Chainnan of the Casino ControlCommission CCC" requested an opinion as to whether he was required , under the operation of the Casino Control Act , the CCC Code of Ethics or the Conflcts of Interest Law , to recuse himself from matters involving his brother- in- law, a credit executive with a casino hotel , and/or his brother-in-law s employer.The Commission determinedthat the Chainnan should recuse himself from paricipation in any matterinvolving his brother-in- law or the credit department of the casino hotel by which he was employed and advised him that his intention, in any matters involving his brother-in- law s employer, to advise the interested parties on the record of his relationship and to provide the opportnity for any interestedpary to seek his recusal was an adequate measure to protect the public interest. In Case No. 42-
In Case No. 245- , the Commission reviewedan allegation that the Administrator, Office of Set-Aside and to paricipate in a program Certification, Department of Commerce, certified a business owned by his son for eligibility
the unwaranted administered by his office. The Commission determined that the employee violated section 23(e)(3), one has a direct or s official capacity if privilege provision, section 23(e)(4),the prohibition against acting in one indirect personal financial interest in a matter, and section 23( )(7),the appearance provision, in regard to certifyng business owned by his son. The Administrator shouldhave delegated another employee in the office to handle his son application.
the Commission reviewed an allegation that the Director, Division of Administration Department of Education, used his position to influence the award of grants and contracts to a school district employing his son. The Commission noted that most of the State funding to local school districts was awarded based on a
statutorily mandated fonnula. Discretionary grants decisions are made by Program Division Heads with the Commissioner. TheDivision of Administration monitors and verifies the fiscal and statutory accuracy of grants and contracts after award decisions are made. The Commission voted to dismiss the complaint; however, the Director was advised to abstain frominvolvement in any matter which directly impacted his son s employment. In Case No. 1202-
("
the Chief Planner, HackensackMeadowlands Development CommissionHMDC" In Case No. 23s new
that directly or indirectly involve her husband'
requested an opinion regarding her involvementon projects s employer was the environmentaland engineering consultant on a projectfor which the employer. Her husband'
New Jersey UniformEthics Code, September 2006
Planer had beencoordinator for ten years. Her husband had no involvement with the project.The Commission determined that the Planner could have no official involvement with projectsthat directly or indirectly involved her husband's employer regardlessof whether herhusband actually workedon the project. In Case No. 23- , the Senior Staff Engineer , HMDC , requestedan opinion regardingher involvement on projectsthat directly or indirectly involve her husband. Herhusband operated a consulting company and had been retained as a subcontractor to conduct an alternative site analysis required the Any Corp. of Engineers. The State employee had been asked to assist in the review of the hydrology and hydraulics for the projectin question. Her
involvement would include the wrting of a scope of work document to hire a consultant to review the hydraulics and hydrology preparedby the consultant andto act as a liaison. The Commission noted that even though the two tasks, the State employees involvement with the hydraulics and hydrology segment of the projectand her husband' involvement in the alternate site analysis , are unrelated, due to the highprofile nature of the projectand the controversy surrounding it, it was conceivable that the paricipation of family members on the projectcould become an issue. The Commission detennined that , because the HMDC could easilyassign another engineer to perfonn thehydraulics and hydrology review, there appearedto be no reason, under these facts , to grant an exceptionto the existing HMDC policy, affinned by the Commission in Case No. 23-97. In Case No. 17- the Acting Chief Engineer , HMDC , requested that the Commissionreview its decision in Case No. 23-98 becauseher husbandhad not been involved with the projectin question since July 1999. The Commission advised the Acting Chief Engineer that because her husband was no longer employed by the subcontractor and was not involved in the ,project she was not precluded from having official involvement in the project. In Case No. 14the Acting Chief Engineer , HMDC , requestedan opinion regarding her involvementin a projectthat was being perfonned by a finn that recently hired her brother- in- law. The Commissiondetermined that the Acting Chief Engineer should recuse herself from any involvement in matters involving the finn as long as her brother-
in- law was employed by the firm. Dating Relationships. In Case No. 16- , the Ombudsman for the Institutionalized Elderly, Division of Senior Affairs, Deparment of Health and Senior Services , developed a dating relationship with a vendor to the Division. The vendor initially contracted with another State agency and later contracted with the State employee s division to develop a software program. The development and implementation of the software program was a multi-phase project.During the period of the project , the Ombudsman began a social and personal relationship with the vendor and worked on and signed licensingand maintenanceagreements on behalf of the Division with the vendor. Shortly thereafter, the Ombudsman soughtadditional funding for the vendor to supply additional services.
The Commission determined that there were indicationsthat the Ombudsman violatedsections 23(e)(3), (4)and Law. The Commission determined that under the applicable sections of the statute andthe Commission s precedent , the State employeeshould haverecused herself from any official involvement with the vendor after her social and personalrelationship began. The Commissionentered into a consent order with the employee.
(7) of the Conflcts
In Case No. 43-98, the Commissiondetennined that the Assistant Executive Director of New JerseyTransit NJT" ) usedhis official position to securean unwaranted advantagefor his fiancĂŠ, an Account Executive at an insurance company. The insurance company was invited to provide additionalinsurance to NJT employees. NJT sent out letters to employeeson NJT stationery,produced posters, and made insurancecompany sales representatives
New Jersey Uniform Ethics Code, September 2006
available on NJT premises. The Assistant Executive Directors fiancĂŠ received commissionson sales to NJT employees. The Assistant Executive Directorentered into a consent order with the Commission. Agency Contracts. In Case No. 38the Commissiondetermined that the Director, Juvenile Sex Offender Treatment Services , Juvenile Justice Commission ("wasprohibited from acting as a co-trainer with his wife as JJC" ), long as he was employedin his curent positionat the JJe. The Director s wife began contractingwith the JJC in 1997, prior to his being hired by the agency. The Director had been assisting as a co-trainer since 1997. The Director s wife was paid the same fee as all other trainers. The Director was not compensated for his paricipation. The Commission deterined that the Director s involvement as a co-trainer raised appearanceconcerns because of the financial interdependence of the paries. In Case No. 25-
the Commission detennined that the Executive Director of the CommunicationsInstitute at Rowan University violated the Conflicts Law by awarding a subcontract to a finn in which he andhis adult children had a financial interest. The Director entered into a consent order with the Commission. CASINO- RELATED PROHIBITIONS NJS.A. 52:13D- 17.2(b)provides:
No State officer or employee, nor any person, nor any member of the immediate family of any State officer or employee , or person, nor any partnership, finn or corporation with which any suchState offcer or employee or person is associated or in which he has interest nor any partner , officer, director or employee while he is associatedwith such parnership, finn, or corporation, shall hold , directly or indirectly, an interest in , or hold employment with or represent, appear for or negotiate on behalf of, any holder of applicant for , a casino license, or any holding or intennediary companywith respect thereto , in connection with any cause, application, or matter , except that (1) a State offcer or employeeother than a State officer or employee included in the definition of person , and (2) a member of the immediate family of a State officer or employee , or of a person , may hold employment with the holder of , or applicant for, a casino license if , in the judgment ofthe StateEthics Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court , as appropriate, such employment wil not interfere with the responsibilitiesof the State offcer or employee, or person , and wil not create conflct of interest, or reasonable risk of the public perception of a conflict of interest , on the part of the State officeror employee, or person.... Section 17 .2(b) addresses the issue of concurent employment. Prior to 1993, section 17 2(b) . prohibited all State officers and employeesand members of their immediate families from holding an interest in, holding employment with , representing,appearing for or negotiating on behalf of the holder of or applicantfor a casino license or any holding or intennediar companywith respect thereto. In December 1993, the Legislatureamended the statute to provide that a State officer or employee, other than a State officer or employee included in the definition of "person " set forth in section 17.2(a),or a member of the immediate family of a State officer or employee, or of a person, may hold employment with the holder of or applicant for a casino license if , in the judgment of the State Ethics Commission such employment wil not interfere with the responsibilities of the State officer or employee or person , and wil not
New Jersey Uniform Ethcs Code, September 2006
create a conflict of interest, or reasonablerisk of the public perception of a conflct of interest on the par of the State officer or employee, or person. Since 1994, the Commission has granted numerous waivers pursuant to the authority granted to it under the amendment. . (c)provides: NJS. A. 52: l3D- 17 2 No personor any member of his immediate family, nor any parnership, finn corporation with which such person is associated or in which he has an interest, nor any parner , offcer , director or employee while he is associated with such parnership, finn or corporation, shall, within two yearsnext subsequentto the tennination of the office or employment of such person, hold directly or indirectly, an interest in , or hold employment with or represent, appear for or negotiate on behalf of , any holder of applicant for, a casino license in connection with any cause, application or matter , or any holding or intennediary company with respect to such holder of, or applicant for, a casino license in connection with any phase of casino development , permitting, licensure or any other matter whatsoever related to casino activity, except that a member of the immediate family of a personmay hold employmentwith the holder of or applicant for a casino license if , in the judgment of the State Ethics Commission, ... such employment wil not interfere with the responsibilities of the person and wil not create a conflct of interest or reasonable risk of the public perception of a conflict of interest, on the part of the person.... Section 17.2(c)deals with post-employment. Under this section, no "person " as defined in section 17.2(a), any member of his immediate family shall for two years after the termination of State employment hold an interest in hold employment with , or represent, appear for or negotiate on behalf of, any holder of , or applicant for a casino license in connection with any matter or any holdingor intermediarycompany with respect to any matter related to casino activity. Under the 1993 amendment , a member of the immediate family of a " person " may hold employment with the holder of or applicant for a casino license if in the judgment of the State Ethics Commission such employment wil not create a conflict of interest.
CODES OF ETHICS Codes of Ethics specific to a particular agency may also contain provisions applicable to family members. State officers and employees should review their agencys code of ethics or consult with their agency Ethics Liaison Officer to detennine whether the Code contains any provisions applicable to family members. OTHER STATUTORY PROVISIONS Statutory provisions and/or administrative regulationsspecific to a paricular agency may also contain prohibitions applicable to familymembers. In Case No. 21- , the Commission received a request for advice regarding whether an appointee to the Board of Trustees of the Commission for the Blind could hold that position in lightof the fact that the appointee s husbandwas an employee of the Commissionfor the Blind. The Commissionsought opinion from theAttorney General' s Office because the determination tued on the interpretation of NJ. A. 30:40足 which provides that at least two membersof the Board of Trusteesof the Commission forthe Blind shall themselves legally blind but shall not be employees or related by blood, marrage or adoption to any employeeof the Commission
New JerseyUniformEthics Code, September 2006
for the Blind. The appointeein question was legally blind; however, the Attorney General's Office advised that NJS. A. 30:4- 1 precluded the appointee from servingin such capacity because she was mared to an employee of the Commission. State offcers and employees shouldconsult with their agency Ethics Liaison Officerto detennine whether there is any statutory provision or regulation that prohibits the agencys employment of or other contractualrelationship with family members. The Commission does not have jurisdiction to interpret these provisions and refers such inquiries to the Attorney General's Office. SUMMARY 2006 Nepotism Amendment. The Conflcts Law was amended, effective March 152006 , to prohibit certain relatives of certain Stateofficials from holding particular governental positions and also to prohibit State offcials from supervising, or exercising authority with regard to personnel actions over, a relative of the State offcial. Commission Precedent. In the case of spouses who work for the same agency, the Commission has detennined that supervisor/subordinate relationships are not pennittedbecause one spouse has a direct financialinterest in the salar and continuedemployment of the other spouseand thus shouldnot directly superviseor take personnelactions in regard to the spouse. This policy is also applicable to non-related individuals who share the same household with the same financial interdependencethat the Commission views as creating a conflict in spousal situations.
In regard to other family members working for the same Stateagency, the casesare fact sensitive. The Commission considerssuch factors as whetherthe individuals reside in the same household;the degree of the relationship; whether there is financial interdependence; the size of the work unit in question;whether there is direct supervision; and whether onefamily memberis responsiblefor taking personnelactions that affect the otherfamily member. With respect to the hiring of family members the Commission looks at the totality of circumstances surrounding the hiring to detennine whether any unwarranted privilege has been afforded the familymember. As to interactions with family members or their private sector employers the Commission generally recommends recusal from mattersinvolving the relative and/or the relative s employer in order to eliminate any appearance of impropriety.
In the case of individuals involved in a dating relationship,the Commission has found violationsof the unwarranted privilege and appearancesections of the statute in situations wherethe State employeehad official involvement in a matter affecting the individualwith whom he/she hada dating relationship.
New Jersey UniformEthics Code, September 2006
In regard to the family-member casino-related prohibitions of sections 17.2(b)and 17.2(c),waivers may be requested by contacting the State Ethics Commission. Waivers wil be granted if in the judgment of the Commission such employment wil not interfere with the responsibilitiesof the State officer or employeeand wil not create a conflict of interestor reasonable riskof the public perceptionof a conflict of interest. amilymembersMay2006 d. oc November 2000 Januar 2002 June 2005 May 2006
BOARD OF TRUSTEES RAMAPO COLLEGE OF NEW JERSEY WORKPLACE VIOLENCE
473 ADMINISTRATION AND FINANCE
WORKPLACE VIOLENCE Ramapo College of New Jersey adopts the State of New Jersey’s Policy Against Violence pursuant to Executive Order #49 (1996) related to disruptive behavior exhibited by any faculty or staff or contract employees or any violence in the workplace. The goal is to create a safe, respectful work environment free from intimidation, threats, and acts of violence. Workplace violence includes the threat or actual infliction of physical violence as well as the threat or actual occurrence of psychological violence, which sometimes leads to subsequent physical violence. Moreover, violence or threats of violence against State College property shall not be tolerated. This policy is intended to foster positive, supportive human relations, create a productive work environment for our academic programs and administrative services and allow a campus environment conducive to the mission of learning. Administrators, managers and supervisors are expected to promote positive behavior and to lead by example by treating employees with the respect and dignity which each person deserves. Emphasis is placed on creating a workplace where established standards of conduct are clear, communicated, and consistently enforced, and where corrective action is used fairly and appropriately to deal with instances of unacceptable behavior.
Responsible Unit: Date Adopted:
Administration and Finance/Human Resources April 30, 2003
1
BOARD OF TRUSTEES RAMAPO COLLEGE OF NEW JERSEY WORKPLACE VIOLENCE
473 ADMINISTRATION AND FINANCE
WORKPLACE VIOLENCE Prohibited Conduct Ramapo College does not tolerate any type of workplace violence committed by or against employees or contract employees. Employees or contract employees are prohibited from making threats or engaging in violent activities. This list of behaviors, while not inclusive, provides examples of conduct that is prohibited. 1. Causing physical injury to another person; 2. Making threatening remarks; 3. Aggressive, hostile or menacing behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; 4. Intentionally damaging employer property or property of another employee; 5. Possession of a dangerous weapon (examples of dangerous weapons include but are not limited to any firearm, stun gun, knife with 3’ blade or longer, explosive device, bow and arrow, brass knuckles) while on College property or while on College business; 6. Committing acts motivated by, or related to, sexual harassment or domestic violence. Consequences of Violations of the Policy Violators are subject to criminal prosecution, suspension, and/or termination of employment. Other action taken against violators may include mediation, referral to the College’s employee assistance program, Employee Consulting Associates, or counseling. Depending on the circumstances, College management may request law enforcement personnel to remove from the premises any employee or contract employee who makes threats, exhibits threatening behavior, harasses others, attempts to intimidate employees, or intentionally damages property. ACTION TO BE TAKEN Reporting Procedures Any potentially dangerous situations witnessed must be reported to a supervisor or to the Department of Human Resources. Supervisors must consult with the Department of Human Resources whenever there is a complaint or report of workplace violence. Situations representing imminent danger should be reported to Security immediately. All reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a needto-know basis. Supervisor Responsibilities All complaints or reports of workplace violence must be reported to the Department of Human Resources. Attempts should be made to diffuse a potentially volatile situation, ensure safety of employees, and/or seek medical attention if necessary. Situations representing imminent danger should be reported to Security immediately. 2
BOARD OF TRUSTEES RAMAPO COLLEGE OF NEW JERSEY WORKPLACE VIOLENCE
473 ADMINISTRATION AND FINANCE
Management Responsibilities The College will actively intervene at any indication of a possibly hostile or violent situation. The College will take prompt and appropriate action subject to established College policies and procedures and contractual agreements. This action may include criminal prosecution of the person or persons involved, suspension, and/or termination of employment. Action may also include mediation, referral to the College’s employee assistance program, Employee Consulting Associates, or counseling. Employee Responsibilities All employees are expected to report incidents of workplace violence to a supervisor or to the Department of Human Resources. All employees are expected to cooperate with any investigation of workplace violence. Employees may be asked to provide statements regarding an incident of workplace violence to which they were a witness. Policy Implementation Copies of the policy will be distributed to all faculty and staff, included in the Employee Handbook, and made available on the web. Managers and supervisors will be responsible for informing employees of this policy and for enforcing compliance. Managers and supervisors will continue to have primary responsibility for ensuring a safe workplace, for monitoring and resolution of employee conflicts or disputes, for taking appropriate corrective action when potential violent situation develop, and for working cooperatively with the Department of Human Resources and other College offices when threats or acts of violence occur.
Responsible Unit: Administration and Finance/Human Resources Date Adopted: April 30, 2003
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PURCHASING DEPARTMENT ___________________________________________ Academic Complex Wing D D-116 505 Ramapo Valley Road, Mahwah, NJ 07430-1680 Phone: 201.684.7496 Fax: 201.684.7926 e-mail: purchase@ramapo.edu
SUBSTITUTE W-9, SUPPLIER INFORMATION and SUPPLIER CHANGE FORM Use this form to request a vendor be created in Banner or for any changes to an existing vendor ID. Instructions: Please complete and return to the address above. Individuals: Please complete Parts 1 & 2. Businesses: Please complete Parts 1 to 5. Completion of Part 4 is optional. Changes to an existing ID: Enter the ID and only the data to be changed. RCNJ Requestor:
Date: Existing Banner ID: R
Part 1 Name, Address and Tax Identification Number Legal Name:
Trade Name (DBA):
Mail Purchase Orders & Bids to:
Mail Payments To:
Telephone Number
(
Check Appropriate Box:
)
Fax Number:
Individual
Taxpayer Identification Number
Corporation -
Partnership
(
)
Nonprofit
Government Entity
Social Security Number
Employer Identification Number (EIN)
-
-
-
Part 2 Certification Under penalties of perjury, I certify that: The number(s) shown on this form is my correct taxpayer identification number(s) (or I am waiting for a number to be issued to me), and (2) The organization entity and all other information provided is accurate, and (3) I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. You must cross out item (3) above if you have notified by IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. Authorized Signature
Title
Printed Name
Date
Individuals STOP here. Businesses please CONTINUE Part 3 Business Enterprise Size and Commodity / Service Category Large Business
Certifications: NJ Commerce
Small Business <$500,000
NJDOT
<$12 Million
NJ Transit
Please List the commodities and/or services provided:
SBA
Please check ALL that apply
Construction <$1million
Construction >$1million
State of NJ Self Certification
None
PURCHASING DEPARTMENT ___________________________________________ Academic Complex Wing D D-116 505 Ramapo Valley Road, Mahwah, NJ 07430-1680 Phone: 201.684.7496 Fax: 201.684.7926 e-mail: purchase@ramapo.edu
SUBSTITUTE W-9, SUPPLIER INFORMATION AND SUPPLIER CHANGE FORM (continued)
Part 4 (Optional) Business Enterprise Category, Ethnicity and Ownership Provision of the information in Part 4 is strictly voluntary. Contracting and purchasing decisions made by Ramapo College will not be influenced by whether a business chooses to respond or not. Please check ALL that apply: Minority Owned
Business Enterprise Category: Ethnicity:
African American
Asian American
Woman Owned Caucasian American
Veteran Hispanic American
Please complete for each business owner with a 10% or greater share: Ownerâ&#x20AC;&#x2122;s Name
Percent Ownership
Part 5 Business Certification Business Name from Part 1 Information Furnished by (Please Print): Signature:
Title Date:
Other Native American
DEPARTMENT of PUBLIC SAFETY MOTOR VEHICLE RULES AND REGULATIONS 2008- 2009 __________________________________________________ PARKING PERMITS for STUDENTS .............................................. 2 • • • •
WHAT’S NEW? The Basics Points for Emphasis Student Parking Fees
Residence Hall Parking ………………………………………………………….. 3 General Information……………………………………………………………….. 4 Temporary/Permanent State Disability Placard Parking …..……….. 6 Safety Regulations............................................................................. 6 Motor Vehicle Accident Procedures ................................................. 6 Violations & Fines…….. ..................................................................... 7 Enforcement of Violations ................................................................ 8 Appeals ............................................................................................. 10 The Public Safety Department is located in the Main Academic Building (across from the “Ramapo Arch”) on the Ground floor, Room C-102 and is open 24 hours, 365 days a year. The Public Safety Customer Service Center, located next door in Room C-101, is open during regular business hours for assistance with photo IDs and parking permit problems. Telephone: Non-emergency ........................................................................201.684.7432 (Campus ext. 7432) Emergency.................................................................................201.684.6666 (Campus ext. 6666) Email: Parking Permit Questions/Problems........................................………. parking@ramapo.edu Faculty/Staff only: Campus Events/Visitors - reserved parking requests form on Public Safety webpage or email parking@ramapo.edu.
PARKING PERMITS for STUDENTS WHAT’S NEW? PARKING FOR ALL PINE RESIDENTS – is in the Main D LOT only. THE BASICS of OBTAINING A PARKING PERMIT 1. ALL STUDENTS: The first day to apply for a FALL 08 – SPRING 09 permit is AUGUST 11, 2008. 2. Parking fees are automatically billed to the student’s account with tuition and other fees. Payment of the parking fee does not entitle parking until the permit application is completed and a permit is issued for the vehicle. Register your vehicle for a permit @ www.thepermitstore.com. It is sent to the US mail address you specify. 3.
FOR COMPLIANCE: •
APPLY FOR YOUR PERMIT ONLINE,
•
RECEIVE IT,
•
AFFIX IT TO YOUR VEHICLE PROPERLY, and
•
ACTIVATE IT.
Note: Print a temporary permit at the end of the online registration process. If your application for a permit is flagged as “pending administrative approval,” go back into your permit account to print a temporary permit once you’ve received a confirmation email that your application was approved. Place this in the rear left-side window of vehicle for display until the permit is received in the mail. Allow 10 – 14 business days for mail delivery of the permit. If after this time you have not yet received your permit in the mail, contact parking@ramapo.edu for assistance. 4. Upon receiving the permit: 1) return to your online account at www.thepermitstore.com to activate your permit. 2) affix the permit to the lower right corner of the rear left-side (passenger) window* of your vehicle. *NOTE: Darkly-tinted windows are illegal, according to NJ State Law: Title 39. There is NO CONSIDERATION of an improperly placed permit due to darkly tinted windows. The only exception to the proper placement of a permit is if your vehicle has no rear passenger window, in which case, affix the permit in the lower right corner of the driver’s window.
POINTS FOR EMPHASIS •
Payment of the parking fee along with your tuition and other fees does not constitute parking permit compliance. Register for your permit at www.thepermitstore.com and follow the procedures to obtain it and display it properly on your vehicle.
•
If you have trouble printing the temporary permit at the completion of the online registration process, contact the Permit Store or email parking@ramapo.edu for assistance.
•
Resident students: If you haven’t registered online for your permit by the beginning of the Fall semester, you may prefer to use your campus mailing address to ensure the fastest way to get your permit (and to
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avoid receiving “NO PERMIT” citations after the one week grace period). Be sure to include your assigned Ramapo College mailbox number in the mailing address you provide online. •
Commuter students: you may register two vehicles by applying for a separate permit for each, with an additional fee for the second vehicle of $65. Only one vehicle may be parked on campus at any one time.
•
There is a one week grace period at the beginning of the Fall semester only for No permit/Expired permit violations for which warnings will be issued in lieu of citations. During the first week of the Spring semester, only newly registered students may qualify for this grace period. Citations issued to newly registered students may file an appeal for this consideration.
•
Changing vehicles TEMPORARILY: YOU MUST OBTAIN A TEMPORARY PERMIT FROM THE MAIN ENTRANCE PUBLIC SAFETY BOOTH or you will be subject to summons.
•
Changing vehicles PERMANENTLY: Remove permit from old car, place on the new vehicle, go online to your Permit Store account and select MODIFY to change vehicle information.
•
ACTIVATE YOUR PERMIT!!!: If after you receive your permit, you fail to activate your permit, it is the same as not having one at all and you are subject to receiving summonses for NO PERMIT DISPLAYED.
•
Lost or stolen permits should be reported immediately to the Public Safety Department, located in Room C-102. Email parking@ramapo.edu for assistance in obtaining a replacement. Lost/stolen permits will be reissued to the same vehicle as previously registered. Any person in possession of a lost or stolen RCNJ parking permit, or any person who obtains or transfers possession of a parking permit under false pretenses or by unauthorized means, will be subject to fines, disciplinary action and/or loss of driving privileges.
•
Non-compliance with the College’s Motor Vehicle Rules and Regulations and the laws of the State of New Jersey may result in a citation from Ramapo College and/or the Mahwah Police Department, forfeiture of parking privileges, immobilization and/or towing and impoundment of the vehicle.
•
All vehicles must have a permanent or temporary valid permit or other form of official authorization to park on campus and those to whom a permit is issued are responsible for the operation and parking of that vehicle, regardless of who operates the vehicle.
•
Guests of resident students must obtain a temporary visitor permit from the Main Entrance Public Safety Booth to legally park on campus. For proper registration of overnight guests, refer to the Residence Life Guide to Community Living, available via the Residence Life webpage on the RCNJ website.
STUDENT PARKING FEES ACADEMIC YEAR 2008 – 2009 FALL 08 – SPRING 09 Academic Year* Spring 09 Term Only Summer 09 Term Only Additional/Replacement (Lost/Damaged) Permit
$200.00 $100.00 $100.00 $65.00
*Students not requiring a parking permit may apply for a parking fee waiver through the Bursar’s Office. Please refer to the Bursar’s webpages for deadlines on filing a parking waiver. Fall-only students and December graduating seniors may apply for a refund of ½ the total academic year fee through the Bursar’s Office after the last day of spring registration (see Bursar’s webpage for complete information).
RESIDENCE HALL PARKING 1. Only authorized vehicles are permitted access to the gated parking lots for College Park Apartments, Oak/Maple Halls, the Pavilion, the Overlook or to the Parking Deck. Resident students must have the correct residential parking permit for their vehicle. Residents must use their Ramapo College ID to gain entrance to the North side of Campus (Oak/Maple/Overlook/College Park 3
Apartments). All residents’ vehicles will be issued permits according to their residence location. PINE Residents must park in the D LOT ONLY. VILLAGE residents may park only in the B, C OR D LOTS. LAUREL Residents access the Parking Deck via the Tupelo Road gate to Woods Road. OVERLOOK residents will primarily use the lot adjacent to their building, with the Parking Deck authorized as overflow parking for Overlook residents only. Overlook residents may only access the Parking Deck via the North side of campus, as Overlook residents’ do NOT receive gate access via Tupelo and Woods Road. All residents needing gate access must go to Public Safety’s Customer Service Center (Rm. C101) to have their ID card coded for the correct gate access. Cards are NOT coded for gate access automatically. 2. Students may not park in the lots or spaces reserved for Faculty, Staff or others. Vehicles parked in an unauthorized area may be cited, booted and/or towed. 3. Overflow parking: CPA resident students may use overflow parking available in the North Field (gravel) Lot. As stated in #1 above, Overlook Residents are authorized to use the Parking Deck as an overflow lot. For safety, Overlook residents using the Deck must use the pedestrian footpath between Overlook and the Deck – walking on the roadway is prohibited. 4. Students changing residential status (move from one Hall to another / Commuter to Resident / Resident to Commuter) must SWAP permits – GO TO PUBLIC SAFETY CUSTOMER SERVICE CENTER, RM. C101 immediately upon any such change as there is no “grace period” for issuance of citations for having the incorrect permit displayed. It is the permit holder’s responsibility to produce the old permit for a SWAP to avoid being charged $65 for a replacement permit. 5. Gate access is encoded on the ID card at the Public Safety Customer Service Center (Rm. C101). The most common problem encountered is that of resident students not having had their ID card re-coded to reflect the gate access change when their residence hall changes. 6. Temporary permits are available at the Main Entrance Public Safety Booth for residents being driven by a visitor and for loading/unloading a car. If no parking spaces are available for the resident area, the vehicle must be parked in one of the main lots and occupants must either walk to the residence halls or ride the Campus Shuttle (see #7 below). 7.
Summonses are issued for unauthorized use of reserved, handicapped parking spaces or fire lane/emergency designated areas. Mahwah Township Police may also ticket unauthorized parked vehicles in handicapped or fire/emergency lanes in addition to campus summonses. Life/Safety violations such as parking in a fire lane are subject to immediate towing of the vehicle in violation.
8. The Campus Shuttle operates during the Fall and Spring semesters between the hours of 8:00 p.m. to 2:00 a.m. Designated Shuttle stops are posted throughout the campus and on the Public Safety website. This service is available to all students displaying an RCNJ ID card. Guests must show a Guest Pass to the Shuttle operator.
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GENERAL INFORMATION Ramapo College of NJ appreciates the cooperation and courtesy shown by students, faculty, staff and visitors who observe established parking and traffic regulations. RCNJ has sufficient parking spaces to accommodate faculty, staff, students, and campus visitors, although at times, the lots are near capacity. RCNJ Motor Vehicle Rules and Regulations are for the benefit of everyone who operates a motor vehicle on campus. Violation of these policies is counterproductive and harmful to everyone’s best interest and can result in the loss of parking privileges and/or disciplinary action or referred to Human Resources. All parking permits are the property of Ramapo College and are issued based on the applicant's registration or employment status with the College. It is a serious violation of College policy to attempt to reproduce a parking permit. Violators will be subject to Judicial Affairs disciplinary action.
Specific parking spaces are NOT assigned, except as indicated in designated areas and with posted reserved signage. The large number of vehicles on campus makes it necessary to establish strict regulations to provide for the orderly parking and movement of vehicles. Everyone’s courtesy and cooperation is needed to accomplish this and is appreciated. Overflow parking is available in the General Parking lots, a short walk from the academic buildings, and in the Athletic Fields/Tennis Courts areas, across the street from the Bradley Center Temporary parking permits are available at the Main Entrance Public Safety Booth. Visitors to campus and overnight parking for registered guests is permitted in the C-3 lot only and must have the temporary parking permit displayed. 1. All students, faculty, staff and visitors who operate a motor vehicle onto the RCNJ campus, regardless of the vehicle’s ownership, are automatically subject to Campus Motor Vehicle Rules and Regulations and to the laws of the State of New Jersey. Everyone should recognize that the Ramapo College Campus is largely a pedestrian community, and under New Jersey State Law, pedestrians have the right of way. Please be courteous. 2. Due to limited parking for residential students, only one (1) permit is authorized. Commuting students are allowed two (2) permits (the second permit at an additional fee of $65), but may only park one vehicle on campus on any one day. 3. PARKING ON THE RCNJ CAMPUS IS AT THE OPERATOR'S RISK. Parking and driving anywhere on campus is a privilege, not a right. The presence of any vehicle on campus is, in effect, an agreement by the motorist to abide by these regulations. Receipt of this agreement and/or a parking permit constitutes an acknowledgement on behalf of the motorist that RCNJ is not liable for personal injury, property damage, or the loss of their vehicles, vehicle parts, or vehicle contents. 4. Motorbikes, motorcycles, and motor scooters must have a parking permit mounted on the rear fender. These vehicles are subject to the same regulations as four-wheeled vehicles, except that they are to be parked in a specially designated motorcycle parking area, which is located in the Reserved Parking Circle near the Main Entrance. Under no circumstances may two-wheeled vehicles be parked or operated on sidewalks or grass areas or in any area not authorized for a four-wheeled motor vehicle. 5. VISITORS – All visitors to the campus must report to the Public Safety Information Booth at the Main College Entrance and obtain a temporary parking permit. All visitors are authorized to park in the Main Lots (B, C or D) unless specifically authorized to park elsewhere on campus. 6. Only emergency or authorized vehicles are permitted to drive or park on campus walkways.
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7. The A-1, A-2, A-3 and A-4 lots are reserved for Faculty and Staff only. No student or visitor parking is permitted in these lots unless prior permission has been granted by the Public Safety Director or Assistant Director. 8. RCNJ reserves the right to add to, delete, or change its Motor Vehicle Regulations and fees as conditions warrant. Fees are reviewed annually by the Board of Trustees and announced through Ramapo’s Administration and Finance Division. 9. Faculty and Staff must register their vehicles online at www.thepermitstore.com, but will not be required to pay a fee when they apply for the permit. A second permit may be requested without cost. Faculty and staff may not transfer the second permit to another person. 10. Vehicles must be parked facing “head in” and within the painted parking space lines. 11. No vehicle may be parked longer than 72 hours on campus during semester breaks, summer (unless enrolled as a resident summer student), holidays, vacations, etc. without prior permission from the Department of Public Safety’s Office of the Chief. Requests for exceptions to this policy must be made in writing /email to parking@ramapo.edu. NOTE: If it becomes necessary to leave your vehicle on campus in any manner not permitted or addressed by these regulations, the Public Safety Department must be notified at 201.684.7432. Questions about parking policies may be directed to parking@ramapo.edu and you will receive a prompt reply. Parking regulations are in effect 24 hours a day, 7 days a week, 365 days a year, unless the Ramapo College community is otherwise notified.
TEMPORARY / PERMANENT STATE DISABILITY PLACARD PARKING Parking for persons with disabilities is located adjacent to the academic buildings and residence halls and includes handicapped spaces for vans equipped for wheelchairs. Faculty/staff, student, and visitors’ vehicles displaying a State-issued handicapped parking permit or license plate are also required to display a valid RCNJ parking permit or temporary parking permit. There are no college-issued temporary disability permits. Instead, State Temporary Disability Placards must be obtained from the Chief of Police in the customer’s municipality. They are issued only to those with a temporary disability and are valid for only six (6) months. The following must be accomplished to qualify: 1. Obtain an application (ISM/SP-69) from your local police department, 2. Have a physician certify the application, 3. Return the completed application to the police department with a $4.00 fee, payable to the Motor Vehicle Commission, and 4. The police department will issue the temporary disability placard. LINKS FOR OBTAINING MUNICIPAL OR STATE HANDICAPPED PLACARDS: NY State Department of Motor Vehicles: http://www.nysdmv.com/dmvfaqs.htm#HANDICAP NJ State Department of Motor Vehicles: http://www.state.nj.us/mvc/Vehicle/HandicappedPlates.htm 6
SAFETY REGULATIONS 1. The campus speed limit is 20 MPH, unless otherwise posted. Raised pedestrian crosswalks require a five (5) MPH speed limit. Pedestrians have the right of way at all crosswalks. The speed limit within all parking lots is 10 MPH. 2. Obey all STOP and YIELD signs and all other campus traffic safety signs. Moving violations may be issued for non-compliance by either the RCNJ Public Safety Dept. or the Mahwah Township Police. IMPORTANT NOTE : Summonses may be issued by both Mahwah Township Police AND Ramapo College of NJ. There is no “Double Jeopardy” exception, as since citations issued through the Mahwah Township are in violation of NJ State Title 39, and a violation issued through the Department of Public Safety is a violation of RCNJ’s rules, regulations and policies. A violator will be responsible for both violations, and the outcome of each will have no bearing on the other. Both violations have separate standards of proof. RCNJ moving violations are not recorded on a violator’s driving abstract in the state of issuance of the driver’s license and carry no points against the violator’s license. 3. Parking within ten (10) feet of a fire hydrant or anywhere within a posted fire lane or emergency access area is strictly prohibited. Signs or yellow curb lines indicate these emergency access lanes. 4. All persons driving on campus must comply with the directions and/or instructions given by Public Safety Officers in the performance of their official duties and upon request must produce their RCNJ ID card or, in the case of visitors, their driver’s license. MOTOR VEHICLE ACCIDENTS/DAMAGE 1.
All motor vehicle accidents occurring on campus must be reported to the Public Safety Department. Public Safety will notify the Mahwah Police Department whenever bodily injury has occurred, significant property damage has taken place to one or more vehicles, or when in the judgment of the Public Safety Officer, it is prudent to do so. In cases of personal injury, Public Safety Officers will render basic first aid and if necessary, will call for appropriate medical services to respond. RCNJ maintains an Emergency Medical Services squad, which is dispatched by the Mahwah Police Department.
2. All larcenies/ thefts and vehicle damage should be reported to Public Safety when discovered. Do not leave personal property in view in a parked vehicle. Lock valuable items in the vehicle’s trunk or other well-concealed areas. Lost or stolen property should be reported to Public Safety (C-102) as soon as possible.
NOTE: The State of New Jersey does not indemnify vehicle owners or drivers for damage to their vehicle or for lost of stolen items inside the vehicle. Vehicle owners must carry private insurance to cover these contingencies. 3. In the event of emergencies, traffic and parking procedures are subject to change by the Public Safety Department without prior notice. In that case, the directives of Public Safety Officers or other authorized staff members and local law enforcement personnel must be obeyed. 4. If a Mahwah Police officer prepares a motor vehicle accident report, a copy of that report is available from the municipality. The Mahwah Police Department is located at 221 Franklin Turnpike, Mahwah, NJ 07430. Phone is 201.529.1000. [Insurance companies usually request a police report, as opposed to a College Public Safety Report. College Public Safety Reports often cannot be released, given student privacy regulations.
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VIOLATIONS & FINES 1. Fines of $40 result when these violations occur:
No Decal /Expired Decal /Improperly Displayed Decal Not Parked in a Painted Stall (taking 2 spaces/not between painted lines/parked in diagonally painted lines area)
Unauthorized Parking in the following areas: a. on walkways b. in turn areas c. in 20-minute loading zones d. on lawns or other grassy wooded areas e. in Faculty/Staff parking lots f. in Reserved parking areas (designated signage) g. in Residence Hall areas not valid for the permit displayed h. in temporary handicapped parking spaces (campus designated)
2. Moving violations, assessed at $50 are as follows: a. Failure to Stop or Yield b. Careless Driving c. Improper Passing d. Speeding e. Failure to yield to pedestrian in crosswalk 3. Towing fees are currently $75, in addition to parking violation fines. Students’ College accounts are charged this fee. If your vehicle is towed, contact the Public Safety Department to resolve fines and to determine the location to which the vehicle has been towed. 4. Violations assessed at $100* are as follows:
Illegally parking in any State designated handicapped areas*
parking in a Fire Lane or within 10 feet of a fire hydrant*
*Subsequent violations are assessed at $200, according to NJ State Laws. The Mahwah Police Department, Mahwah Fire Inspector and NJ State Fire Marshal’s Office strictly enforce Fire Lane/Hydrant and Handicapped area parking violations. In addition to campus fines assessed, the Mahwah Police may also issue summonses to violators parked in these areas. These fines are addressed solely through Mahwah Municipal Court. Vehicles in these locations may also be towed without prior warning. 5. Vehicles with three (3) or more unpaid and overdue violations or that present a danger or impediment to normal College operations will have an immobilizer placed on their wheel. A warning notice not to drive the vehicle or to remove the wheel or the immobilizer, will be posted on the window. Vehicle operators must come to the Public Safety Office when an immobilizer is affixed to the vehicle in order to pay all outstanding fines before the Immobilizer will be removed. Payment methods are: a. Go to www.scapay.com, using a credit card or electronic check, or b. During regular business hours, payment to the Bursar’s Office.
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If a vehicle immobilizer is affixed to a vehicle, there is a $35.00 surcharge for removing the immobilizer in addition to payment of all outstanding fines. Any vehicle presenting a clear danger to campus safety or operations will be towed immediately. NOTE: The Mahwah Police will be called to campus whenever it is suspected that a person is operating a vehicle while under the influence of alcohol or illegal drugs. Other violations that the Mahwah Police likely will be contacted about include: • Leaving the scene of an accident • Reckless /Careless driving • Certain violations of New Jersey statutes ENFORCEMENT of REGULATIONS The Public Safety Department enforces the College’s Motor Vehicle Regulations. All campus community members (students, faculty and staff) are subject to fines for violations to these policies. A citation is issued and placed under the windshield wiper of the car in violation. An additional notice of the citation is sent to the alleged violator via their college email address. Where a staff member is not assigned a computer work station, and does not have access to email or computers in performing his or her daily work responsibility, such additional notice will be sent by campus mail. If a student or employee believes a citation meets one of the four criteria (see the Appeals section that follows), an appeal must be filed within the 20 day window available for such at www.scapay.com. Students, Faculty and Staff may pay fines online at www.scapay.com. Faculty and staff may also pay fines in cash or check at the College Bursar’s Office. Faculty and Staff, as employees of Ramapo College, are subject to the College’s Motor Vehicle Rules and Regulations while operating or parking their vehicles on campus. Faculty and Staff are responsible for payment to the College of all fines levied for violations. Payments are made online www.scapay.com. It should be noted that these Motor Vehicle Rules and Regulations are considered College policy. As such, violation of these or any other College policies may result in disciplinary action up to and including removal. NOTE: For Faculty or Staff without access to a computer, assistance with the appeal process is available in the Public Safety Office, the Department of Human Resources, or from Unit Secretaries. A reasonable amount of time will be provided for this purpose with prior approval by the supervisor; such approval will not be unreasonably denied. Students with serious or repeated violations will be referred to the College’s Judicial Affairs Office for appropriate disciplinary action. Disciplinary action may include loss of campus driving and/or parking privileges. If fines are left unpaid, the student’s account will be placed on “administrative hold,” denying the student future registration, obtaining transcripts, and/or receiving a diploma. Fines left unpaid 30 days or longer will be designated as Collection Transfer and assigned to the student’s account. At the end of the academic year, unpaid balances are referred to Collections by the Bursar. Students are responsible for any citations issued to cars owned by family members, friends, or rented cars used by them. It is the responsibility of the student to obtain a temporary parking permit at the Main Entrance Public Safety Booth, for emergency use only, due to vehicle repair, etc. The temporary permit is at no additional fee to the student. The temporary permit may be dated up to one week inclusively if needed.
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Citations not paid or appealed within 20 days are subject to a $5 late fee. A second $5 late fee is assessed after 28 days. Students, visitors, faculty, and staff who receive a municipal summons issued by the Mahwah Police Department on campus should understand that those summonses are adjudicated only through the Mahwah Municipal Court. If these summonses are unanswered or unpaid, the State of New Jersey may suspend or revoke the violator’s license and registration. The College has no authority to rescind or adjudicate municipal summonses. NOTE: The College reserves the right to revoke the campus motor vehicle privileges of anyone who habitually violates motor vehicle regulations or commits an act which seriously threatens the safety of others. Student violators are subject to hearings under the Code of Conduct. The Code of Professional Responsibility addresses employees. Vehicles parked in emergency access lanes, in front of fire hydrants, in handicapped stalls, or on walkways will be summarily towed if necessary. Nothing herein precludes the college from towing or immobilizing vehicles for any violation. Abandoned vehicles: Vehicles found on campus without license plates, regardless of whether there is a current RCNJ parking permit affixed to the vehicle, will be considered abandoned and will be summarily towed off campus. The College cannot offer vehicle storage. The costs for removal and storage of the vehicle are solely the responsibility of the owner or operator of the vehicle. Vehicles parked in the same parking space for more than thirty (30) days will be subject to towing. Students with special circumstances should contact the Public Safety Director. There is a one week grace period at the beginning of the Fall semester only for No permit/Expired permit violations for which warnings will be issued in lieu of citations. During the first week of the Spring semester, only newly registered students may qualify for this grace period. Citations issued to newly registered students may file an appeal for this consideration. APPEALS An online appeal by the owner/driver must be made within twenty (20) days of the issuance of a citation. Failure to file the appeal within twenty (20) days constitutes forfeiture of the right to appeal. All appeals are accepted through www.thepermitstore.com and are reviewed on a regular basis by the College’s Appeals Committee, composed of faculty, staff and students. Appeals will not be considered for: • • • • • •
Ignorance of the regulation Stated inability to find a legal parking space Operation of the vehicle by another person Stated failure of parking enforcement staff to ticket previously for similar offenses Inability to pay the fine Disagreement with Motor Vehicle Rules and Regulations
The only acceptable grounds for appeal are the following: •
Driver or owner misidentified by Public Safety Officer. 10
• • •
No sign or other appropriate notification of restricted parking area provided for drivers. Actual infraction misidentified on ticket. Public Safety Officer’s actions were arbitrary or capricious.
Appellants must identify upon which specific ground(s) they are appealing and briefly describe why they think so. The Appeals Committee may invalidate tickets found to be in error but may not reduce published fines or other sanctions when none of the appeals grounds listed above are met.
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TO BE REMOVED AND PLACED IN A SEPARATE LINK ON PUBLIC SAFETY WEBPAGE EMERGENCY RADIOPHONES (“BLUE LIGHT” CALL BOXES) CONNECT DIRECTLY TO DEPARTMENT OF PUBLIC SAFETY LOCATION
POLE #
LOCATION
POLE #
LOCATION
POLE #
100 C Lot
C3
Box 001 A Lot
A4
Box 007 D2 Lot
D9
200 Pond
P2
Box 002 Cherry Lane
19
Box 008 D1 Lot
D5
T9
Box 003 B2 Lot
B2
R1
Box 004 B3 Lot
B7
Box 601 Laundry Thomases Commons Box 602 #8 Village Quad 1
Cypress
Box 005 (Village) C4 Lot
C9
Box 603 #16 Village Quad 2
V13
011
Box 501 Maple Lot - north
022
Box 604 #20 Village Quad 3
V17
035
Box 502 Maple Main Ent.
W4
W10
Box 503 Maple Lot - SW
044
300 Bay CPA (Lower Evergreen) Box 202 CPA Laundry Box 203 CPA Cypress Box 401 Oak Front Gate Lot Box 403 Oak Lot (east) Box 404 Oak Main Entrance Box 405 Oak Walkway Cafe Box 301 Baseball Field
W18
Dug Out
Box 504 Maple Lot NW Box 505 Maple Lot east
V8 V5
041
Box 605 Overlook Path Center Box 801 Overlook Path (to Pipeline) Box 802 Pond #2 Evergreen
OL20
019
Box 803 Overlook Entrance
OL11
Box 804 Overlook Lot
OL10
Box 701 Bradley Center Lot
OL30 OL37
Box 606 McBride House
M4
400 Sycamore
R9
Box 702 Bradley Center Cherry Lane
12
Box 905 Tupelo Rd Middle
LR9
Box 901 Woods Rd Lower
LH19
Box 903 Laurel Hemlock St
LH7
Box 906 Tupelo Rd Upper
LR14
Box 902 Woods Rd Upper
LH23
Box 904 Tupelo Rd Lower
LR3
12
TO BE REMOVED AND PLACED IN A SEPARATE LINK ON PUBLIC SAFETY WEBPAGE
ON-CAMPUS SHUTTLE SERVICE The campus shuttle runs daily 8:00 p.m. - 2:00 a.m. Departing from the Student Center parking lot on its first run, it makes continuous loops of the campus every 20 minutes. The designated Shuttle stops are:
Student Center parking lot / Laurel, Pine and Linden Halls area The Overlook CPA - Front of Palm Apartments CPA - Front of Holly Apartments CPA - laundry room area CPA - Front of Sycamore Apartments CPA - Front of International Apartments Oak/Maple parking lot Reserved Circle area Bradley Center - Front of Sports and Recreation Center Main Lots (between A-3 and B-3 parking lots) The Village, at the Thomases Commons
Campus Shuttle riders must assemble at the posted shuttle stops. Riders should not stand or walk in the roadways attempting to flag down the shuttle unless an emergency condition exists. Disruptive or dangerous behavior is prohibited. Alleged violators may be referred to the Judicial Affairs Office and will be removed from the Shuttle by RCNJ Public Safety or Mahwah Police. Guests of residents may use the campus shuttle service by displaying their Guest Pass.
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Aquatic Facility Operations Manual
TABLE OF CONTENTS
INTRODUCTION…………………………………………………..……...1 EMERGENCY SITUATIONS WITH 1 LIFEGUARD……………….....2 EMERGENCY CALL # 1: MINOR INJURY……………………………..……2 EMERGENCY CALL # 2: MAJOR INJURY……………………………..……2 EMERGENCY CALL # 3: HAZARDOUS BODY FLUID SPILL…….……..……3 EMERGENCY CALL # 4: MEDICAL EMERGENCY……………………...…..3 EMERGENCY SITUATIONS WITH 2 LIFEGUARDS…………..…….4 EMERGENCY CALL 1: MINOR INJURY………………………...…………..4 EMERGENCY CALL 2: MAJOR INJURY………………...…………………..5 EMERGENCY CALL 3: HAZARDOUS BODY FLUID SPILL……………...……5 EMERGENCY CALL 4: MEDICAL EMERGENCY……………………..……..6 EMPLOYMENT REQUIREMENTS………………………………..……7 LIFEGUARD RESPONSIBILITIES……………………………….…….8 A. FACCILITY OPERATION-OPENING/CLOSING PROCEDURES..….8 B. CHECK-IN..............………………………………………………...........8 C. SWIMMING PROFICENCY……………………………………..……..8 D. RENTAL GROUPS……………………………………………………...9 E. OPEN RECREATION…………………………………………………...9 F. AQUATIC CLASSES……………………………………………………9 G. ATTIRE………………………………………………………………….9 CERTIFIED POOL OPERATOR (CPO) RESPONSIBILITIES………10 A. CPO FROM THE ATHLETICS D EPARTMENT……………………………….10 B. CPO FROM THE FACILITIES DEPARTMENT………………………………..10 OTHER RULES AND REGULATIONS……………………...………….11 • SWIMMING IS ALLOWED ONLY WHEN THE LIFEGUARD IS ON DUTY……………………………………………………………….11 B. RECORD-KEEPING AND REPORTING………………………..……..12 C. CLOSING PROCEDURES………………………………………….…..12 D. TELEPHONES………………………………………………………..…12 E. COLLEGE EMERGENCIES………………………………………….…12 F. REPORTING OF ACCIDENTS/EMERGENCIES………………...……13 G. FIRST AID SUPPLIES……………………………………………….…13 H. POOL MAINTENANCE…………………………………………...…....13 ACCEPTABLE WATER QUALITY STANDARDS……………………14 OUTSIDE RENTAL REQUIREMENTS…………………………..……..14 APPENDIX………………………………………………………………….15 NON-COMPLIANCE LETTER………………………………………..…………15
INTRODUCTION
Ramapo College of New Jersey is committed to providing a safe swimming facility for the use and enjoyment of faculty, staff, students, alumnus and outside rental organizations. This manual has been created to identify and define the operating requirements of the Aquatics Facility. The state regulation covering our swimming pool is "New Jersey State Sanitary Code Chapter IX, Public Recreational Bathing (NJAC 8:26)." This code was re-adopted on March 10, 2004 with amendments added on April 5, 2004 and an expiration date of March 10, 2009. The College maintains two Certified Pool Operators, one from the Athletic Department and the other from the Facilities Department to ensure compliance with applicable regulations.
1
EMERGENCY SITUATIONS WITH 1 LIFEGUARD EMERGENCY CALL # 1: Minor Injury One lifeguard facility/minor injury in this situation. A minor injury is defined as a small (0-2 inches/low blood flow) laceration, abrasion, puncture, etc. STEPS 1.
Lifeguard will access the situation.
2.
Clear pool immediately with three whistle blasts.
3.
Victim is contacted for care to be provided.
4.
Facility supervisor is notified and recruited for assistance.
5.
Care is provided using the on deck first aid kit.
6.
If a spill on deck occurs, contact housekeeping.
7.
Medical director is notified for support.
8.
Equipment returned to appropriate area.
9.
Lifeguard(s) returns to duty.
EMERGENCY CALL # 2: Major Injury One lifeguard facility/major injury in this situation. A major injury is defined as a large (2 inches or more/high blood flow) laceration, abrasion, puncture, avulsion, etc. STEPS
a. Lifeguard will assess the situation, perform proper rescue and clear the pool. b. Victim is contacted for care to be provided. c. Security is contacted. Security will notify EMS and Facility supervisor. d. Situation is assessed by both and care is provided. 2
e. Spill is cleaned up. If necessary, housekeeping is called. f. Equipment returned to respective area. g. Lifeguard(s) returns to duty.
EMERGENCY CALL # 3: Hazardous Body Fluid Spill One lifeguard facility/hazardous body fluid spill in this situation. A blood spill is defined as any visible spill on the pool deck or locker room area. STEPS a. Lifeguard will access the situation. b. Area is identified and blocked off and contained. c. Facility supervisor is notified and recruited for assistance. d. Lifeguard sends for spill kit - housekeeping called. e. Spill is contained with use of on deck kit. f. In the case of large spills, medical director/facility supervisor is notified and in turn, they will contact housekeeping. g. Spill area is cleaned up and refuse is discarded appropriately in Biohazard containers. h. Equipment is returned to respective area. i. Lifeguard(s) returns to duty.
EMERGENCY CALL # 4: Medical Emergency One lifeguard facility/medical emergency in this situation. A major injury that is considered to be a medical emergency is defined as all other emergencies that are previously not stated; i.e. unconsciousness; head/neck/spine injury; severe bleeding; obstructed airway, etc. STEPS a. Lifeguard will assess the situation. 3
b. Victim is contacted for care to be provided. c. Security is notified. Security will notify EMS and Facility supervisor. d. Pool will be cleared and all participants removed from pool deck. e. Witness interviewed, and reports made. f. Care is maintained, until secondary help arrives and all pertinent information is provided to them. g. Family/relatives contacted and informed of the situation. h. Equipment/scene checked and cleaned and returned to respective area. i. Lifeguard(s) returns to duty. j. Facility supervisor is notified and pool is re-opened.
EMERGENCY SITUATIONS WITH 2 LIFEGUARDS EMERGENCY CALL 1: Minor injury Two lifeguards facility/minor injuries in this situation. A minor injury is defined as a small (0-2 inches/low blood flow) laceration, abrasion, puncture, etc. STEPS 1. Lifeguard will assess the situation. 2. Second lifeguard will provide back-up. 3. Victim is contacted for care to be provided. 4. Facility Supervisor is notified for support. 5. Care is provided using the on deck first aid kit. 6. If a spill on deck occurs, please notify Facility Supervisor. 7. Equipment returned to appropriate area. 8. Lifeguard(s) returns to duty. 4
EMERGENCY CALL 2: Major injury Two lifeguards facility/major injury in this situation. A major injury is defined as a large (2 inches or more/high blood flow) laceration, abrasion, puncture, avulsion, etc.
STEPS a. First lifeguard will assess the situation. b. Second lifeguard will provide back up and call Security. c. Security will notify EMS and Facility Supervisor. d. Situation is assessed by all parties and care is provided. e. If a spill on deck occurs, please notify Facility Supervisor. f. Victim is removed from pool and placed in the care of EMS, who will take further action as required. g. Equipment returned to respective area. h. Lifeguards return to duty.
EMERGENCY CALL 3: Hazardous body fluid spill Two lifeguard facility/hazardous body fluid spill. In this situation, a blood spill is defined as any visible spill on the pool deck or locker room area. STEPS a. The first lifeguard will assess the situation. b. Second lifeguard will provide back-up. c. Victim is contacted for care to be provided. d. Facility Supervisor is notified for support. e. EMS/Security is notified by emergency phone on deck.
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f. Situation is assessed by all parties and care provided. g. If spill on deck occurs, please notify Facility Supervisor. h. Victim is removed from pool and placed in the care of EMS, who will take further action as required. i. Equipment returned to respective area. j. Lifeguards return to duty.
EMERGENCY CALL 4: Medical Emergency Two guard facility/medical emergencies in this situation. A major injury is defined as all other emergencies that are not previously addressed; i.e. unconsciousness; head/neck/spine injury; severe bleeding; obstructed airway, etc. STEPS a. First lifeguard will assess the situation. b. Second lifeguard will provide back up and call Security. c. Victim is contacted for care to be provided. d. Security will notify EMS and Facility supervisor. e. Pool will be cleared and all participants removed from the pool deck. f. Witnesses interviewed, and reports made. g. Care is maintained until secondary help arrives and all pertinent information is provided to them. h. Family/relatives contacted and informed of the situation. i. Equipment/scene checked and cleaned and returned to respective area. j. Facility Supervisor is notified and pool is re-opened.
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EMPLOYMENT REQUIREMENTS Lifeguards who are employed at Ramapo College of New Jersey will need: •
Life Training (ARC, Boy Scouts of America, and other nationally recognized organization)
•
Community First Aid & Safety (ARC)
•
Professional CPR (ARC) or Heart Association
• Blood borne Pathogen Training All lifeguards will be required to regularly demonstrate swimming proficiency in order to maintain their employment at the college. It is the responsibility of the lifeguards to maintain their swimming ability and skills. Lifeguards may not swim while on duty! All applicants must have on file copies of all certifications, completed employment application (Cahill Center), and any other documents requested by the Human Resource Department. All lifeguards must keep their credentials and certifications current. Lifeguards will be evaluated and retained based on the following: 1. skill and knowledge (current certification and other aquatic skills) 2. attitude 3. cooperation 4. conformance with standards, rules, and regulations 5. participation at in-house training sessions 6. promptness, dependability and response to situations 7. record-keeping skills 8. attendance Lifeguards must be punctual! When reporting for work it will be important that you alert the Facility Supervisor immediately or someone located in the athletic department. Time sheets are due every two weeks and will be approved by your immediate supervisor. You will be responsible for insuring accuracy and timely submittal of these sheets. 7
LIFEGUARD RESPONSIBILITIES A. FACILITY OPERATION-OPENING/CLOSING PROCEDURES Upon your arrival the facility should already be opened and supervisor personnel should be on duty. Please refer to Supervisor board located on the pool deck. All lifeguards should arrive 15 minutes before scheduled pool opening. When lifeguards come on duty they should: Contact the supervisor on duty Test the pool water with the appropriate pool test kit and make log entries accordingly Make sure all lights are on including the locker rooms. Make sure entrance doors are unlocked PERFORM FACILITY & EQUIPMENT SAFETY CHECK Make sure all safety equipment is in its proper place, i.e. reaching poles are accessible around the pool, and ring buoy lines are free If the deck gets extremely wet please use squeegee to dry it
A. CHECK-IN All bathers entering the pool area will show proper identification (I.D., Friends of Ramapo I.D., UPS I.D., or Alumni I.D.). Do not allow patrons to leave money or personal belongings with you. All patrons will sign in/out of our pool log.
A. SWIMMING PROFICENCY We may ask patrons to demonstrate their swimming proficiency before allowing them into deep water. Our test is: swim one lap using any stroke and then tread water for (2) minutes.
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A. RENTAL GROUPS When a rental group is using the facility, the lifeguard's job is one of overall supervision to insure that safe procedures are carried out. If you notice that the group is not following established guidelines or college policy, please alert the moderator of that group. If they do not comply, notify the facility supervisor immediately.
A. OPEN RECREATION Your responsibilities are to ensure that there is ample space for lap swimmers, yet at the same time, allowing "bathers" ample space in either one or two lanes so that they may enjoy our facility. Your discretion is of tremendous importance here. You must be an active and attentive manager.
A. AQUATIC CLASSES When on duty during classes, lifeguards are expected to perform only lifeguard duties. Although faculty may ask you to assist with class functions, remember you are not an instructor. Students are not permitted in the water unless the class instructor is present in the pool area.
A. ATTIRE While on duty, guards are expected to wear their college issued lifeguard shirts and bathing suits. It is imperative that administrative staff and patrons are aware of who you are by wearing this apparel. Each lifeguard will have a whistle, rescue tube and pocket mask with them at all times.
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CERTIFIED POOL OPERATOR (CPO) RESPONSIBILITIES Ramapo College of New Jersey maintains two CPOs. One CPO is from the Athletics Department and the other from the Facilities Department. Their responsibilities are listed below.
A CPO from the Athletics Department The items listed below are the responsibilities of the Athletics Department designated CPO. o Coordinate and drain pool as necessary. o Access pool filters room (as needed.) o Ensure drains secure in pool daily. o Supervise guards and make sure that they:
Wear distinguished apparel.
Maintain current certifications.
Carry proper equipment (whistles, etc.).
Maintain appropriate number of guards on duty.
Enforce shower before enter pool area (bathers).
Test Water Quality and maintain log book.
Develop/maintain written aquatics plan.
Maintain first aid kit, blood spill kit.
Review use by outside groups (adherence to code requirements and contracts).
Compile and send reports to NJDHSS if necessary (drowning, unconscious person.)
Communicate w/facilities CPO.
A. CPO from the Facilities Department The items listed below are the responsibilities of the Facilities Department designated CPO. •
Coordinate and drain pool as necessary.
•
Access pools filter room as needed.
•
Test water quality. 10
•
Maintain water quality. (Add chemicals.)
•
Maintain pumps, drains, and lines.
•
Troubleshoot mechanical /plumbing problems.
•
Communicate with the Athletics' Department CPO.
OTHER RULES AND REGULATIONS GENERAL GUIDELINES: Please acquaint yourself with the following guidelines: Swimming is allowed only when the lifeguard is on duty. Proper swimming attire is required (no cutoffs etc.). • Horseplay such as running, splashing, shoving, or dunking is not allowed. • Swimming is allowed only in designated areas. • Absolutely no food or beverage is allowed in the pool area. •
Follow the schedule for different activities (such as lane swimming, free swims, and diving).
• Diving is allowed only in designated areas. • Glass containers are not allowed in the facility. • Throwing objects, such as balls, is not allowed. • Alcohol and other drugs are not allowed. • Profanity, improper behavior, and intoxication are not allowed. • Bicycles are not allowed in the facility. • Changing clothes is allowed only in the locker rooms. • Diving or jumping from the side of the pool into the diving area is not allowed. • Instructions by the lifeguards must be obeyed.
• You must set the examples. •
Your job is to understand and reinforce all facility rules and regulations. You should watch for other unsafe practices that are not easily stated as rules, such as the following: 11
•
"Wall Walking" weak swimmers traveling from shallow water to deep water by holding onto the wall or overflow trough.
•
Non-swimmers bouncing from shallow water toward deeper water.
•
Swimming under water alongside the wall (where a patron might be hit by someone who does not see him or her jumping into the water).
•
Placing legs or arms through the rungs of ladders.
B. RECORD-KEEPING AND REPORTING Lifeguards are expected to report attendance of all patrons using the facility during open swim. Patrons must sign in/out of the attendance logbook. Make a note of any accidents that occur. There is an accident report located at the back of the attendance logbook. Please notify your immediate supervisor of any reports that have been written. If you are out of first aid supplies, please notify one of the facility supervisors immediately. Please do not expect the next lifeguard on duty to report any problems you might have come across.
C. CLOSING PROCEDURES When you close, check the pool to insure that there are no bathers left, put all safety equipment back in its appropriate place, and close all exit/entrance doors to the facility. Make sure you let the facility supervisor know of your departure. If he/she is not available please let an administrator of the facility aware of you departure from the pool.
D. TELEPHONES The red telephone located on the wall closest to the women's entrance to the pool is for internal communication throughout the campus. In case of an emergency please refer to the emergency phone list located directly above the phone. Please do not use this phone for personal calls due to the importance of your attention at all times on swimming patrons.
E. COLLEGE EMERGENCIES In the event of an emergency and evacuation of the building is required, please direct all individuals to gather towels and exit at the nearest exit area in the pool. Please assist any individuals with special needs and direct individuals to report to the closest building not affected by the emergency. Please advise individuals not to go into the locker rooms unless they are safe and then only gather clothes and leave to another building to change. Please view attached diagram in appendix for the exits from pool area. Do not leave area until all individuals are out. 12
F. REPORTING OF ACCIDENTS/EMERGENCIES Lifeguards are expected to report any accidents that occur in the aquatic facility. The Accident Report forms are located in the back of the pool sign in book. All reports must be filed with the Certified Pool Operator or Athletic Facility Supervisor immediately. All head, neck, spinal cord injuries and any injury which renders a person unconscious must be reported to the Certified Pool Operator or Athletic Facility Supervisor immediately following the incident. All Fatal Injuries should also be reported immediately. The local Health Department must be notified of the above mentioned before 24 hours has elapsed. It is imperative that all lifeguards hand over accident reports in a timely manner in order to follow proper procedure. Responding to FECAL ACCIDENT the lifeguard should immediately direct everyone to exit the pool. Contact the Facility Supervisor once the pool is cleared. The lifeguard should remain in the pool area, preventing anyone from entering the water. Facility Supervisor will notify the Certified Pool Operator. No one will be allowed to enter the pool until decontamination procedures are completed and acceptable water quality standards are met.
G. FIRST AID SUPPLIES A first aid kit is mounted on the pool wall next to the water fountains. It is a white box with green markings. These supplies must be kept current and in order. If you use any first aid supplies, you must complete a First Aid Supply Request Form. After completion of this form, forward it to the Certified Pool Operator or Athletic Facility Supervisor for restock of items. The kit must be replenished within 24 hours.
A. POOL MAINTENANCE Chemical Water Quality Standards The lifeguard will monitor the quality of the pool water upon their arrival and at two-hour intervals each day that the pool is operational. The result of each water quality analysis will be recorded on the Pool Test Log. The pool test log shall report the time and date of each of these results of each test and the initials of person (lifeguard/CPO) performing the tests.
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ACCEPTABLE WATER QUALITY STANDARDS New Jersey State Recreational Bathing Code Parameter PH Free Chlorine ppm Combined Chlorine Bromine
Minimum
Ideal Max.
7.2 1.0 none 2.0
Indoor Pools
7.4-7.6 1.0-1.5 none 2.0-4.0
7.8 3.0 0.2** 4.0
Combined Bromine PRESENCE DESIRABLE ** REMEDIAL ACTION REQUIRED AT THESE LEVELS. If the required standards or ranges are exceeded, or fall below-required levels, let the Athletic Facility Supervisor or Certified Pool Operator know immediately. If one of the above cannot be reached and the situation is clearly unsafe, CLOSE THE POOL.
OUTSIDE RENTAL REQUIREMENTS It is expected that all requirements contained in this Manual will be adhered to organizations renting the facility. A Security Camera is located in the room and records daily use. The videotapes are periodically inspected for compliance. A form letter will be sent to any rental group not adhering to the requirements of this Manual and/or the Recreational Bathing Code. A copy of this form letter can be found in the Appendix. Under no circumstances may the Aquatics Facility be utilized without a credentialed lifeguard. If a Ramapo College employee lifeguard is scheduled to guard and does not show then the Supervisor on duty must be notified. The swim must (1) be cancelled or (2) a lifeguard meeting the criteria outlined in this document supervise the activity.
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APPENDIX
Non-Compliance Letter
15
Date: ____________________ Dear _____________________:
Organization: ________________________ As the Certified Pool Operator, it is my duty to ensure that users of the pool comply with all the rules and regulations outlined in the Ramapo College Aquatics Facility Operations Manual and/or have been discussed in meetings conducted with group users. On ____________________________, I observed that your group was not in compliance in that your group failed to comply with the regulation concerning ______________________________________________________________________ ______________________________________________________________________ ____________________________________________________________________. I specifically observed ______________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________. If corrections are not made immediately, you may be banned from using the pool until such time as compliance has been re-established. Your contract can be voided if a pattern of non-compliance with the rules and regulations persists and financial penalties can be applied to your organization for individual violations. The College wishes to maintain a cooperative and friendly relationship with all those who use our facilities but we must also be certain that all College rules, as well as local, State, and Federal laws and regulations are followed. We ask you to assist us in maintaining pool safety as a true partner. Please communicate directly with me if you have any concerns or questions. I may be reached by e-mail at pbartolo@ramapo.edu or by phone at 201-684-7111. Thank you. Sincerely, Philip J. Bartolotto, Coordinator of Athletics Certified Pool Operator CC:
V.P. for Administration and Finance V.P. for Student Affairs Office of Events and Conferences
17.
NEW JERSEY YOUTH CAMP SAFETY STANDARDS New Jersey Department of Health and Senior Services P.O. Box 369 Trenton, NJ 08625-0369
N.J.A.C. 8:25 Authority: N.J.S.A. 26:12-1 et seq., specifically 26:12-5 Effective Date: May 4, 1998 with N.J.A.C. 8:25-9.2(f) amended
CHAPTER TABLE OF CONTENTS Page SUBCHAPTER 1. 8:25:1.1 8:25:1.2 8:25:1.3 8:25:1.4
ADMINISTRATION
WATERFRONT SAFETY
Swimming areas.................................................. 9 Waterfront staff ................................................... 9 Swimming procedures......................................... 9 Watercraft ......................................................... 10
SUBCHAPTER 10. SANITATION 8:25-10.1 8:25-10.2 8:25-10.3 8:25-10.4 8:25-10.5 8:25-10.6
PHYSICAL PLANT AND ENVIRONMENT
Plumbing .......................................................... 10 Sewer lines and appurtenances ........................ 10 Storm sewer drainage ....................................... 10 Sewage disposal facilities ................................. 10 Flush toilets ....................................................... 10 Existing privies and pit-toilets ............................ 11
SUBCHAPTER 11. WATER CLOSETS AND SHOWERS
HEALTH
8:25-11.1 Building requirements ....................................... 11 8:25-11.2 Common towels................................................. 12 SUBCHAPTER 12. SOLID WASTE 8:25-12.1 Collection, storage, and disposal of solid waste .......................................................... 12 SUBCHAPTER 13. MISCELLANEOUS
SAFETY
8:25-13.1 8:25-13.2 8:25-13.3 8:25-13.4 8:25-13.5
General provisions .............................................. 7 Hazardous substances........................................ 7 Fire-fighting equipment ....................................... 7 Fire safety ........................................................... 7
SUBCHAPTER 7. 8:25-7.1 8:25-7.2 8:25-7.3
8:25-9.1 8:25-9.2 8:25-9.3 8:25-9.4
TRANSPORTATION
Vehicles ............................................................ 8 Vehicle-related safety practices .......................... 8 Vehicle insurance................................................ 8 Recordkeeping .................................................... 8 Special requirements for physically handicapped, non-ambulatory campers....................... 8
SUBCHAPTER 9.
Health program ................................................... 4 Health director..................................................... 5 Medication administration and storage ............... 5 First aid supplies ................................................. 6 Health records..................................................... 6
SUBCHAPTER 6. 8:25-6.1 8:25-6.2 8:25-6.3 8:25-6.4
CERTIFICATE OF APPROVAL
Site ............................................................ 4 Buildings ............................................................ 4 Heating plant ....................................................... 4 Equipment ........................................................... 4
SUBCHAPTER 5. 8:25-5.1 8:25-5.2 8:25-5.3 8:25-5.4 8:25-5.5
8:25-8.1 8:25-8.2 8:25-8.3 8:25-8.4 8:25-8.5
General care of campers..................................... 3 Staff ............................................................ 3
SUBCHAPTER 4. 8:25-4.1 8:25-4.2 8:25-4.3 8:25-4.4
SUBCHAPER 8.
Certificate of approval ......................................... 2 Application for certificate of approval .................. 2 Issuance of a certificate of approval ................... 2 Annual review of certificate of approval .............. 3 Insurance ............................................................ 3
SUBCHAPTER 3. 8:25-3.1 8:25-3.2
GENERAL PROVISIONS
Purpose ............................................................ 1 Scope ............................................................ 1 Definitions ........................................................... 1 Waiver ............................................................ 2
SUBCHAPTER 2. 8:25-2.1 8:25-2.2 8:25-2.3 8:25-2.4 8:25-2.5
Page
FOOD AND WATER
Electricity .......................................................... 12 Buildings .......................................................... 12 Insect, rodent, and weed control ....................... 12 Farm and domestic animals .............................. 12 Maintenance...................................................... 13
SUBCHAPTER 14. ENFORCEMENT PROCEDURES
Nutrition and meal service................................... 7 Potable water ...................................................... 7 Water sampling records ...................................... 7
8:25-14.1 8:25-14.2 8:25-14.3 8:25-14.4 8:25-14.5
i
Operation standard ........................................... 13 Inspection.......................................................... 13 Powers of the Commissioner ............................ 13 Penalties .......................................................... 13 Hearings .......................................................... 14
“Counselor” means a staff member who is at least 16 years of age. “Department” means the New Jersey State Department of Health and Senior Services. “Facility” means a structure, including furnishings and installations, on a campsite used for living and program purposes. “Health Director” means an adult who meets the qualifications required by N.J.A.C. 8:25-5.2 and who is responsible for the proper medical recordkeeping, care, and treatment of all campers as required in this chapter. “Lifeguard” means a person who is at least 16 years of age and who holds a lifeguarding certificate from an organization recognized by the New Jersey Department of Health and Senior Services, in accordance with N.J.A.C. 8:25-9.2(a). “Lifeguard Supervisor” means an adult who meets the qualifications for a lifeguard and who is in charge at a waterfront and supervises swimming and watercraft activities and related staff, in accordance with N.J.A.C. 8:25-9.2(a). “Local Health Authority” means the local board of health of any municipality or the boards, body, or officers in such municipality lawfully exercising any of the powers of a local board of health under the laws governing such municipality. “Passenger Vehicle” means a motorized vehicle that has a capacity of nine or fewer persons. “Pit Toilet” means a receptacle for the containment and disposal of excrement which is not connected to a pressurized water supply. “Privy” means an outbuilding with one or more seats containing a pit for use as a toilet. “Sanitary Sewage” means any liquid waste containing animal or vegetable matter in suspension or solution, or the water carried wastes resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water carried wastes of human origin or containing putrescible material. This term specifically excludes industrial, hazardous, or toxic wastes and materials. “Septage” means the combination of liquid and solid residues resulting from the treatment of waterborne domestic waste in on-site treatment systems. “Solid Waste” means any garbage, refuse, sludge, or any other waste material if it is disposed of by being discharged, deposited, injected, dumped, spilled, leaked, or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into ground or surface waters. “Type I School Bus” means a school bus having a capacity of 17 to 58 passengers, as determined by the vehicle manufacturer.
SUBCHAPTER 1. GENERAL PROVISIONS 8:25-1.1
Purpose
(a) This chapter sets forth the standards necessary to promote, protect, and safeguard the health and wellbeing of the youth of the State who attend day camps and resident camps. (b) This chapter establishes the minimum standards with which youth camps shall comply in order to receive and maintain approval from the Department. 8:25-1.2
Scope
This chapter shall apply to all private day and resident youth camps operating in New Jersey. The provisions of this chapter shall be enforceable by the Commissioner of the Department of Health and Senior Services or his or her designee. 8:25-1.3
Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: “Act” means the New Jersey Youth Camp Safety Act, P.L. 1973, c.375, N.J.S.A. 26:12-1 et seq., and any amendments thereto. “Activity Specialist” means a person who has specialized training and/or experience in a hazardous camp activity. “Adult” means a person who is at least 18 years of age. “Applicant” means any private individual, partnership, corporation, or other entity, whether for profit or nonprofit, who applies to the Department on prescribed application forms (see N.J.A.C. 8:25-2.2) for the purpose of requesting a certificate of approval to operate a day or resident youth camp. “Approved” means a youth camp has been determined acceptable to the State Department of Health and Senior Services or the local health authority, based on its determination as to conformance with the requirements of this chapter. “Buddy System” means a pairing of campers in order to facilitate the accounting of all campers. “Camp Director” means an individual who is in charge of the youth camp and who is qualified in accordance with N.J.A.C. 8:25-3.2. “Campsite” means land, including natural features, where the main camp facilities are located. “Commissioner” means the Commissioner of the Department of Health and Senior Services or his or her designee. 1
(d) The Department reserves the right to request additional information before processing an application for waiver. (e) A youth camp or activity may be exempted from provisions of this chapter after: 1. A review of materials submitted by the applicant; 2. An inspection of the affected premises and facilities by a representative of the Department; and 3. A determination by the Department that the conditions, practices, or activities to be used are as safe and healthful as those which would prevail if the standards was not waived. (f) As a condition of the waiver, appropriate notice thereof shall be made in writing to the parents and guardians of the affected campers by the camp operator.
“Type II School Bus” means a school bus having a capacity of 10 to 16 passengers, as determined by the vehicle manufacturer. “Vehicle” means any motorized carrier used on public highways to transport campers to and from camp or places incidental to the camp program. “Youth Camp” means any parcel or parcels of land having the general characteristics and features of a camp as the term is generally understood, used wholly or in part for recreational or educational purposes that accommodates five or more children under 18 years of age, other than counselors or lifeguards, for a period of, or portions of, two days or more and includes a site that is operated as a day camp or as a resident camp. The term “youth camp” does not include a day program which offers only a minimal recreational component if the recreational component included in the day program involves no hazardous recreational activity such as (but not limited) to aquatics, archery, horseback riding, and riflery. “Youth Camp Operator” means any private agency, organization, or person, and any individual, who operates, controls, or supervises a youth camp, whether such camp is operated for profit or not-forprofit. 8:25-1.4
SUBCHAPTER 2. CERTIFICATE OF APPROVAL 8:25-2.1
Certificate of approval
Any private individual, partnership, corporation, or other entity, whether for profit or not-for-profit, desiring to operate or conduct a day or resident youth camp in New Jersey shall obtain a certificate of approval for such operation from the Department.
Waiver
(a) The Commissioner or his or her designee may, in accordance with the general purposes and intent of N.J.S.A. 26:12-1 et seq., and amendments thereto, waive sections of this chapter if, in his or her opinion, such waiver would not endanger the safety or health of the public. (b) The youth camp operator seeking a waiver of the standards in this chapter shall apply in writing to: Public Health Sanitation and Safety Program Consumer and Environmental Health Services NJ Department of Health and Senior Services PO Box 369 Trenton, New Jersey 08625-0369 (c) A written application for waiver shall include the following: 1. Nature of the waiver requested; 2. The specific standard(s) for which a waiver is requested; 3. Reason(s) for requesting a waiver, including a statement of the type and degree of hardship that would result upon full compliance; 4. An alternative proposal which would ensure public health and safety; and 5. Documentation to support the waiver application.
8:25-2.2
Application for certificate of approval
(a) Application for the issuance or renewal of a certificate of approval shall be made on forms prescribed by the Commissioner. Such forms may be obtained from: Public Health Sanitation and Safety Program Consumer and Environmental Health Services NJ Department of Health and Senior Services PO Box 369 Trenton, New Jersey 08625-0369 (b) The applicant shall submit a filing fee of $50.00 for a day camp and $100.00 for a resident camp. The fee shall be made payable to “Treasurer, State of New Jersey.” 1. If the application for certificate of approval is denied, the fee shall be refunded to the applicant. 8:25-2.3
Issuance of a certificate of approval
(a) A certificate of approval to establish and operate a day or resident youth camp shall be issued upon approval of the Commissioner. 1. Youth camp structures and facilities shall comply with local building, zoning, and health codes. Letters of approval or a Certificate of 2
Family Services, Office of Child Abuse Control at 1800-792-8610 or 1-609-292-0617.
Occupancy, as the case may be, issued by the appropriate local authority shall be available for review at new camps and renovated facilities. (b) The Commissioner may issue a provisional certificate of approval to establish and operate a day or resident youth camp prior to inspection by the Department. Conversion to and issuance of final approval shall be contingent upon the completion of two satisfactory inspections conducted while the camp is operational. (c) The certificate of approval shall be nontransferable.
8:25-3.2
(a) Each youth camp shall employ a camp director. The camp director shall be at least 21 years of age and shall have at least two years of administrative experience in an organized camp. (b) A youth camp shall have a written statement of personnel policies and practices. Staff shall be informed of these policies and practices and of their specific duties by means of a written job description of each staff classification. (c) The youth camp shall conduct and document pre-season orientation and training for the staff. This orientation and training shall include: 1. Verbal and printed materials on policies and procedures which are required pursuant to this chapter, including, but not limited to: i. Personnel policies and practices; ii. Job descriptions; iii. Disciplinary policies; iv. Basic principles at emergency first aid; v. Emergency procedures; vi. Daily health surveillance procedures; vii. Lost camper policies; viii. Lost swimmer policies; and ix. Any other expectations of the camp director, as applicable. 2. The youth camp operator shall consult with the Department of Human Services, Division of Youth and Family Services for guidance in the development of staff training on issues related to child abuse and neglect. (d) The youth camp operator shall certify a prospective staff memberâ&#x20AC;&#x2122;s background and character through reasonable inquiries. These inquiries shall include, but not be limited to, character references, personal or telephone interviews, and a review of prior employment records. Documentation to verify a prospective staff memberâ&#x20AC;&#x2122;s background and character checks shall be available to the Department upon request. (e) Hazardous camp activities, such as, but not limited to, aquatics, archery, horseback riding, riflery, rope courses, and out-of-camp trips, shall be conducted by a qualified adult activity specialist. 1. Hazardous camp activities shall be conducted in accordance with guidelines issued by an organization recognized in the specialized field. Copies of the guidelines may be obtained from the Department at no charge.
8:25-2.4 Annual renewal of certificate of approved (a) Each certificate of approval shall be valid for a period of one year from the date of issue and shall be renewed annually. (b) Application for the renewal of a certificate of approval shall be made to the Department on forms prescribed by the Commissioner. (c) The application process and filing fee for renewal are the same as set forth at N.J.A.C. 8:252.2(a) and (b), respectively. 8:25-2.5
Insurance
Liability insurance, in an amount consistent with the expected risks, shall be carried by the youth camp. SUBCHAPTER 3. ADMINISTRATION 8:25-3.1
Staff
General care of campers
(a) The youth camp shall state in writing its policies and practices for the discipline of campers and furnished to all camp staff. 1. In no instance shall a camper be deprived of food, isolated, or subjected to corporal punishment or abusive physical exercise as a means of punishment either by staff or by another camper. (b) Reasonable groupings, according to the age and the capabilities of each camper, shall be observed in all activities. (c) Any camp owner, operator, director, counselor, or other employee who has reason to believe that a camper has been or is being subjected to any form of hitting, corporal punishment, abusive language or ridicule, or harsh, humiliating or frightening treatment, or any kind of child abuse or neglect by any person shall immediately report such allegations to the Department of Human Services, Division of Youth and
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(f) A health center shall be established and maintained on the campsite for the temporary isolation and treatment of sick or injured members of the camp community. The health center may be a room, tent, or building. Hot water shall be available at the health center. This facility shall: 1. Be protected from flies and insects; 2. Be located so as to ensure privacy and quiet; 3. Be situated away from the kitchen or food preparation areas; and 4. Include medical equipment and supplies deemed necessary by the directing physician for the health and welfare of the campers.
(f) An adult, who is assisted by a counselor, shall be responsible for the care and supervision of every 20 campers for all camp activities, including off-site camp activities. The camp director shall not be included in this ratio in camps serving over 50 children. SUBCHAPTER 4. PHYSICAL PLANT AND ENVIRONMENT 8:25-4.1
Site
(a) The location of a youth camp shall not present a fire, health, or safety hazard. Any youth camp constructed after June 19, 1974 shall not be divided by a major public highway or railroad. (b) A youth camp shall be located on land that provides good natural drainage or is properly drained through engineered means so that there is no standing water. (c) Youth camps shall protect campers from hazardous areas such as roadways, cliffs, sinkholes, pits, and abandoned excavations. These areas shall either be guarded or fenced off and warnings posted to eliminate the possibility of accidents. 8:25-4.2
8:25-4.3
Heating plant
(a) All heating equipment shall conform to the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23. (b) Heating equipment shall maintain a minimum temperature of 68 degrees Fahrenheit when the outside temperature is zero degrees Fahrenheit. This temperature shall be measured at a point three feet above the floor. An accurate thermometer shall be used to make such measurements. (c) Portable heating devices and/or space heaters shall not be used. (d) Fireplaces and hot water and steam radiators and pipes shall be shielded to prevent burns.
Buildings
(a) Youth camp structures and facilities shall comply with local building, zoning, and health codes. Letters of approval or a certificate of occupancy, as the case may be, issued by the appropriate local authority shall be available for review at new camps and renovated facilities. (b) In new construction in a resident youth camp, an enclosed structure containing sleeping quarters shall be separated from all other such structures by at least 25 feet. (c) In a resident youth camp, each camper shall be provided with his or her own bed and not less than 300 cubic feet of air space in his or her sleeping quarters, with at least two feet of space between the sides of each bed, except that, if tents are used as permanent sleeping quarters, at least 30 square feet of floor space shall be provided for each camper. (d) The total window or skylight area, as measured between stops, for every habitable room shall be 10 percent of the floor area of such room. Windows and/or skylights shall be able to be opened at least 45 percent. (e) During fly season, each door, window, or other opening to the outside which is used for ventilation shall be outfitted with a screen of at least 16 mesh. Each screen door shall swing outward and have an operable self-closing device.
8:25-4.4
Equipment
Equipment used in the youth campâ&#x20AC;&#x2122;s programs shall be of good quality and not present undue risk of injury to campers or staff. Power equipment, especially that used for maintenance of the camp, shall not be stored or left unattended in camp areas. SUBCHAPTER 5. HEALTH 8:25-5.1
Health program
(a) Each youth camp shall establish a medical program. This program shall be under the direction of a physician licensed to practice medicine or osteopathy in New Jersey. Consultation for medical treatment of campers and staff shall be readily available. (b) A written arrangement for medical treatment of serious injury and illness shall be made with a hospital, clinic, or physicianâ&#x20AC;&#x2122;s office as close as possible to the camp where the campers can be taken in case of serious illness or injury.
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(c) All day and resident youth camp health directors shall hold a current certification from the American Red Cross or American Heart Association in professional-level infant, child, and adult cardiopulmonary resuscitation.
(c) During precamp training, all staff shall be instructed in the basic principles of emergency first aid. (d) A bound medical log, listing the date, name of patient, ailment, treatment, and the name of the person who administered treatment shall be maintained at the health center. If an injury or illness is serious, the physician specified at (a) above shall be consulted immediately, and the parents or guardians shall be notified as soon as possible. (e) A youth camp shall have a written outline of daily procedures for health surveillance of campers and staff. If a camper or staff member is suspected of having a communicable disease, he or she shall be isolated and medical assistance obtained. (f) On or before October 1 of each year, every youth camp shall report to the Department all accidents resulting in death or serious injury. This does not include minor injuries which require only first aid treatment and which do not involve professional medical treatment, loss of consciousness, restriction of activity or motion, or premature termination of the camper’s stay at the camp. (g) The following conditions regarding campers shall be reported to the Department within 24 hours of occurrence: 1. Death; 2. Head, neck, or spinal cord injuries; and 3. Any injury which renders a camper unconscious. 8:25-5.2
8:25-5.3
Medication administration and storage
(a) Prescription medication shall be administered only after receipt of written authorization from the camper’s parent, guardian, or prescriber. (b) Nonprescription medication shall be administered only after receipt of written authorization from the camper’s parent or guardian, or in accordance with the camp’s standing orders. Standing orders shall be established by the directing physician. (c) All medication shall be labelled and stored in the original prescription container and in accordance with manufacturers’ instructions. All medications shall be stored in a secure area that is inaccessible to the campers. Drugs requiring refrigeration shall be kept in a separate, locked box in the refrigerator, in a locked refrigerator, or in a refrigerator in a locked medication room. The refrigerator shall have a thermometer to indicate temperature in conformance with United States Pharmacopoeia requirements set forth in the Twenty-third Revision of the United States Pharmacopoeia (USP XXIII) and the Eighteenth Revision of the National Formulary (NF XVIII), as amended and supplemented, available from the U.S. Pharmacopeial Convention, 12601 Twinbrook Parkway, Rockville, MD 20852 (Telephone: 1-800-2278772). (d) Medications for external use shall be kept separate from drugs for internal use. (e) Each camper shall be identified prior to drug administration. (f) Medications dispensed for one camper shall not be administered to another camper. (g) The health director shall insure that the staff members are informed as to the medication needs of each camper under their direct supervision, and any limitations commonly associated with the medication. (h) The health director shall only administer medication authorized by parents, guardians, the camper’s attending physician, or the prescribing physician. The health director may designate an adult to administer medications for life threatening conditions and to campers participating in off-site trips. (i) When any medications are administered to a camper, the camp shall maintain on file a record of: 1. The camper’s name and parental authorization; 2. The name of the medication administered;
Health director
(a) A resident youth camp shall have on duty at all times a resident health director, who is an adult and who is either: 1. A physician licensed to practice medicine or osteopathy in New Jersey; 2. A registered nurse or licensed practical nurse licensed by the State Board of Nursing; 3. An individual who is certified as a paramedic or emergency medical technician or first responder/CIM accredited by the Department or by the American Red Cross in their First Responderlevel training; or 4. An athletic trainer certified by the National Athletic Trainers’ Association Board of Certification (NATABOC), with the appropriate level of training provided by the National Safety Council, or an equivalent certification approved by the Department. (b) A day youth camp, at a minimum, shall have on duty at all times, a health director who is an adult and who is certified by the American Red Cross in Standard First Aid-level training, or has equivalent certification approved by the Department. 5
3. The condition for which the medication is being used and any cautionary information specific to the medication; 4. The instructions for administration, including the dosage and frequency of administration; and 5. The date, time, and name of the person administering the medication to the camper. (j) Medication errors and adverse drug reactions shall be reported immediately to the health director and to the prescribing physician, and an entry shall be made in the camper’s medical record. (k) Whenever practical, unused personal medication shall be returned to the camper’s parents or guardians when it is no longer being administered. Any medication which is not returned or claimed within three working days after the camper’s last day at camp shall be destroyed. (l) Youth camps that do not administer medication shall inform the parents or guardians of this policy prior to the time of enrollment. 8:25-5.4
8:25-5.5
Health records
(a) A written health history for all campers, specifying all known physical and mental conditions including allergies, shall be completed and submitted by a parent, guardian, or physician at the time of admission to the youth camp. (b) A written health history for all staff, specifying all known physical and mental conditions including allergies, shall be completed and submitted by the staff member, a physician, or by a parent or guardian, if the staff member is under the age of 18 at the time of employment. (c) The written health history for campers and staff shall be maintained on file at the youth camp while it is in session. (d) All campers shall be immunized, according to the immunization schedule set forth at Immunization of Pupils in School, N.J.A.C. 8:57-4, against diphtheria, tetanus, polio, measles, pertussis, mumps, and rubella or shall provide a statement from a physician that immunization is in progress. 1. A child may be exempted from mandatory immunization if it is medically contraindicated. The parent or guardian shall submit to the camp a written statement signed by a physician licensed to practice medicine or osteopathy in any jurisdiction in the United States indicating that an immunization is medically contraindicated for a specific period of time, and the reason(s) for the medical contraindication, based upon valid medical reasons as enumerated by the Advisory Committee on Immunization Practices (ACIP) of the United States Public Health Service or the American Academy of Pediatrics (AAP) guidelines, available from the U.S. Public Health Service, Centers for Disease Control and Prevention, Atlanta, GA 30333, or the American Academy of Pediatrics, Committee on Infectious Diseases, PO Box 927, Elk Grove, IL 60009-0927. Such statement shall be kept on file by the youth camp while it is in session. 2. A child shall be exempted from mandatory immunization if the parent or guardian objects thereto in a written statement submitted to the youth camp, signed by the parent or guardian, explaining how the administration of immunizing agents conflicts with the child’s exercise of bona fide religious tenets or practices. General philosophical or moral objection to immunization shall not be sufficient for an exemption on religious grounds. This statement shall be kept on file by the youth camp while it is in session. 3. Those children with medical or religious exemptions from receiving immunizing agents may be excluded from the youth camp during a vaccine-
First aid supplies
(a) First aid equipment shall be available at all times and shall be fully restocked within 24 hours of use. The minimum first aid equipment shall include the following, or equivalent, items: Product Description, items required Quantity Adhesive compress strips (band-aid type) 100 Sterile gauze dressings (sponge) (2" x 2") 25 Sterile gauze dressings (sponge) (2" x 3") 25 Sterile gauze dressings (sponge) (4" x 4") 25 Sterile gauze roller bandage (1" wide) 15 Sterile gauze roller bandage (3" wide) 15 Sterile eye dressing pads (box) 1 Triangle bandages 6 Waterproof tape (1" x 5 yards) 1 Bandage scissors 1 Tweezers (4½") 1 Emergency thermal blanket 1 Instant cold pack 5 Disposable protective face shield 1 Disposable protective gown 10 Latex gloves (box) 1 Pocket resuscitation mask 6 Liquid hand soap 1 First aid guidebook 1
(b) First aid kits shall be available for all out-ofcamp trips and shall be stocked with the items deemed appropriate and necessary by the health director or directing physician for the activities of that trip.
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preventable disease outbreak or threatened outbreak as determined by the Commissioner of Health and Senior Services or his or her designee.
SUBCHAPTER 7. FOOD AND WATER 8:25-7.1
Nutrition and meal service
SUBCHAPTER 6. SAFETY
Youth camps shall store and handle flammable liquids and hazardous substances in conformance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23, and applicable local laws and ordinances.
(a) Youth camps shall conform to Retail Food Establishments and Food and Beverage Vending Machines, Chapter XII, N.J.A.C. 8:24, with respect to foods and food service. (b) The youth camp shall provide food of sufficient quantity and nutritional quality to provide for the dietary needs of each camper. (c) Youth camps shall prepare and serve meals in an appetizing and sanitary manner, and shall prepare meals as close to serving time as possible. (d) Youth camps shall post the current weekâ&#x20AC;&#x2122;s menu in the food preparation area. Food substitutes shall be noted on the menus in writing. After use, the menus shall be kept on file for the entire period of the camping season. (e) Youth camps shall schedule mealtimes to meet the camperâ&#x20AC;&#x2122;s needs and so that there are no excessively long periods of time without food. At least three meals shall be provided each day in a resident youth camp. (f) The youth camp shall not permit potentially hazardous foods, as defined at N.J.A.C. 8:24-1.3, to be brought on site unless there is a refrigerated facility capable of maintaining the foods at or below a temperature of 45 degrees Fahrenheit.
8:25-6.3 Fire-fighting equipment
8:25-7.2
Youth camps shall strategically place fire extinguishers which meet the requirements of the Fire Underwriters Association so that they are easily accessible. Each fire extinguisher shall be serviced regularly and shall be inspected at the time application is made for the certificate of approval and at periodic intervals thereafter for proper care and maintenance.
(a) The potable water supply shall meet the requirements of the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., and all rules promulgated thereunder, regarding construction, operation, and water quality. (b) Those day or resident youth camps which are opened for less than a calendar quarter every year shall present evidence of a water bacteriological and nitrate analysis deemed satisfactory by the standards of (a) above, prior to opening for the season. (c) Drinking fountains, if provided, shall conform to the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
8:25-6.1
General provisions
(a) Every youth camp shall establish written emergency procedures that address, at a minimum, evacuation of the camp, fires, natural disasters, serious accidents, illness or injury, and lost camper(s). These procedures shall be in accordance with guidelines of the New Jersey State Police, Office of Emergency Management. These guidelines are available upon request from the Office of Emergency Management, or from the Department. (b) Each staff member shall be informed of his or her duties in case of an emergency. (c) Fire and emergency drills shall be conducted at least once each camp period or every two weeks, whichever is more frequent. 8:25-6.2
8:25-6.4
Hazardous substances
Fire safety
(a) The youth camps shall obtain certification from the State Fire Marshall or his or her designee that the youth camp is in compliance with all local and State fire regulations. (b) The youth camp shall conform to the requirements of the Forest Fire Laws of New Jersey, N.J.S.A. 13:9-19, and amendments thereto. (c) The youth camp shall only use tents made of fire-retardant fabrics. (d) All permanent structures which are used as sleeping quarters shall be equipped with a smoke detector.
8:25-7.3
Potable water
Water sampling records
The results of water samples which are required by this chapter at N.J.A.C. 8:25-7.2 shall be assembled, recorded, and maintained on site by the youth camp operator for inspection by the New Jersey Department of Health and Senior Services, the local health
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(b) The youth camp shall establish a written policy in which preschool campers shall only be discharged from a vehicle to the custody of a designated person, previously specified in writing, who may be the camperâ&#x20AC;&#x2122;s parent, guardian, or other person(s) stipulated by the parent or guardian for such purpose. (c) The youth camp shall perform emergency evacuation drills for Type I and Type II buses at least once during each camping season.
authority, and/or the Department of Environmental Protection. SUBCHAPTER 8. TRANSPORTATION 8:25-8.1
Vehicles
Any youth camp, person, or agency which provides transportation for campers shall conform to the requirements of Motor Vehicles and Traffic Regulation, N.J.S.A. 39:1-1 et seq., and the Division of Motor Vehicles rules promulgated thereunder at N.J.A.C. 13. 8:25-8.2
8:25-8.3
Vehicle insurance
Any youth camp, person, or agency which provides transportation for campers shall maintain vehicle liability insurance for bodily injury or death as specified by applicable State statutes and rules.
Vehicle-related safety practices
(a) Youth camps shall ensure the following when providing, or making provision for, transportation of campers: 1. Campers shall never be left unattended in a bus or vehicle. 2. Campers shall only enter and exit from the curbside of the bus or vehicle. 3. The interior and exterior of each bus or vehicle shall be maintained in a clean and safe condition with clear passage to operable doors. 4. Each bus or vehicle used to transport children who are under 18 months of age shall be equipped with child passenger restraint systems which meet Federal motor vehicle safety standards, in accordance with provisions of the Division of Motor Vehicles, pursuant to N.J.S.A. 39:3-76.2a. The child passenger shall be secured in the restraint system when the vehicle is in motion. 5. The driver shall not transport more persons than specified by the manufacturer. 6. All passengers shall be seated and shall remain seated whenever the bus or vehicle is in motion. 7. All passengers shall be secured by an operable seat belt, if provided, or proper restraint system, as specified in (a)4. above, as applicable when the vehicle is in motion. 8. In addition to the driver, at least one adult shall be present for every 10 campers being transported in any one vehicle to and from off-site trips, except that at least one adult or counselor shall be present for every seven children who are under the age of six. 9. The driver shall check the vehicle daily to ensure that the vehicle and all safety equipment are in sound operating condition. 10. The driver shall check the vehicle after each run is complete to ensure that no campers remain in the vehicle.
8:25-8.4
Recordkeeping
(a) Each youth camp shall establish and maintain a record of transportation routes, including the names of the campers being transported, the name and address of the driver, a photostatic copy of his or her valid school bus drivers license, and if a contractor is used to provide transportation services, the name and address of the contractor. (b) Each youth camp shall maintain on file the name and address of the person(s) designated as the additional adult(s) to whom each camper may be released as set forth at N.J.A.C. 8:25-8.2(b), and the license tag number of the school bus or vehicle to which each camper is assigned. (c) The youth camp shall maintain documentation of emergency evacuation drills for all passengers who ride the Type I or Type II school buses in a log book containing the following: 1. The date of the drill; 2. The number of passengers; 3. The time taken to evacuate the bus; and 4. The signature of the person conducting the drill. 8:25-8.5
Special requirements for physically handicapped, non-ambulatory campers
(a) For youth camps which provide or arrange for transportation services for physically handicapped campers who are non-ambulatory, the following additional vehicle requirements shall apply: 1. A ramp device or a hydraulic lift shall be provided with a lift minimum payload of 600 pounds. i. If a ramp device is installed, it shall have a non-skid surface, be securely stored, be protected from the elements when not in use, and have at 8
counselors shall be on duty for each 30 or fewer campers in the water. One additional lifeguard shall be on duty for every additional 30 campers or fraction thereof. (e) Swimming pools having a maximum depth of 36 inches and having a maximum swimming area of 500 square feet shall be supervised by one lifeguard with the assistance of two adults for each 20 or fewer campers who are in the water. One additional lifeguard and one additional adult shall be on duty for every additional 20 campers or fraction thereof. (f) Youth camps shall conduct off-site swimming activities only at public bathing facilities, with prior notification provided to the operator of the public bathing facility. Upon arrival, the youth camp group leader shall notify the waterfront supevisor(s) of the public bathing facility as to the size of the youth camp group, age range of the group, and any physical handicaps of the campers. An adult, who is assisted by a counselor, shall be responsible for the care and supervision of every 20 campers at off-site swimming activities.
least three feet of length for each foot of incline. 2. Wheelchairs shall be securely fastened and face forward. 3. The arrangement of wheelchairs shall not impede access to the emergency or exit door. 4. Seat belts, or other restraints approved by the Division of Motor Vehicles, shall be installed for each passenger, including those seated in wheelchairs. 5. Aisles leading from a wheelchair position to an emergency or exit door shall have a minimum width of 30 inches. SUBCHAPTER 9. WATERFRONT SAFETY 8:25-9.1
Swimming areas
(a) Youth camps shall have or use only swimming pools and bathing beaches that conform to all applicable municipal ordinances, State statutes, and the provisions of N.J.A.C. 8:26, Public Recreational Bathing, except as are otherwise specified in this chapter. (b) Every youth camp shall designate sections in its permanent swimming areas, if any, for non-swimmers, beginners, and swimmers. The designation of these sections shall be made pursuant to the standards set forth by the American Red Cross, YMCA, or Boy Scouts of America.
8:25-9.3
Swimming procedures
(a) Each youth camp that includes swimming activities shall develop a system to assess the swimming ability of each camper, classifying each camper as a non-swimmer, a beginner, or a swimmer. (b) Youth camps shall confine campers to swimming areas commensurate with the limits of their swimming ability or in a swimming area which requires lesser skills for which they have been classified. (c) A camper shall be classified as a swimmer only if the camper can, exclusive of a swimming instructional session, jump feet first into water which is over his or her head, come to the surface, swim a distance of 25 feet, change directions, using different strokes, swim a distance of 25 feet, stop and float or tread water for one minute. (d) Youth camps shall establish and implement a system of supervising and checking bathers using the check or buddy board, the buddy system, the colored cap system, or any combination thereof. 1. The system shall be supervised during swimming periods by a member of the aquatics staff. 2. Bather checks shall be conducted at least every ten minutes. (e) Youth camps shall institute a written lost swimmer plan, which shall include, at a minimum, the following: 1. All staff shall know exactly what their duties are in case of a waterfront emergency.
8:25-9.2 Waterfront staff (a) All lifeguards and lifeguard supervisors in any youth camp or any place where youth camp activities are conducted who supervise wading, swimming, or watercraft programs shall be currently certified as lifeguards by the American Red Cross, YMCA, or Boy Scouts of America. Each lifeguard and lifeguard supervisorâ&#x20AC;&#x2122;s certification shall be appropriate to the level of training and supervision which the lifeguard or lifeguard supervisor provides. A lifeguard shall be at least 16 years of age, and a lifeguard supervisor shall be at least 18 years of age. (b) During non-instructional swimming, a lifeguard supervisor shall be in attendance and supervise the program. Watercraft activities shall be supervised pursuant to the provisions of N.J.A.C. 8:25-9.4. (c) During non-instructional swimming, a lifeguard supervisor and one lifeguard shall be on duty for each 30 campers who are in the water. One additional lifeguard shall be on duty for every additional 30 campers or fraction thereof. (d) During instructional swimming, one lifeguard and two adults or one adult lifeguard and two 9
2. A lost swimmer drill shall be held at least once every two weeks.
8:25-10.4
Sewage disposal facilities
SUBCHAPTER 10. SANITATION
(a) No person shall construct, expand, or operate a youth camp unless the local health authority and the Department of Environmental Protection have granted approval for the sewage disposal facilities. (b) Where sewage disposal is to be effected by subsurface means, the sewage disposal facilities shall be designed and constructed pursuant to Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1, and the New Jersey Water Pollution Control Act rules, N.J.A.C. 7:14. The subsurface sewage disposal facility shall be approved by the local health authority and the Department of Environmental Protection. (c) Where sewage disposal is to be affected by means of a wastewater treatment plant discharging a treated effluent into the waters of this State, such wastewater treatment plants shall be designed and constructed pursuant to the Rules and Regulations for the Preparation and Submission of Plans for Sewer and Wastewater Treatment Plants, N.J.A.C. 7:9A-1, and the New Jersey Water Pollution Control Act rules, N.J.A.C. 7:14. The wastewater treatment plant shall be approved by the Department of Environmental Protection prior to its construction. (d) A subsurface sewage disposal system or a wastewater treatment plant shall not be approved where a public sanitary sewer system is available within 100 feet of any sewered building or campsite or as specified by local ordinance. (e) Septage shall be disposed of pursuant to the rules for the Statewide Management of Septage Disposal, N.J.A.C. 7:14-5.
8:25-10.1
8:25-10.5
8:25-9.4 Watercraft (a) Youth camps shall conform to the following when involved in watercraft activities: 1. Watercraft activities shall be conducted only during daylight hours. 2. An inherently buoyant Type I, II, III, or V personal flotation device (PFD), approved by the United States Coast Guard, in good and serviceable condition and of appropriate size for the intended user, shall be provided for and worn by each occupant of a watercraft. 3. Boating on lakes, tidal waters, and ponds shall be supervised by a lifeguard who is on a paddle-board or in a lifeboat or in a rescue craft with another adult observing the activity from a vantage point on the shore or water. i. The paddle-board shall be capable of supporting two adults. ii. The lifeboat or rescue craft shall be equipped with a ring buoy or similar device which is attached to a minimum of 25 feet of rope. 4. Boating on rivers and streams shall be supervised by an adult who has demonstrated boating experience. A lifeguard shall also patrol and supervise the trip in a boat which is equipped with a ring buoy or similar device which is attached to a minimum of 25 feet of rope.
Plumbing
All plumbing and plumbing fixtures shall conform to the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23. 8:25-10.2
(a) Except as provided under N.J.A.C. 8:2510.6(a), flush toilets and urinals shall be provided at one or more locations in every youth camp. (b) Separate bathroom facilities shall be provided for males and females and shall be clearly marked as such. 1. Resident youth camps shall provide one toilet for every 10 female occupants, one toilet for every 15 male occupants and one urinal, or equivalent, shall be available for every 30 male occupants if urinals are used in the youth camp. 2. Day youth camps shall provide one toilet for every 20 persons. If it is an all male day youth camp, one toilet and one urinal, or equivalent, shall be provided for every 30 persons. (c) Each flush toilet shall be in a separate compartment equipped with a door to ensure privacy.
Sewer lines and appurtenances
Sewer lines and appurtenances shall conform to the requirements of the New Jersey Water Pollution Control Act rules, N.J.A.C. 7:14. 8:25-10.3
Flush toilets
Storm sewer drainage
Storm water sewers shall be separate and apart from any sanitary sewage disposal system.
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(d) An adequate supply of toilet paper shall be provided for each toilet. (e) Flush toilets and urinals shall be maintained in a clean and sanitary condition. Whenever a youth camp is occupied, toilet seats shall be washed at least once a day with a disinfectant solution. Unless provided with a flushing device, urinals shall be washed daily with a disinfectant solution. (f) The female bathroom facility shall have a container for sanitary napkin disposal. The container shall have a lid and shall be made from durable, impervious, and readily cleanable material. (g) Portable toilets shall be permitted pursuant to the provisions of Treatment Works Approvals, Sewer Bans, Sewer Ban Exemptions, and Technical Requirements for Treatment Works Approval Applications, N.J.A.C. 7:14A-22 and 23, respectively.
SUBCHAPTER 11. WATER CLOSETS AND SHOWERS 8:25-11.1 Building requirements (a) Concerning water closets and showers, youth camps shall comply with the following: 1. Buildings housing water closets or showers shall be substantially constructed and shall have adequate natural lighting and ventilation. 2. Buildings housing water closets or shower facilities for males and females within the same structure shall be separated by a sound-resistant wall. 3. Exterior water closet and shower building doors shall be self-closing. The exterior doors shall be screened by a vestibule or wall to prevent direct view of the interior when the exterior doors are open. 4. All water closet and shower building windows and vents shall have fly-proof screens. 5. The window area of water closet and shower buildings shall equal at least 12 percent of the floor area. Windows shall be located as high as possible and, wherever possible, along more than one wall. 6. The interior finish of water closets and showers shall be made from moisture-resistant material which shall be able to withstand frequent washing and cleaning. 7. Water closet and shower floors shall be constructed from material that is impervious to water. 8. Shower floors shall be sloped to properly trapped floor drains connected to the sewerage system, in accordance with provisions of the New Jersey Uniform Construction Code, N.J.A.C. 5:23. 9. The interior finish of all water closets and showers shall be washed and painted regularly to maintain them in a clean and sanitary condition. The floors shall be washed at least once daily with disinfectant solution. (b) Youth camps may utilize portable showers if the portable showers comply with the provisions of Treatment Works Approvals, Sewer Bans, Sewer Ban Exemptions, and Technical Requirements for Treatment Works Approval Applications, N.J.A.C. 7:14A-22 and 23, respectively.
8:25-10.6 Existing privies and pit-toilets (a) Youth camps which have used privies and pittoilets prior to June 6, 1994 shall be permitted to continue using them where it would be impracticable under Department of Environmental Protection rules to provide flush toilets. (b) Privies and pit-toilets shall be constructed of readily cleanable material and shall be provided with adequate natural lighting and ventilation. (c) Privy and pit-toilet doors shall be self-closing. (d) Privy and pit-toilet windows and vents shall be equipped with fly-proof screens. (e) Each privy and pit-toilet shall be provided with a watertight vault so that flies cannot gain access to the excrement. Excrement shall not be allowed to fall or spill onto the ground. The vault shall not extend below the prevailing water table. (f) Each privy and pit-toilet shall have a raisable seat and lid and both shall be made from smooth, durable, impervious, and readily cleanable material. (g) Each privy and pit-toilet shall be located at least 150 feet from any well or point well, stream, or lake, and at least 50 feet from any campsite. (h) Lime or other deodorant substances shall be sprinkled at least once daily on the contents of privy vaults to minimize odors. (i) The vault of a privy or pit-toilet shall be emptied regularly and the contents thereof shall be disposed of pursuant to the requirements of N.J.A.C. 7:14A-22 and 23.
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8:25-11.2
8:25-13.2
Common towels
(a) Youth camps shall ensure that all buildings are in compliance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23. (b) Youth camps shall ensure that buildings used in the preparation of food and drink are constructed and operated pursuant to the requirements of Retail Food Establishments and Food and Beverage Vending Machines, Chapter XII, N.J.A.C. 8:24.
Youth camps shall not permit the use of common towels. SUBCHAPTER 12. SOLID WASTE 8:25-12.1
Collection, storage, and disposal of solid waste
(a) Youth camps shall manage the storage, collection, and disposal of solid waste to prevent health hazards, rodent harborage, insect breeding, accident hazards, and air pollution, including at least the following: 1. All solid waste shall be stored in durable, watertight containers. 2. Where the separation of solid waste and recyclables is required as an aid to municipal solid waste collection, separate marked containers shall be provided and appropriately identified as required by local ordinance. 3. Unless solid waste is collected daily, the containers shall be furnished with a fly-tight lid. 4. Solid waste and recycling containers shall be located at one or more centralized locations within the camp. 5. The storage capacity of solid waste and recycling containers shall be sufficient to hold all of the solid waste and recyclables which accumulate between periods of removal from the premises. 6. Solid waste and recycling containers shall be washed regularly to keep them clean and odorfree and to prevent the breeding of insects therein. 7. All solid waste and recyclables shall be collected regularly, but not less than two times per week. (b) In addition to (a) above, youth camps shall conform to the requirements of the Rules of the Bureau of Solid Waste Management, N.J.A.C. 7:26, and the applicable District Solid Waste Management Plan.
8:25-13.3
Insect, rodent, and weed control
(a) Youth camps shall control mosquito breeding by keeping the youth camp free of cans, jars, buckets, old tires, and other articles which may hold water and provide temporary breeding places for mosquitoes. 1. When mosquito control measures and supplemental larvicidal measures are necessary to control mosquito populations, such measures shall be undertaken pursuant to the requirements of the New Jersey Pesticide Control rules, N.J.A.C. 7:30. (b) Youth camps shall control fly breeding by eliminating unsanitary practices which may promote the development of breeding places. 1. Leaking solid waste and recycling containers shall be repaired or replaced. 2. The area surrounding waste and recycling containers shall not be littered with food wastes or other solid wastes. (c) Youth camps shall maintain all enclosed buildings so as to eliminate rodent harborage, placing special emphasis on buildings where food is stored or served. (d) Youth camps shall control weed growth along pathways and within each campsite to reduce tick and chigger populations. 1. Poison ivy, poison oak, and poison sumac shall be controlled within each campsite. 2. The application of pesticide(s) shall conform to the requirements of the New Jersey Pesticide Control rules, N.J.A.C. 7:30. 8:25-13.4
SUBCHAPTER 13. MISCELLANEOUS 8:25-13.1
Buildings
Farm and domestic animals
(a) Youth camps shall not locate any living quarters, kitchens, or mess halls within 100 feet of housing for horses or other farm animals. (b) Wherever farm or domestic animals are kept, youth camps shall not allow manure to remain for more than 24 hours.
Electricity
A youth campâ&#x20AC;&#x2122;s electrical systems, equipment, and grounding shall conform to the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
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1. Fly repellent and other precautions shall be used to prevent these areas from becoming an attraction to or breeding place for flies. (c) Youth camps shall not allow drainage from stables and temporary horse quarters to flow into a spring, stream, or lake. (d) Youth camps shall not permit farm and/or domestic animals on a bathing beach or in the water in the area used for waterfront activities. 8:25-13.5
8:25-14.2
(a) The Department or local health authority shall inspect every youth camp as required by Recognized Public Health Activities and Minimum Standards of Performance for Local Boards of Health in New Jersey, N.J.A.C. 8:52, and as often as the Department deems necessary. (b) The youth camp operator shall permit access to representatives of the Department or local health authority to all parts of the youth camp.
Maintenance
(a) Youth camps shall be maintained in a clean, safe, and sanitary condition, ensuring, at a minimum, the following: 1. All roofs, exterior walls, doors, skylights, and windows shall be weather- and watertight and kept in sound condition and in good repair. 2. All floors, interior walls, and ceilings shall be sound and in good repair and maintained in a clean and sanitary condition. 3. All plumbing fixtures and water and waste pipes shall be maintained in working condition and kept clean. 4. All water closet, bathroom, and kitchen floors shall be maintained to be reasonably impervious to water and in a manner providing for a clean and sanitary condition. i. Floor finishes should be of non-slip material. ii. Floors shall be cleaned at least once per day and kept in good repair. 5. Recreational equipment, including playground devices, shall be inspected at least once per week during the use season. i. A permanent record of each inspection shall be maintained. ii. Equipment shall be maintained in safe operating condition at all times.
8:25-14.3
Powers of the Commissioner
(a) In addition to the powers and duties of the Commissioner otherwise provided in any other Act or rule, the Commissioner may: 1. Enter and inspect any youth camp and its records; 2. Question a campâ&#x20AC;&#x2122;s staff, employees, and its contractors; 3. Investigate facts, conditions, practices, or other matters to the extent he deems it necessary and appropriate to determine whether the youth camp, its owners, operators, employees, and contractors are in compliance with the Act and this chapter; 4. Administer oaths; 5. Examine witnesses under oath; 6. Issue subpoenas; 7. Compel the attendance of witnesses; 8. Compel the production of papers, books, accounts, records, payroll, documents, and testimony; and 9. Take depositions and affidavits in any proceeding before the Commissioner. 8:25-14.4
Penalties
(a) Whenever the Department finds that a youth camp operator has violated any provision of the Act or this chapter, the Commissioner may revoke the certificate of approval and may assess a civil administrative penalty not to exceed $1,000 per day. If the violation is of a continuing nature, each day shall constitute an additional and separate offense. (b) No revocation shall occur nor any assessment shall be levied pursuant to this section until the violator has received notice which shall: 1. Be delivered by personal service or certified mail to the violatorâ&#x20AC;&#x2122;s last known address; 2. Specify the provisions of the Act or N.J.A.C. 8:25 which have been violated; 3. Contain a concise statement of the facts alleged to constitute the violation;
SUBCHAPTER 14. ENFORCEMENT PROCEDURES 8:25-14.1
Inspection
Operation standard
All youth camps shall be operated in compliance with the provisions of this chapter and the New Jersey Youth Camp Safety Act, N.J.S.A. 26:12-1 et seq., and all amendments thereto.
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be closed following the date the order becomes final, as appropriate to the circumstances; iv. The date by which payment of the fine(s) is required following the date the order becomes final, as appropriate to the circumstances; v. The date by which any corrective action by the youth camp must complete following the date the order becomes final, as appropriate to the circumstances; vi. The right of the youth camp to request a hearing within 10 days of receipt of the order, and the minimum information which must be contained in the hearing request; vii. The right of the youth camp to request an informal conference prior to commencement of the hearing; viii. The right of the youth camp to request a settlement conference at any time prior to the rendering of a final decision on the hearing; and ix. A statement explaining that if the youth camp does not request a hearing within 10 days of receipt of the order, the order becomes final, and the youth camp waives its right to an administrative hearing. 3. Notwithstanding (a)1. above, the Commissioner may seek injunctive relief through a summary proceeding prior to the exhaustion of administrative remedies by the youth camp, which shall not in any way reduce any penalty imposed by the Commissioner. 4. Either the Commissioner or the youth camp may request an informal conference prior to the hearing. 5. Either the Commissioner or the youth camp may request a settlement conference at any time prior to the issuance of a final decision following a hearing. (b) A youth camp shall request a hearing within 10 days of receipt of an order of finding of violation or waive its right to such a hearing. 1. An informal hearing at the Department shall be scheduled within 60 days of the receipt of the request for a hearing. 2. If the matter is not resolved at the informal hearing, the Commissioner shall transfer the matter to the Office of Administrative Law in accordance with the provisions of N.J.S.A. 52:14B-1 et seq. 3. The decision of the agency following a hearing shall be a final agency decision, and the
4. Specify the amount of civil administrative penalties to be imposed; and 5. Provide notice of the violatorâ&#x20AC;&#x2122;s right to a hearing or an informal conference or review pursuant to N.J.A.C. 8:25-14.5. Such notice shall: i. Specify the time period in which the violator may submit a written request for a hearing; and ii. Specify the address to which such request may be submitted. (c) In assessing a civil administrative penalty pursuant to the Act or this chapter, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violation: 1. Degree of hazard posed to human safety and welfare; 2. Degree of harm posed to the proper administration of the youth camp certification program; 3. Past history of compliance on the part of the violator; 4. Economic benefit that the violator accrues as a result of the violation; and 5. Performance of the violator in correcting the violation. (d) In addition to other sanctions in this chapter, the Commissioner shall require the immediate correction of any violation. (e) No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule, or regulation shall be excluded or impaired by this chapter. 8:25-14.5
Hearings
(a) The Commissioner may order the revocation of a youth campâ&#x20AC;&#x2122;s certificate of approval, the payment of a fine, or both, upon a finding of violation of the Act, this chapter, or an order issued pursuant thereto. 1. The order shall not become final, and may not be sued upon by the Commissioner in accordance with N.J.S.A. 2A:58-1 et seq. (the Penalty Enforcement Law), until the youth camp has received written notice of the order, and an opportunity for a hearing. 2. The order shall be in writing and shall set forth all known violations, as well as the following: i. The facts, statutes, rules, and orders, if any, upon which the finding is based; ii. The penalty(ies) imposed; iii. The date by which revocation of the certificate of approval shall be effective, and the youth camp shall 14
1. The degree of hazard posed to human safety and welfare; 2. The degree of harm posed to the proper administration of the youth camp certification program; 3. The past history of compliance by the youth camp, its owners, operators, employees, and contractors; 4. The economic benefit that accrues, or which may accrue, to the youth camp as a result of the violation; and 5. The youth campâ&#x20AC;&#x2122;s performance in correcting the violation(s).
order set forth therein shall be a final order on the matter. i. The order set forth in the final agency decision may accept, modify, or reject the order of finding of violation. (c) Notice of the order and any requests for a hearing or conferences shall be effective upon receipt if sent by certified mail to the address on file with the Department of the holder of the certificate of approval for the youth camp, or to the address specified in N.J.A.C. 8:25-2.2, as appropriate. (d) The Commissioner shall consider the following in determining what penalty to impose upon a youth camp found to be in violation of the Act, this chapter, or any order issued pursuant thereto:
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ALERT ME NOW INFORMATION SHEET Please provide emergency contact phone numbers for your summer camp/conference/program at Ramapo College. Each group may provide up to 3 numbers. Two numbers can be voice and one can be a text alert. Name of Group:________________________________________ Dates on Campus________________________________________ Include area code Phone 1 Phone 2
Text
Completed “ALERT ME NOW INFORMATION SHEET’s” should be returned to the Office of Events and Conferences at least two weeks prior to your arrival. For Information regarding ALERT ME NOW go to: http://ww2.ramapo.edu/facultystaff/hr/guidelines/index2.aspx?id=13438
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Center for Health & Counseling Services Student Health Services 505 Ramapo Valley Road, Mahwah, NJ 07430-1680 Phone (201) 684-7536 Fax (201) 684-7534
www.ramapo.edu HEALTH HISTORY FORM FOR RAMAPO COLLEGE PROGRAMS, SPECIAL EVENTS AND CONFERENCES
SAMPLE The information on this form is not part of the participant’s acceptance process but is gathered to assist Health Services in identifying appropriate care. Any changes to this form should be provided to the health personnel upon participant’s arrival. Please provide complete information so that Ramapo College of NJ Health Services Department can be aware of your needs. Name: _____________________________________________________ Last First Middle
Birth Date ___________________________________
Home Address ______________________________________________________________________________________________ Street Address City State Zip Social Security Number of Participant ___________________________
Gender
Female
Male
Name of Program, Special Event or Conference EOF Governor’s Program Upward Bound Other _______________________________________________________________________________ Custodial Parent / Guardian _____________________________________
Phone __________________________________
Home Address ____________________________________________________________________________________________ If different from above Street Address City State Zip Business Address ______________________________________________________________ Phone _____________________ Street Address City State Second Parent / Guardian or Emergency Contact _______________________________________________________________ Address ______________________________________________________________________ Street Address City State
Phone _____________________
Business Address _______________________________________________________________ Phone ____________________ Street Address City State
If not available in an emergency, notify:____________________________________ Relationship _________________________________________
Phone ______________________________________
Address ____________________________________________________________________________________________________ Street Address City State Zip
Insurance Information Is the participant covered by family medical /hospital insurance?
YES
If YES, indicate carrier or plan name ________________________________________
NO Group # _______________________
Photocopy of front and back of insurance card must be attached to this form.
IMPORTANT –THIS SECTION MUST BE COMPLETED
New Jersey’s Public Liberal Arts College
Center for Health & Counseling Services Student Health Services 505 Ramapo Valley Road, Mahwah, NJ 07430-1680 Phone (201) 684-7536 Fax (201) 684-7534
www.ramapo.edu Parent / Guardian Authorization: This health history is correct and complete as far as I know and the Person herein Described has permission to engage in all activities except as noted. I hereby give permission to Ramapo College of NJ, Health Services Department, to provide routine health care, prescribe medications, and seek emergency medical treatment including ordering x-rays or routine tests. I agree to the release of any records necessary for insurance purposes. I give permission to Ramapo College of NJ, Health Services Department, to secure and administer treatment. In the event of transportation to a local hospital, I give permission for the transportation, the release of medical records and information to the hospital. I hereby give permission for the photocopy of this form for use in those situations. Signature of parent / guardian __________________________________________
Date ______________________
Printed Name _________________________________________________________ Allergies Please list all known. Attach additional sheets as necessary. Medication Allergies (list)
Please describe reaction and usual management for the reaction
_________________________
________________________________________________________________________
_________________________
________________________________________________________________________
Food Allergies (list)
Please describe reaction and usual management for the reaction
_________________________
________________________________________________________________________
_________________________
________________________________________________________________________
Other Allergies (list) Please describe reaction and usual management for the reaction. Please include insect stings, hay fever, animal, etc. ________________________
________________________________________________________________________
________________________
________________________________________________________________________
Medication Currently Being Taken Please list ALL medications (including over the counter or non-prescription drugs) taken routinely. Bring enough medication to last while you are at Ramapo College of NJ. Please keep medications in original packaging / bottle that identifies the prescribing medical provider (for prescription drugs), as well as the name of the medication, the dosage, and the frequency of administration. Attach additional pages as needed. This person takes NO medications on a routine basis. This person takes medications as follows: Medication #1 ________________________________ Dosage __________________________ Specific times when medication is taken each day ____________________________________ Reason for taking medication ______________________________________________________ Medication #2 _______________________________
Dosage __________________________
Specific times when medication is taken each day ____________________________________ Reason for taking medication _____________________________________________________ Restrictions The following restrictions apply to this individual Does not eat
Red Meat Seafood
New Jerseyâ&#x20AC;&#x2122;s Public Liberal Arts College
Pork Eggs
Dairy Products Poultry Other (describe) __________________________________
Center for Health & Counseling Services Student Health Services 505 Ramapo Valley Road, Mahwah, NJ 07430-1680 Phone (201) 684-7536 Fax (201) 684-7534
www.ramapo.edu
Explain any restrictions to activity (e.g., what cannot be done, what adaptations or limitations are necessary.) _______________________________________________________________________________
____________________________________________________________ General Information
Please explain all “YES” answers below
Has the participant: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.
YES
NO
Has any recent injury, illness or infectious disease? Have a chronic or recurring illness / condition? Ever been hospitalized? Ever had surgery? Have frequent headaches? Ever had a head injury? Ever been knocked unconscious? Wear glasses, contacts or protective eyewear? Ever had frequent ear infections? Ever passed out during or after exercise? Ever been dizzy during or after exercise? Ever had seizures? Ever had chest pain during or after exercise? Ever had high blood pressure? Ever been diagnosed with a heart murmur? Ever had a back problem? Ever had problems with joints (e.g., knees, ankles)? Ever had skin problems (e.g., itching, rash, acne, hives)? Have diabetes? Have asthma? Had mononucleosis in the past 12 months? Had problems with diarrhea or constipation? If female, an abnormal menstrual cycle? Ever had an eating disorder? Ever had emotional difficulties for which professional help was sought?
Please explain any “YES” answers, noting the number for each question before the response _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Please use this area to provide any additional information about the participant’s behavior, emotional, physical or mental health about which Health Services should be aware. _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Name of Family Health Care Provider / Physician ______________________________________________________________ Address ___________________________________________________________ Phone _________________________________ Street Address City State Zip
New Jersey’s Public Liberal Arts College
Ramapo College of New Jersey
Safety Policy Candle Use
CANDLE USE Purpose In order to minimize the possibility of a fire occurring due to the use of candles at Ramapo College, the following policy has been adopted. Candles may be used in certain academic buildings for special purposes as outlined below. Candles may only be used in areas protected by sprinklers. A candle registration form must be completed for all events requesting the use of candles.
Residence Halls The use of candles (including birthday candles), incense or similar items with open flames is prohibited in all Residence Halls (including apartments). Exceptions are made for students celebrating religious festivals and can be requested through the Office of Residence Life.
Dining Events: Candles may be used on dining and serving tables only when they conform to the following provisions: · · · · ·
Candles must be securely mounted in suitable fireproof holders, which prevent tipping and contain melting wax. The device or holder must return to an upright position after being tilted to an angle of 45°. (e.g. glass spheres commonly used in restaurants.) The flame must be covered by a fireproof shade or chimney, which is securely fastened to the holder. (e.g. a glass hurricane shade.) The flame must be enclosed except for an opening at the top such that a single layer of tissue paper placed on top will not ignite in 10 seconds. No combustible materials may be attached to, or in close proximity with the candles while burning. This includes natural greenery and other decorations. Ignited candles may not be left unattended.
Religious Services: Candles may be used for religious services as long as their use conforms to the following: · · ·
Burning candles must be securely placed in suitable fireproof holders designed for this purpose. (e.g. metal candlesticks, menorah or similar holder.) Burning candles may not be left unattended. If candles are to be held in the hand while lit, the provisions of the section concerning "Candlelight Services" must be followed.
Candlelight Services: Hand held candles may be used for special services as long as they conform to the following: · · · · ·
Only "dripless" type candles may be used as hand held candles. Drip protectors / guards must be attached to all hand held candles. Hand held candles must be extinguished before being set down in any way. Candles will be extinguished before exiting the function room. Suitable fireproof receptacles must be provided for disposing of the extinguished candles after the event. An example of a fireproof receptacle is an outside cigarette receptacle. This type of receptacle can be requested in the Candle Registration Form.
Ramapo College of New Jersey
Safety Policy Candle Use
Candle Registration Form This form must be completed for all events on campus involving the use of one or more candles. The completed form must be returned at least two weeks prior to the event. Sponsors should not buy candles or holders until they are notified of approval. Approval or denial of event will be sent to the phone number or email address listed below. Fax completed form to the Director of Environmental Health and Safety x7508 or email to gmayerco@ramapo.edu
Name
Phone/e-mail
Date of Event
Organization/Event
Time of Event
Location
1.
Describe the type of event and use of candles in the event:
2.
Approximately how many candles will be used, for how long and what type of candle(s)/holder(s):
3.
I will need a fireproof receptacle for candle disposal: YES
NO
The College will provide this at no cost if requested. 4.
My event is recurring and involves the repetitive use of candles as described above. I am requesting the registration to be valid for one year. YES NO Describe the frequency and location of the event. Any changes to the dates, time or location require notification to the Director of Environmental Health and Safety.
I understand that all guidelines in the Candle Use Policy will be adhered to. Special care will be taken to ensure that candle wax is contained and College property is not damaged. Signature Signature of Advisor (if applicable)
Date
Ramapo Dining Services 505 Ramapo Valley Road, Mahwah, NJ 07430-1680 Phone 201.684.7805 Fax 201.684.7936 www.ramapo.edu
Summer Academic Programs and Athletic Camps Participant Guarantee RAMAPO COLLEGE DINING SERVICES Group Name____________________________________________________________________________ Dates________________________________________________ Estimated Overnight Participant Count: Include breakfast, lunch, dinner, Mon. – Fri.__________ Include brunch and dinner on weekends Estimated Daily Participants (Include lunch only):
__________ __________
Incoming/Outgoing Information: First Meal (date and meal) __________________________________________________ Last Meal (date and meal) __________________________________________________ Requested meal times:
• • • • • • •
Breakfast __________________ Lunch _____________________
Brunch _________________ Dinner _________________
Meal Service will begin when a named representative from each organization and Ramapo Dining Services are present at each seating to sign off on meal counts. Any discrepancies in the meal count will default to Ramapo Dining Services at the end of each week Dining Services. Final guaranteed counts must be provided to Ramapo Dining Services one week prior to arrival. Your bill will reflect guaranteed counts or actual counts if higher than guarantee. Failure to return this completed form by May 1, 2008 may result in Ramapo Dining Services inability to fill all of your dining needs. Preferred meal time does not guarantee time slot. Special requests may be directed to the Catering Department at ext. 7772.
Weekend meals will include Brunch and Dinner unless other arrangements are made with Ramapo Dining Services. Groups staying multiple weeks must provide weekly meal counts. Please fill in info below per week. Day
Date
Meal Needed/Count
Sunday
_____
Brunch_____
Dinner_____
Monday
_____
Breakfast_____
Lunch_____
Dinner_____
Tuesday
_____
Breakfast_____
Lunch_____
Dinner_____
Wednesday
_____
Breakfast_____
Lunch_____
Dinner_____
Thursday
_____
Breakfast_____
Lunch_____
Dinner_____
Friday
_____
Breakfast_____
Lunch_____
Dinner_____
Saturday
_____
Brunch_____
Dinner_____
Please complete with signature and return via fax to David Carreras, 201.684.7936. Contact Name: ________________________________________________________________ Contact Signature: _________________________________________ Date: _______________
Ramapo Dining Services at the Trustees Pavilion 505 Ramapo Valley Road Mahwah, NJ 07430 Phone: 201-684-7805 Fax: 201-684-7936
Summer Academic Programs and Athletic Camps Ramapo College Dining Services
Box Lunch/Breakfast Request Form Meal Type Needed
Box Breakfast_____
Date Needed
_________
Time of Pick-Up
_________
Total # Meals
_________
Lunch Types:
# needed
Turkey/Cheese
_________
Ham/Cheese
_________
Veg/Cheese
_________
Box Lunch_____
Phone/Cell Number
General Fire Safety Checklist For All Events and Conferences
1. Tents and Canopies: For all tents and canopies greater than 30 linear feet or 900 square feet, comply with the following requirements. Exceptions: Tents owned by the College. o o
Signature of User
Date Signed By User
o o
2. Candles: For all events that may include the use of candles, comply with the following i o Refer to the Policy located at the following Web address: www.ramapo.edu/facultystaff/healthandsafety/F ire-Safety o Complete Candle Use Registration Form and submit it to the RCNJ Fire Marshal 3. Sterno: For all events that may include the use of sterno, comply with the following requirements: o
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Print Name of User
Complete an Application for Permit for submission to the Division of Fire Safety Complete Tent Use Application Form and submit it to the RCNJ Fire Marshal Check for $42, Payable To: Treasurer of State of New Jersey Refer to the Policy located at: www.ramapo.edu/facultystaff/healthandsafety/F ire-Safety
Refer to the Policy located at the following Web address: www.ramapo.edu/facultystaff/healthandsafety/F ire-Safety Complete the Sterno Fuel Use Registration Form and submit it to the RCNJ Fire Marshal 4. Inflatable Rides: For all events that may include the use of Inflatable Rides, ensure that the rides are certified by the State of NJ, Division of Codes & Standards, Carnival Amusement Rides Safety Program. The Vendor shall provide the USER with written documentation that their ride(s) are permitted by the State Division of Codes & Standards, Carnival Amusement Rides Safety Program.
Note: Complete a Checklist for each Event and Conference scheduled to be held in Assembly Areas on Campus. Check each numbered heading that may be applicable to your Event or Conference and follow the instructions associated with the items that you check. Remember to allow a minimum of 30 days advanced notice for any permits that may be required from the State of New Jersey. Make checks for permits payable to: Treasure State of New Jersey. *All permits that require a fee are issued by the NJ Division of Fire Safety and not the College*
5. Decorations: For Decorative Materials that may be used, comply with the following requirements.
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Obtain Certificate of Flame Certificates for decorations and submit them to the RCNJ Fire Marshal Do not block fire safety equipment with decorations or secure decorations to fire sprinklers and fire safety devices.
9. Skirts for tables, platforms and stages: For these materials that may be used, comply with the following requirements. o
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10. Open Burning: Open Burning is Prohibited. Use of personal barbecues is prohibited. Exception: Use of stationary barbecues on Campus is permitted. Refer to the Barbecue Policy located at: www.ramapo.edu/facultystaff/healthandsafety/Fire-
6. Pipe and Drapes (P&D): When Pipe and Drapes may be used, comply with the following requirements: o
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Obtain Certificate of Flame Certificates for decorations and submit them to the RCNJ Fire Marshal Do not block fire safety equipment with P&D or block EXITS with any P&D.
Safety
11. Overnight Stay: a permit from the State of NJ, Division of Fire Safety may be required for an Overnight Stay in an Assembly Area even if there are no designated sleeping areas at those locations. o
7. Platforms > 30" high: The use of any Platform > 30" high requires a permit from DCA, UCC Construction Division. Note: The College's Platforms are < 30". o o
Contact the RCNJ Fire Marshal for permit requirements. Do not block fire safety equipment or block EXITS with any Platforms.
8. Fireworks: The storage or discharging of any Fireworks requires a permit from DCA, Fire Safety Division. o
Contact the RCNJ Fire Marshal for specific permit requirements. Permit Fee is $331.00
RCNJ Fire Marshal: Dennis Harrington 201-684-6252 or dharring@ramapo.edu
Obtain Certificate of Flame Certificates for decorations and submit them to the RCNJ Fire Marshal. Do not block fire safety equipment with these materials or secure these materials to fire sprinklers and fire safety devices.
Contact the RCNJ Fire Marshal for specific permit requirements. Permit Fee is $42.00 12. Others: Permits are also required for any of the following. Users shall consult with the RCNJ Fire Marshal for details. Circle the applicable item(s). a. The occasional use of a multi-purpose room with an occupancy of 100 or > for the sale of merchandise (Mercantile Use). b. Cooking with grease or oils that produce grease laden vapors, other than cooking in the cafeterias. c. The use of LP gas/propane on Campus. d. Carnivals and circuses that use mobile structures for the events.
Note: Employees or attendants of Assembly Occupancies, generally with an attendance of 100 or more, shall be trained and drilled in the duties to be performed in case of fire, panic or other emergency. See the RCNJ Fire Marshal for details.
PHOTO/VIDEO RELEASE: All users of the facility are required to sign a Photo/Video release indicating consent or opposition to pictures taken and recordings made during the course of the activities. Agreement indicates permission for the images, captured during regular and special activities through video, photo and digital camera, to be used solely for the purposes of Ramapo College of New Jersey promotional material and publications. Agreement also indicates a waiver of any rights to notice or approval of any use of the photographs which Ramapo College of New Jersey may make of, or authorize, and the signer releases and makes harmless Ramapo College of New Jersey and its agents and licensees from any claims or liability in connection with the use of the aforesaid photographs, and recordings.
Office of Residence Life Summer Conference Guarantee Form DUE MAY 1, 1009 Camp/Conference Information Conference Name: Conference Contact: Phone Number: E-Mail: Staff & Camper Information Guarantee Number
Campers:__________
Staff:__________
Infirmary: 1
Housing Assignment:
Maple Hall Oak Hall
The Overlook Laurel Hall
Linden Hall Pine Hall
Check-In Date:
Check-in Time:
Check-In Location: Early Arrival Info.
Staffs only are permitted as early arrivals and the date must be Monday – Thursday from 8:30 am – 4:45 pm. We will do our best to accommodate early arrival requests, however please understand that Residence Halls and rooms may not be ready for the time you are requesting. Early arrival requests must be submitted in writing at least 15 days prior to your camps arrival.
Check-Out Date:
Check-out Time:
NOON
Late Departure Info: Staff only – Must be by NOON on the last day of camps, August 3, 2009.
Keys/Access Cards All keys and access cards MUST be returned within 24 hours of camps departure. Failure to return keys/access cards within the allotted time will result in a charge to the Camp. Please return the completed form no later than May 1, 2009 to: Lisa Saita – Office of Residence Life 505 Ramapo Valley Road Mahwah, NJ 07430 FAILURE TO RETURN THIS FORM BY THE ABOVE DEADLINE MAY RESULT IN THE LOSS OF SUMMER 2009 HOUSING.
a. Required Submissions: 1. The "Summer Conferences Guarantee Form.â&#x20AC;? must be submitted to Events and Conferences on or before May 1, 2009, indicating the total number of campers and staff anticipated. Requests to increase the number of rooms after that point must be made and approved through Events and Conferences in coordination with Residence Life. 2. Residence Life will provide a master list of rooms available to the camp. The camp must provide the specific rooms needed to the Summer Conferences Office two weeks in advance so that they will be cleaned and prepared for use. Once a room is prepared, it will be charged to the camp regardless of whether it is used. 3. A list of specific campers/staff with room assignments needs to be provided at the time of check-in. This list is needed for security purposes. b. General Guidelines: 1. Ramapo College reserves the right to substitute residence halls, particularly in instances when numbers have changed significantly from the initial reservation. It is the responsibility of the Renter to view the residence hall in advance. Hall assignment is based on availability. 2. It is the campâ&#x20AC;&#x2122;s responsibility to immediately report any missing/damaged/non-functioning access cards to the Summer Conference Office. 3. All access cards must be returned within 24 hours of the campâ&#x20AC;&#x2122;s departure. Access cards not returned within this time period will be charged to the camp at a rate of $15/card. 4. Quiet hours must be observed: Sunday - Thursday: 11:00 p.m. - 8:00 a.m. Friday - Saturday: 1:00 a.m. - 10:00 a.m. 5. A senior member of the camp must participate in a mandatory pre- and post-occupancy inspection of contracted facilities, accompanied by Residence Life staff. It is the responsibility of the Program Director to contact the Summer Conference office at least 2 weeks prior to camp arrival to set up a date and time for inspections. 6. The medical infirmary, as required by the state, will use one of the rooms allocated to the camp by Residence Life. The room must be a dedicated infirmary and not a sleeping room. 7. If room phones are requested (which must be done through Events and Conferences at least two weeks prior to the camp arrival), personal calling cards must be used for all outgoing calls. 8. The Renter agrees to have all trash removed from rooms used on the last day of camp. This includes but is not limited to ensuring all micro-fridges are empty of any contents. Any trash left behind will result in a $10.00 per item charge. Trash should be deposited in the trash room on the 1st floor. Trash should not be left in any common or public areas including, but not limited to, hallways, lobbies, or stairwells. 9. Extra mattresses may not be brought into the Residence Halls. 10. Lounge furniture and /or bedroom is not removed from the lounges/bedrooms without obtaining written permission from the Office of Residence Life. Requests must be submitted in writing at least 30 days in advance. 11. Furniture or mattresses will not be removed from any residence hall room. 12. No furniture, gaming equipment or any item deemed to be blocking egress be placed in any lobby area and/or hallways. 13. College vending machines may not be disconnected. 14. Campers may not play in stairwells or any other public area not specifically authorized in this agreement. 15. Campers may not enter any rooms or floors not assigned to the Renter 16. Campers may not block doorways or elevators with athletics equipment or bags. 17. Cleats may not be worn in the Residence Halls. 18. Residence hall rooms may not be sublet or occupied by more than the number assigned to the room. 19. Campers found trespassing on any floor other than the camp assigned floor may be asked to leave the building (at the discretion of Residence Life). Damage done to other floors by campers will be charged back to the appropriate camp. 20. Campers may not kick, knock-on, or force open any Residence Hall front doors. Access cards must be used to gain entrance to the building. Camp will be charged directly for any repair fees should doors be damaged. 21. Campers/staff members/counselors are prohibited from using personal barbecue anywhere on campus. 22. College employees may enter rooms to complete repairs. 23. The College cannot provide computers or hard-wired Internet access.
Department of Athletics 505 Ramapo Valley Road, Mahwah, NJ 07430-1680 Phone (201) 684-7809 Fax (201) 684-7958 www.ramapo.edu
Ramapo College of New Jersey Department of Athletics Statement of Risks, Assumption of Risks and Responsibilities, and Release of Liability Indoor Rock Climbing and/or Use of Fitness or Exercise Equipment Please Read Carefully and Initial Where Indicated
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. If any aspect of this agreement requires clarification, have a Ramapo College of New Jersey's Department of Athletics (Athletics) employee fully explain, before signing. In signing this agreement, I am waiving the right to bring to court any action to recover compensation or obtain any other remedy for personal injuries, damage to property for any accident of any kind, arising out of use of the indoor climbing wall and/or participation in any rock-climbing program, and/or use of any weight and fitness regiments or equipment (referred to herein as "activities"). In consideration of my being permitted by Ramapo College of New Jersey's Department of Athletics (Athletics) to climb on the indoor climbing wall and/or participant in rock-climbing program, and/or use any weight and fitness regiments or equipment (referred to herein as "activities"), I agree to the following waiver and release and I make the following representations.
I HEARBY ACKNOWLEDGE THE INHERENT EXTREME RISKS IN THE ACTIVITIES: I realize that these risks include, but are not limited to: slips, trips, falls or painful crashes while using the facilities or equipment, falls from or contact with walls and equipment, inattention of or mistakes made by belayers or actions or other climbers, misuse or failure of equipment, loose or damaged holds, my physical strength, coordination, sense of balance, and ability to follow directions while climbing, belaying, or working out, fatigue, chills and/or dizziness, which may diminish reaction-time and increase the risk of accident, abrasion from or entanglement with ropes or equipment, cuts and abrasions resulting from contact with facility or equipment, the negligence of other participants, visitors or persons who may be present and accidents which cannot be foreseen. I acknowledge that the above list is not inclusive of all possible risks associated with the use of the facility, and/or equipment and I agree that the above list in no way limits the extent or reach of this release. _______ (initial)
I VOLUNTARILY AGREE TO ASSUME ALL THE RISKS OF PERSONAL INJURY: These include paralysis and death, which may occur while I am in the facility, using the equipment, climbing on the rock wall at any time, whether or not under supervision of Athletics personnel. I acknowledge that my safety is my personal responsibility, and that my safety depends upon my alertness and my use of good judgment. I understand that I can reduce risks by paying careful attention to the environment, to my physical and emotional state, the condition of all safety related clothing and equipment, and by participating only in those activities that are well within my mental and physical capabilities. I acknowledge that I am in good health and have no physical limitations which would affect my safe use of the facilities. _______ (initial) I agree to pay attention to the physical condition of any ropes, anchors and other equipment that I may use, and to advise staff members if I do any damage to any item of equipment, or if I notice any damage. I acknowledge that I have read any and all posted rules and agree to abide by these rules and any future rules. If a staff member makes a specific request of or instruction to me, I agree to
comply. Failure to follow or abide by anything contained in this agreement may result in immediate and permanent cessation of my access to, or use of the facility. _______ (initials)
AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury or illness while in the facility or participating or viewing and activity. I either have appropriate medical and accident insurance, or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my behalf. I agree that any film or photographs of me as a participant or observer become your property and may be used for promotion or commercial purposes. _______ (initial)
RELEASE: I agree to release, indemnify and hold harmless all persons at Ramapo College of New Jersey, its principles, officers, agents, employees and volunteers from any cause of action, claims or demands whatsoever. This agreement is binding even if the released persons have contributed to injuries through individual or collective negligence. This agreement is binding on myself, the below named youth, heirs, next of kin, assigns and personal representatives. _______ (initial) I agree to be bound by the policies of Ramapo College of New Jersey for: Smoking; Workplace Violence; Drug-Free Workplace; and Discrimination, Harassment, or Hostile Environments in the Workplace available at www.ramapo.edu/resources/humanresources/policies/index.html. _______ (initial) This agreement shall be construed under the laws of the State of New Jersey (NJSA 59:1-1 et seq.), and brought in the courts in the State of New Jersey.
BY MY SIGNATURE BELOW I WARRANT THAT: I have read and understood the foregoing acknowledgement of risk, assumption of risk and responsibility, and release of liability. I understand that by signing this form I may be waiving valuable legal rights. NAME OF PARTICIPANT (Print neatly): ___________________________________________________ DATE OF BIRTH: ______________________________________________________________________ SIGNED: ______________________________________________________________________ DATE: ______________________________________________________________________ IN AN EMERGENCY NOTIFY: ___________________________________________________________ PHONE #: ______________________________________________________________________
NOTE IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE, A PARENT OR GUARDIAN MUST INITIAL THE ABOVE CLAUSES AND SIGN BELOW. NAME OF PARENT OR GUARDIAN (Print neatly): __________________________________________ SIGNED: ______________________________________________________________________ DATE: ______________________________________________________________________
Ramapo College Sterno Fuel Use Registration Form
Department of Environmental Health & Safety Office of the Fire Marshal Room D107 Ext. 6252
This form shall be completed for all events on campus involving the use of any Sterno or like devices that are not booked through the approved vendors listed in Section E of the Sterno Fuel Use Policy. Users should not purchase or pre-contract for foods that require Sterno use until they are informed that their Sterno Fuel Use Registration Form has been reviewed. Return completed forms to the College Fire Marshal at the above location. The Fire Marshal will communicate the status of this request to the phone number indicated in the space below. Refer to the Sterno Fuel Use Policy for further details.
Please print clearly and legibly to avoid delays in processing To be completed by the user.
First Name Last Name Organization/Event Location of Event
Date of Event
Telephone No.
Start Time of Event
End Time of Event
1. Describe the type of event and use of sterno at the event:
2. Indicate approximately how many sternos will be used. Please indicate the location of the nearest fire extinguisher where your event will be held.
I have read and understand the Sterno Fuel Use Policy and the Sterno Fuel Handling Safety Tips included in the policy and will comply with the policy. Special care will be taken to ensure that the use of Sternos will be supervised and that College community and property will be protected from harm and damage.
Signature of User
Signature of Advisor
Date Signed
Date Signed
(If Applicable)
Fire Marshal's Review Signature Page 4 of 4 OFM122104001 Rev. 072105001
Date Reviewed Rev. 082205
Rev. 101205