[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 11-13-1974 by Ord. No. 660R; amended in its entirety 12-28-1999 by Ord. No.
99-25R. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Political fund-raising on borough property — See Ch. 217.
Personnel policies — See Ch. A395.
A.
The public judges its government by the way public officials and
employees conduct themselves in the positions to which they were elected,
appointed or employed. Each person is expected to discharge his/her
duties in recognition of that public trust, furthering public confidence
in and respect for the government he/she represents.
B.
To promote that confidence and to achieve respect for such officials
and employees, it is determined that the establishment of a set of
guidelines and procedures will be of benefit to the Borough in the
conduct of its government and to all of the citizens of the Borough.
C.
The Borough's Code of Ethics promulgated hereunder shall include
the provisions of N.J.S.A. 40A:9-22.5, the Local Government Ethics
Law, and the provisions contained in the Borough Code hereafter, which
provisions are intended to be more restrictive where applicable than
the Local Government Ethics Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
A.
FINANCIAL INTEREST
OFFICER or EMPLOYEE
PERSON
PERSONAL INTEREST
The terms used in this chapter are hereby defined as follows:
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit (other than the duly authorized
salary or compensation for services to the Borough) to the officer
or employee or to any person employing or retaining the services of
the officer or employee.
Any person elected to public office, appointed representatives
of the Borough and any person employed on a full-time, part-time or
contract basis by the Borough, whether paid or unpaid, including all
members of boards, authorities and commissions, as the same may be
established by statute, ordinance or resolution, except as may be
otherwise specifically provided for by the statutes of the State of
New Jersey. No person shall be deemed to be an officer or employee
of the Borough solely by reason of the fact that said person is a
volunteer fireman, civil defense volunteer or rescue squad volunteer.
It is recognized, however, that certain volunteers may be subject
to the provisions of this Chapter by virtue of their election, appointment
or employment to another Borough position or by virtue of the fact
that their positions authorize them to expend or obligate public funds
in their voluntary capacity.
Any person, firm, association, group, partnership or corporation,
or any combination thereof.
Any interest arising from the relationship of blood (to the
second degree of kinship) or marriage, or close business or personal
association, whether or not any financial interest is involved.
A.
No officer or employee, either on his/her own behalf or on behalf
of any other person, shall have any financial or personal interest
in any business or transaction with or for the Borough of Fanwood
unless he/she shall first make written full public disclosure thereof.
B.
Whenever the performance of his/her official duties shall require
any officer or employee to deliberate and vote on any matter involving
his/her financial or personal interest, he/she shall publicly disclose
the nature and extent of such interest and disqualify himself/herself
from participating in the deliberation as well as in the voting, unless
otherwise permitted by law to so act, as stated in an opinion of the
Borough Attorney.
C.
No officer or employee shall engage in private employment with, or
render services for, any person who has any business or transaction
with the Borough of Fanwood unless he/she shall first make written
full public disclosure of the nature and extent of such employment
or services.
D.
No officer or employee shall accept any gift, whether in the form
of money, thing, favor, service, loan or promise, which would not
be offered or given to him/her if he/she were not an officer or employee.
E.
No officer or employee shall, without prior authorization, publicly
disclose any confidential information concerning any other officer
or employee, or any other person, or any property or governmental
affairs of the Borough of Fanwood; and no officer or employee shall
use or permit the use of any such confidential information to advance
the financial or personal interest of himself or herself or any other
person.
A.
There is hereby created a Borough Ethics Board consisting of six
residents of the Borough, at least two of whom shall be public members.
The members of the Ethics Board shall be appointed by the Mayor with
the consent of the Council and shall be chosen by virtue of their
known and consistent reputation for integrity and their knowledge
of local government affairs. No more than three members of the Ethics
Board shall be of the same political party. The members of the Borough
Ethics Board shall annually elect a Chair from among its membership.
The members shall serve for a term of five years. Each member shall
serve until his/her successor has been appointed and qualified. Any
vacancy occurring in the membership of the Ethics Board shall be filled
in the same manner as the original appointment for the unexpired term.
Members of the Ethics Board shall serve without compensation but shall
be reimbursed by the Borough for necessary expenses incurred in the
performance of their duties.
B.
The Borough Ethics Board shall have all of the powers set forth in
N.J.S.A. 40A:9-22.22.
A local government officer or employee serving the Borough may
request and obtain from the Borough Ethics Board an advisory opinion
as to whether any proposed activity or conduct would, in its opinion,
constitute a violation of the Borough Code of Ethics or any financial
disclosure requirements. Advisory opinions of the Borough Ethics Board
shall not be made public, except when the Ethics Board by a vote of
2/3 of all of its members directs that the opinion be made public.
Public advisory opinions shall not disclose the name of the local
government officer or employee unless the Ethics Board in directing
that the opinion be made public so determines.
The Borough Ethics Board, upon receipt of a signed written complaint
by any person alleging that the conduct of any local government officer
or employee serving the Borough is in conflict with the Borough Code
of Ethics or financial disclosure requirements, shall acknowledge
receipt of the complaint within 30 days of receipt and initiate an
investigation concerning the facts and circumstances set forth in
the complaint. The Borough Ethics Board shall then pursue such complaint
in accordance with the provisions of N.J.S.A. 40A:9-22.24.
All statements, complaints, requests or other written materials
filed pursuant to this chapter, and any rulings, opinions, judgments,
transcripts or other official papers prepared pursuant to this chapter,
shall be preserved for a period of at least five years from the date
of filing or preparation, as the case may be.
