[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 11-16-2016 by Ord.
No. 2016-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
7 but was renumbered to maintain the organization of the Code.
This chapter shall be known and may be cited as the "Township
of Allamuchy Code of Ethics."
The Township Council finds and declares that:
A.
Public office and employment are a public trust;
B.
The vitality and stability of representative democracy depend upon
the public's confidence in the integrity of its elected and appointed
representatives;
C.
Whenever the public perceives a conflict between the private interests
and the public duties of a government officer or employee, that confidence
is imperiled; and
D.
Governments have the duty both to provide their citizens with standards
by which they may determine whether public duties are being faithfully
performed, and to apprise their officers and employees of the behavior
which is expected of them while conducting their public duties.
A.
It is the purpose of this chapter to provide a method of assuring
that standards of ethical conduct and financial disclosure requirements
for local government officers and employees shall be clear, consistent,
uniform in their application, and enforceable, and to provide local
officers or employees with advice and information concerning possible
conflicts of interest which might arise in the conduct of their public
duties.
B.
It is the further purpose of this chapter to implement the provisions
of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq.
In conformance with N.J.S.A. 40A:9-22.3, the following terms
used in this chapter shall have the meanings indicated:
The Local Finance Board in the Division of Local Government
Services in the Department of Community Affairs.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
The Township Council of the Township of Allamuchy.
The ownership or control of more than 10% of the profits,
assets or stock of a business organization but shall not include the
control of assets in a nonprofit entity or labor union.
Any agency, board, governing body, including the chief executive
officer, bureau, division, office, commission or other instrumentality
within a county or municipality, and any independent local authority,
including any entity created by more than one county or municipality,
which performs functions other than of a purely advisory nature, but
shall not include a school board.
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving on a local government agency
who is not a local government officer, but shall not mean any employee
of a school district.
Any person whether compensated or not, whether part-time
or full-time: 1) elected to any office of a local government agency;
2) serving on a local government agency which has the authority to
enact ordinances, approve development applications or grant zoning
variances; 3) who is a member of an independent municipal, county
or regional authority; or 4) who is a managerial executive employee
of a local government agency, as defined in rules and regulations
adopted by the Director of the Division of Local Government Services
in the Department of Community Affairs pursuant to the Administrative
Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.), but
shall not mean any employee of a school district or member of a school
board.
A local government officer or a local government employee.
The spouse or dependent child of a local government officer
or employee residing in the same household.
[Amended 5-23-2018 by Ord. No. 2018-10]
All local government officers and employees of the Township
of Allamuchy shall comply with the following standards of conduct:
A.
No local government officer or employee or member of her/his immediate
family shall have an interest in or hold an office in a business organization
or engage in any business, transaction, or professional activity,
which is in substantial conflict with the proper discharge of her/his
duties in the public interest;
B.
Restrictions regarding termination.
(1)
No independent local authority shall, for a period of one year next
subsequent to the termination of office of a member of that authority:
(a)
Award any contract which is not publicly bid to a former member
of that authority;
(b)
Allow a former member of that authority to represent, appear
for or negotiate on behalf of any other party before that authority;
or
(c)
Employ for compensation, except pursuant to open competitive
examination in accordance with Title 11A of the New Jersey Statutes
and the rules and regulations promulgated pursuant thereto, any former
member of that authority.
(2)
The restrictions contained in this subsection shall also apply to
any business organization in which the former authority member holds
an interest.
C.
No local government officer or employee shall use or attempt to use
his official position to secure unwarranted privileges or advantages
for herself/himself or others;
D.
No local government officer or employee shall act in her/his official
capacity in any matter where he, a member of his immediate family,
or a business organization in which she/he has an interest, has a
direct or indirect financial or personal involvement that might reasonably
be expected to impair his objectivity or independence of judgment;
E.
No local government officer or employee shall undertake any employment
service, or hold any office, whether compensated or not, which might
reasonably be expected to prejudice her/his independence of judgment
in the exercise of her/his official duties;
F.
No local government officer or employee, member of her/his immediate
family, or business organization in which she/he has an interest,
shall solicit or accept any gift, favor, loan, political contribution,
service, promise of future employment, or other thing of value based
upon an understanding that the gift, favor, loan, contribution, service,
promise, or other thing of value was given or offered for the purpose
of influencing her/him, directly or indirectly, in the discharge of
her/his official duties. This provision shall not apply to the solicitation
or acceptance of contributions to the campaign of an announced candidate
for elective public office, if the local government officer has no
knowledge or reason to believe that the campaign contribution, if
accepted, was given with the intent to influence the local government
officer in the discharge of her/his official duties;
G.
No local government officer or employee shall use, or allow to be
used, his public office or employment, or any information, not generally
available to the members of the public, which she/he receives or acquires
in the course of and by reason of her/his office or employment, for
the purpose of securing financial gain for herself/himself, any member
of his immediate family, or any business organization with which she/he
is associated;
H.
No local government officer or employee or business organization
in which she/he has an interest shall represent any person or party
other than the local government in connection with any cause, proceeding,
application or other matter pending before any agency in the local
government in which she/he serves. This provision shall not be deemed
to prohibit one local government employee from representing another
local government employee where the local government agency is the
employer and the representation is within the context of official
labor union or similar representational responsibilities;
I.
No local government officer shall be deemed in conflict with these
provisions if, by reason of her/his participation in the enactment
of any ordinance, resolution or other matter required to be voted
upon or which is subject to executive approval or veto, no material
or monetary gain accrues to her/him as a member of any business, profession,
occupation or group, to any greater extent than any gain could reasonably
be expected to accrue to any other member of such business, profession,
occupation or group;
J.
No elected local government officer shall be prohibited from making
an inquiry for information on behalf of a constituent, if no fee,
reward or other thing of value is promised to, given to or accepted
by the officer or a member of her/his immediate family, whether directly
or indirectly, in return therefor; and
K.
Nothing shall prohibit any local government officer or employee,
or members of her/his immediate family, from representing himself,
or themselves, in negotiations or proceedings concerning his, or their,
own interests.
A.
In accordance with N.J.S.A. 40A:9-22.6, local government officers
shall annually file a financial disclosure statement in the form and
manner prescribed by the Local Finance Board. The financial disclosure
statement shall include the following information which shall specify,
where applicable, the name and address of each source and the local
government officer's job title:
(1)
Each source of income, earned or unearned, exceeding $2,000 received
by the local government officer or a member of his immediate family
during the preceding calendar year. Individual client fees, customer
receipts or commissions on transactions received through a business
organization need not be separately reported as sources of income.
If a publicly traded security is the source of income, the security
need not be reported unless the local government officer or member
of his immediate family has an interest in the business organization;
(2)
Each source of fees and honorariums having an aggregate amount exceeding
$250 from any single source for personal appearances, speeches or
writings received by the local government officer or a member of his
immediate family during the preceding calendar year;
(3)
Each source of gifts, reimbursements or prepaid expenses having an
aggregate value exceeding $400 from any single source, excluding relatives,
received by the local government officer or a member of his immediate
family during the preceding calendar year;
(4)
The name and address of all business organizations in which the local
government officer or a member of his immediate family had an interest
during the preceding calendar year; and
(5)
The address and brief description of all real property in the state
in which the local government officer or a member of his immediate
family held an interest during the preceding calendar year.
B.
Annual financial disclosure statements shall be filed on or before
April 30 each year, except that each local government officer shall
file a financial disclosure statement within 30 days of taking office.
