[HISTORY: Adopted by the City Council of the City of Atlantic City 11-27-1991 by Ord. No. 94-1991. This ordinance also repealed former Ch. 22, Ethics, Code of, adopted 5-24-1979 by Ord. No. 2-1979, as amended. Amendments noted where applicable.]
Administration of government — See Ch. 4.
It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the City of Atlantic City shall be clear, consistent and uniform in their application and enforcement and to provide those officers or employees with advice and information concerning possible conflicts of interest which might arise in the conduct of their public duties.
It is the further purpose of this chapter to implement the provisions of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq., under the authority of which this chapter is enacted.
As used in this chapter, the following terms shall have the meanings indicated:
- Any agency, board, governing body, including the chief executive officer, office, commission or other instrumentality within the City of Atlantic City, and any independent local authority created by or appointed under the authority of the City of Atlantic City, which performs functions other than of a purely advisory nature.
- BUSINESS ORGANIZATION
- Any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union or other legal entity.
- Any person, whether compensated or not, whether part-time or full-time, employed by or serving on an agency who is not a local government officer.
- 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.
- MEMBER OF IMMEDIATE FAMILY
- The spouse or dependent child of an officer or employee residing in the same household.
- Any person, whether compensated or not, whether part-time or full-time, who is:
- A. Elected to any office of the City or one of its agencies;
- B. Serving on a local government agency which has the authority to enact ordinances, approve development applications or grant zoning variances;
- C. A member of an independent municipal authority or regional authority if appointed by other officers of the City of Atlantic City; or
- D. A managerial executive or confidential employee, as defined in Chapter 3 of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-3, of the City of Atlantic City or of an agency created under the authority of or appointed by the City of Atlantic City.
- OFFICER OR EMPLOYEE
- An officer or employee of the City of Atlantic City or of an agency created under the authority of or appointed by the City of Atlantic City whose position exists at the time of enactment of this chapter or whose position shall hereafter be determined to be within the scope of this chapter.
Officers and employees within the jurisdiction of the Atlantic City Ethics Board shall comply with the following provisions:
No officer or employee of the City of Atlantic City or member of his or her immediate family shall have an interest in a business organization or engage in any business, transaction or professional activity which is in substantial conflict with the proper discharge of his or her duties in the public interest.
To the extent that any authority of the City is subject to this chapter, it shall not, for a period of one year next subsequent to the termination of office of a member of that authority:
Award any contract which is not publicly bid to a former member of that authority;
Allow a former member of that authority to represent, appear for or negotiate on behalf of any other party before that authority; or
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.
No officer or employee shall use or attempt to use his or her official position to secure unwarranted privileges or advantages for himself or herself or others.
No officer or employee shall act in his or her official capacity in any matter where he or she, a member of his or her immediate family or any business organization in which he or she has an interest has a direct or indirect financial or personal involvement that might reasonably be expected to impair his or her objectivity or independence of judgment.
No officer or employee shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties.
No officer or employee, member of his or her immediate family or any business organization in which he or she 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 him or her, directly or indirectly, in the discharge of his or her 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 officer has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the officer in the discharge of his or her official duties.
No officer or employee shall use or allow to be used his or her public office or employment or any information not generally available to the members of the public which he or she receives or acquires in the course of and by reason of his or her office or employment for the purpose of securing financial gain for himself or herself, any member of his or her immediate family or any business organization with which he or she is associated.
No officer or employee or any business organization in which he or she has an interest shall represent any person or party other than the City in connection with any cause, proceeding, application or other matter pending before any agency of the City of Atlantic City. This provision shall not be deemed to prohibit an employee from representing another employee where the City is the employer and the representation is within the context of official labor union or similar representational responsibilities; nor shall this provision be applicable to the Municipal Public Defender with respect to representation of defendants in the Municipal Court.
No officer shall be deemed in conflict with these provisions if, by reason of his or her 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 him or her as a member of any business, profession, occupancy 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.
No elected 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 his or her immediate family, whether directly or indirectly, in return therefor.
Nothing shall prohibit any officer or employee of the City of Atlantic City or members of his or her immediate family from representing himself, herself or themselves in negotiations or proceedings concerning his, her or their own interests.
Officers of the City shall annually file a financial statement. All financial disclosure statements shall include the following information, which shall specify, where applicable, the name and address of each source and the officer's job title:
Each source of income, earned or unearned, exceeding $2,000 received by the officer or a member of his or her 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 or her immediate family has an interest in the business organization.
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 or her immediate family during the preceding calendar year.
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 or her immediate family during the preceding calendar year.
The name and address of all business organizations in which the local government officer or a member of his or her immediate family had an interest during the preceding calendar year.
The address and brief description of all real property in the state in which the officer or a member of his or her immediate family held an interest during the preceding calendar year.
The financial statement shall be made on the form prescribed by the Local Finance Board in accordance with the Local Government Ethics Law. The City Clerk shall make the forms available to the officers and employees required to file such statement.
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq. (P.L. 1991, c. 29).
The original statement shall be filed with the City Clerk within 90 days after the effective date of the New Jersey Local Government Ethics Law. All subsequent statements shall be filed on or before April 30 of each year. A copy of the statement shall be filed with the Ethics Board.
All financial disclosure statements filed shall be public records.
Editor's Note: Former § 22-5, Ethics Board, as amended, § 22-6, Facilities and staff, as amended, § 22-7, Adoption of Code of Ethics, § 22-8, Powers of Ethics Board, § 22-9, Advisory opinions, § 22-10, Complaints, § 22-11, Enforcement; violations and penalties, as amended, and § 22-12, Records of the Ethics Board, all of which immediately followed, were repealed 2-25-2009 by Ord. No. 10-2009.