[HISTORY: Adopted by the City Council of the City of Atlantic
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-27-1991 by Ord. No. 94-1991[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 22,
Ethics, Code of, adopted 5-24-1979 by Ord. No. 2-1979, as amended.
B.
It is the purpose of this article 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.
C.
It is the further purpose of this article 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 article is enacted.
As used in this article, 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.
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.
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:
Elected to any office of the City or one of its agencies;
Serving on a local government agency which has the authority
to enact ordinances, approve development applications or grant zoning
variances;
A member of an independent municipal authority or regional authority
if appointed by other officers of the City of Atlantic City; or
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.
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 article or whose position shall hereafter be determined to be
within the scope of this article.
Officers and employees within the jurisdiction of the Atlantic
City Ethics Board shall comply with the following provisions:
A.
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.
B.
To the extent that any authority of the City is subject to this article,
it shall not, for a period of one year next subsequent to the termination
of office of a member of that authority:
(1)
Award any contract which is not publicly bid to a former member of
that authority;
(2)
Allow a former member of that authority to represent, appear for
or negotiate on behalf of any other party before that authority; or
(3)
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
A.
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:
(1)
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.
(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
or her 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 or her
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 or her immediate family had
an interest during the preceding calendar year.
(5)
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.
B.
The financial statement shall be made on the form prescribed by the
Local Finance Board in accordance with the Local Government Ethics
Law.[1] The City Clerk shall make the forms available to the officers
and employees required to file such statement.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq. (P.L. 1991,
c. 29).
C.
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.
D.
All financial disclosure statements filed shall be public records.[2]
[2]
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.
[Adopted 7-21-2021 by Ord. No. 33-2021]
Every member of the Atlantic City Municipal Council shall be
required to attend training as a member of a municipal governing body
in the State of New Jersey, consisting of at least the following:
A.
Within 90
days of assuming office, or within six months of the effective date
of this article, newly elected official training offered by the New
Jersey League of Municipalities; powers and duties of local elected
officials training offered by the Center for Government Services of
Rutgers, the State University of New Jersey, or a comparable training
offered by ethics professionals.
B.
An update
or seminar for municipal officials offered by the New Jersey League
of Municipalities, a comparable institution or comparable private
or public program once every two years.
C.
Each member
of the City Council shall annually file with the City Clerk written
proof of attendance at the required training.
