[HISTORY: Adopted by the Mayor and Council of the Borough of Penns Grove 6-3-2009 by Ord. No. 2009-6 (Ch. 14 of the 1986 Code). Amendments noted where applicable.]
No Borough official or employee or member of his/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/her duties in the public interest;
No Borough official or employee shall use or attempt to use his/her official position to secure unwarranted privileges or advantages for himself/herself or others;
No Borough official or employee shall act in his/her official capacity in any matter where he/she, a member of his/her immediate family, or a business organization in which he/she has an interest has a direct or indirect financial or personal involvement that might reasonably be expected to impair his/her objectivity or independence of judgment;
No Borough official or employee shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his/her independence of judgment in the exercise of his/her official duties;
No Borough official or employee, member of his/her immediate family, or business organization in which he/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/her, directly or indirectly, in the discharge of his/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 Borough official has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the Borough official in the discharge of his/her official duties;
No Borough official 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 he receives or acquires in the course of and by reason of his office or employment, for the purpose of securing financial gain for himself, any member of his immediate family, or any business organization with which he is associated;
No Borough official or employee or business organization in which he/she has an interest shall represent any person or party other than the Borough in connection with any cause, proceeding, application or other matter pending before any agency in the Borough in which he/she serves. This provision shall not be deemed to prohibit one Borough employee from representing another Borough employee where the Borough agency is the employer and the representation is within the context of official labor union or similar representational responsibilities;
No Borough official shall be deemed in conflict with these provisions if, by reason of 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 him/her 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;
No elected Borough official 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 official or a member of his/her immediate family, whether directly or indirectly, in return therefor; and
Nothing shall prohibit any Borough official or employee, or members of his/her immediate family, from representing himself/herself, or themselves, in negotiations or proceedings concerning his/her, or their, own interests.
All Borough officials shall annually file a financial disclosure statement. The statements shall be filed with the Borough Clerk and shall constitute an open public record. The statements shall contain the following information:
Each source of income, earned or unearned, exceeding $2,000 received by the Borough official or a member of his/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 Borough official or member of his/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 Borough official or a member of his/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 Borough official or a member of his/her immediate family during the preceding calendar year;
The name and address of all business organizations in which the Borough official or a member of his/her immediate family had an interest during the preceding calendar year; and
The address and brief description of all real property in the state in which the Borough official or a member of his/her immediate family held an interest during the preceding calendar year.
As used in this chapter, the following terms shall have the meanings indicated:
- BUSINESS ORGANIZATION
- Any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union or other legal entity.
- GOVERNING BODY
- The Penns Grove Mayor and Council.
- 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.
This chapter is intended to be consistent with the Code of Ethics for Local Government Ethics Law under jurisdiction of the Local Finance Board as set forth in N.J.S.A. 40A:9-22.1 et seq.
Any person alleging that a Borough official or employee has engaged in conduct which is in violation of this chapter may file a written and signed complaint with the Local Finance Board in the Division of Local Government Services of the New Jersey Department of Community Affairs.