The mayor and the members of the council shall be the only elective
city offices. They shall be nominated and elected as required by the
charter at a general election, or if there is no general election
in a year when an election is required to fill a vacancy, at an election
to be held on the first Tuesday after the first Monday in November
of such year, in accordance with the provisions of Title 19 of the
Revised Statutes.
(a)
A person shall not simultaneously hold more than one elective public
office as provided in section 3 of P.L. 2007, c. 161 (C. 19:3-5.2).
(b)
A person who holds a city of Plainfield elected office either by
election of the general electorate or by appointment to fill a vacancy
shall not simultaneously hold any other paid or unpaid position with
the city of Plainfield or any of its agencies or instrumentalities,
except for positions on agencies, boards, commissions, and committees
specifically set aside for elected officials in the municipal code;
provided, however, that the mayor or a council member may accept an
acting position under circumstances described in the charter or administrative
code for which no salary or other compensation is paid.
(c)
A person who holds any position with the city of Plainfield as the
result of appointment by the mayor with the advice and consent of
the council or by the council for which a salary or other compensation
is paid shall not simultaneously hold any other position with the
city of Plainfield or any of its agencies or instrumentalities; provided,
however, that the mayor may, from time to time and in writing, authorize
any person holding such a position to accept another specified position,
for which no salary or other compensation is paid, under circumstances
described in the charter or administrative code.
(a)
Except as provided by paragraph (b) of this section, no officer or
employee under the city government shall have any interest, direct
or indirect, in any contract with the city, or with any agency or
instrumentality thereof, whenever any such officer or employee, individually
or as a member of a board, may:
(b)
The provisions of paragraph (a) of this section shall not apply to:
(i)
The designation of an official depository of city funds unless
the city administrator, director of administration and finance, or
city treasurer has an interest in such depository;
(ii)
The designation of an official newspaper;
(iii)
The purchase of real property or an interest therein, provided
that purchase and the consideration therefor is approved by order
of the Superior Court upon petition of the council.
(c)
"An interest in a contract" within the meaning of this section shall
not include the holding of stock in a corporation listed on any national
securities exchange, or an interest in a contract for public utilities
service when the rates or charges therefor are fixed or regulated
by a governmental agency.
(d)
Any city officer or employee who has, will have, or later acquires
an interest, direct or indirect, in any actual or proposed contract
with the city shall publicly disclose the nature and extent of such
interest in writing to the council as soon as he has knowledge of
such actual or prospective interest. Such written disclosure shall
be made part of and set forth in the official record of the proceedings
of the council. Once disclosure has been made by an officer or employee
with respect to an interest in a contract with a particular person,
firm, corporation or association, no further disclosures need be made
by such officer or employee with respect to additional contracts with
the same party during the remainder of the fiscal year.
(e)
Any contract with the city obtained or procured in violation of this
article shall be void.
(f)
Any city officer or employee who willfully and knowingly violates
the foregoing provisions of this section shall forfeit his office
or employment.
The council shall provide by ordinance for the adoption of a
code of ethics setting forth for the guidance of the employees and
officers of the city, the standards of ethical conduct in the performance
of their duties which will be required of them. Any such code may
provide standards for officers and employees with respect to:
(a)
Representation of private interests before city agencies and courts;
(b)
Disclosure of interest in legislation before the council;
(c)
Acceptance of gifts and favors;
(d)
Disclosure of confidential information;
(e)
Holding of investments in conflict with official duties;
(f)
Incompatible employment;
(g)
Future employment; and
(h)
Such other standards relating to the conduct of officers and employees
as may be deemed advisable; provided, however, that no provision which
in any way conflicts with the provisions of this article shall be
authorized.
Any councilman or other officer or employee of the city who
shall willfully violate or evade any provision of law relating to
his office or employment, or commit any fraud upon the city, or convert
any of the public property to his own use, or knowingly permit any
other so to convert it or by gross or culpable neglect of duty allow
the same to be lost to the city, upon conviction thereof and in addition
to other penalties imposed by law, shall forfeit his office or employment,
and be excluded forever after from receiving or holding any office
or employment under the city government.
If the mayor, any councilman or other officer or employee of
the city shall, after lawful notice or process, expressly referring
to this section, willfully refuse or fail to appear before any local
legislative committee, or any city officer, board or body authorized
to conduct any hearing or inquiry, or having appeared shall refuse
to testify or to answer any question relevant to the hearing or inquiry
regarding the property, government or affairs of the city or regarding
the nomination, election, appointment or official conduct of any officer
or employee of the city, his term or tenure of office or employment
shall terminate and such office or employment shall be vacant, and
he shall not be eligible thereafter to election or appointment to
any office or employment under the city government or any agency thereof.
Any person convicted of a crime involving moral turpitude shall
be ineligible to hold any city office, position or employment, and
upon conviction thereof while in office or employment shall forfeit
his office or employment, except as may be otherwise provided by the
administrative code with respect to specified employments.
