Township of Barnegat, NJ Chapter 10 Ethics, Code of

[HISTORY: Adopted by the Township Committee of the Township of Barnegat 7-7-80 as Ord. No. 1980-23. Amendments noted where applicable.]

Editor's Note: Former Ch. 10, Deputy Township Clerk, adopted 1-24-77 as Ord. No. 1977-1, was repealed 2-4-80 by Ord. No. 1980-2.

§ 10-1 Definitions.

As used in this ordinance, the following terms shall have the meanings indicated:

CONFIDENTIAL INFORMATION

A. Defined in accordance with the exceptions contained in P.L. 1975, c. 231, commonly referred to as the Sunshine Law, and means as follows:[1]

(1) Matters rendered confidential by federal law or that, if publicly disclosed, would impair the receipt of federal funds.

(2) Matters rendered confidential by state statute or court rule.

(3) Material that would constitute an unwarranted invasion of individual privacy if disclosed.

(4) The terms and conditions of an existing or proposed collective bargaining agreement, including negotiation positions.

(5) Matters related to the purchase, lease or acquisition of real property with public funds.

(6) Matters related to the setting of banking rates or the investing of public funds, provided that public disclosure could adversely affect the public interest.

(7) Tactics and techniques utilized in protecting the safety and property of the public, provided that public disclosure could impair such protection.

(8) Investigations of violations or possible violations to the law.

(9) Pending or anticipated litigation or contract negotiations in which the township or any board, commission, agency or other body of the township may become a party.

(10) Matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.

(11) Personnel matters concerning the employment of a current or prospective township official or employee.

(12) Quasi-judicial deliberations occurring after a public hearing that may result in the imposition of a civil penalty or the suspension or loss of a license or permit.

B. In the event the Sunshine Law is hereafter amended with respect to the definitions of "confidential information," said amendments shall be incorporated by reference as though fully set forth herein.

INTEREST

A pecuniary or material benefit accruing to a township official or employee, unless the context otherwise requires.

PRIVATE EMPLOYMENT

Employment other than by a governmental unit or body.

TOWNSHIP OFFICIAL OR EMPLOYEE

Any elected official, appointee or employee, whether paid or unpaid, including members of any board, commission, agency or other body of the Township of Barnegat.

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

§ 10-2 Standards of conduct.

A. No township official or employee shall directly or indirectly solicit any gift or accept or receive any gift, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him in the performance of his official duties or was intended as a reward for any official action on his part.

B. Confidential information. No township official or employee shall disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interests.

C. Representation before township agencies. No township official or employee shall receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any township board, commission, agency or other body of which he is an official member or employee or any township board, commission, agency or other body over which he has jurisdiction or over which he has budgetary control or to which he has the power to appoint any official member or employee. The term "budgetary control" shall not be construed to prohibit a public official or employee who is a member of the bar and licensed to practice law in the State of New Jersey from appearing before any court of competent jurisdiction recognized by this state.

D. Disclosure of interest in official actions of the Barnegat Township Committee. To the extent that he knows thereof, any township official or employee who participates in the discussion or gives official opinion of the Barnegat Township Committee on any motion, resolution or ordinance before the Committee shall publicly disclose on the official record the nature or extent of any former and present direct or indirect financial or other private interest he has in such official action.

E. Private employment. No township official or employee shall engage in, solicit, negotiate for or promise to accept private employment or render services or private interest when such employment or service creates a substantial conflict with or substantially impairs the proper discharge of his duties. No township official or employee shall use township office facilities or supplies other than in the proper discharge of his official duties.

F. Future employment. No township official or employee shall, after the termination of service or employment, appear before any board, commission, agency or other body or agency of the Township of Barnegat in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.

§ 10-3 through § 10-17. (Reserved) [1]

[1] Editor's Note: Former §§ 10-3 through 10-17 were repealed 7-5-2022 by Ord. No. 2022-15.

§ 10-18 Use of government buildings and equipment for political fundraising.

[Added 2-22-05 by Ord. No. 2005-02]

A. Definitions.

CANDIDATE

(1) any individual seeking election to a public office of the federal, state, county, or municipal government, or school district or political party, and (2) any individual who shall have been elected or failed of election to any such office.

MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE

Any person holding elective municipal office or holding an appointed position in the municipal government, or in any agency, commission, board, or officer thereof, whether the position is full time or part time, compensated or uncompensated; and any employee of municipal government or of any municipal agency, commission, board, or office thereof, whether the position is full time or part time.

MUNICIPALITY

The government of the Township of Barnegat, including any officer, department, board, commission, or agency, thereof.

POLITICAL CONTRIBUTION

Any loans and transfers of money or other things of value to any candidate, elected official, or representative of any political organization, or other commitments or assumptions of liability to make any such transfer. Political contributions shall be deemed to have been made upon the date when such commitment is made or liability assumed.

POLITICAL ORGANIZATION

Any two (2) or more persons acting jointly, or any corporation, partnership or other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for federal, state, county, municipal or school board office or political party office. "Political organization" includes, but is not limited to, organizations defined in N.J.S.A. 19:44A-3 as a "political committee," "joint candidates committee," continuing political committee," "political party committee," "candidate committee," or "legislative leadership committee."

PUBLIC PROPERTY

All real or personal property owned, leased, or controlled by the Township of Barnegat.

SOLICIT

To ask for, by oral or written communication, a contribution as defined herein.

B. General regulations.

(1) Prohibitions against soliciting or accepting political contribution in rooms or buildings occupied in the discharge of public duties. No municipal official, employee or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization while in any township room or building occupied in the discharge of official municipal business. This subsection shall include solicitation or acceptance of political contributions made over a private cell phone or by use of a private computer, if the person soliciting or accepting the political contribution or using the cell phone or computer for purposes of soliciting or accepting the political contribution, is in any township room or building occupied in the discharge of official municipal business.

(2) Prohibition against use of public property for political fundraising. No municipal official, employee, or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization, while utilizing public property.

(3) Exception. In the event township public facilities are made available to any group for nongovernmental use, this prohibition shall not be deemed to prevent fund-raising of any sort among members of such groups during the time such groups have reserved exclusive use of the township facility.

(4) Violation. Violation of any provision of this section shall be punished by a fine not exceeding one thousand two hundred fifty dollars ($1,250.).

§ 10-19 Disclosure in land use applications.

[Added 2-22-05 by Ord. No. 2005-041

A. Definitions.

APPLICATION CHECKLIST

The list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3.

CONTRIBUTION

Every loan, gift, subscription, advance or transfer or money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of the ordinance, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.

CONTRIBUTION DISCLOSURE STATEMENT

A list specifying, the amount, date, and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, this municipality, made up to one (1) year prior to filing the variance application and/or during the pendency of the application process, and required to be report pursuant to N.J.S.A. 19:44A-1 et seq.

DEVELOPER

A developer as defined by N.J.S.A. 40:55D-4; i.e., the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

PROFESSIONAL

Any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.

B. General provisions.

(1) Disclosure requirements.

(a) Any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d), or a variance pursuant to N.J.S.A. 40:55D70c in conjunction with any application for a subdivision not considered a minor subdivision pursuant to local ordinance, or a site plan not considered a minor site plan pursuant to local ordinance, as well as any application for a subdivision not considered a minor subdivision pursuant to local ordinance, or site plan not considered a minor site plan pursuant to local ordinance requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51, shall, for applications made after the effective date of this section, include in the application, contribution disclosure statements for all developers, all associates of said developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2, and all professionals who apply for or provide testimony, plans, or reports in support of said variance and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner of the property which is subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a contribution disclosure statement for said owner.

(b) During the pendency of the application process for applications made after the effective date of this section, until final site plan approval is granted, any applicant required to comply with this section shall amend its contribution disclosure statements to include continuing disclosure of all contributions within the scope of disclosure requirement of the above paragraph.

(2) Inclusion of contribution disclosure statements as an element of the application checklist.

(a) An Application Checklist is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution disclosure statements specified in Subsection B(1) of this section shall be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.

(b) The Municipal Planning Board and Board of Adjustment shall amend its Application Checklist for variances pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the contribution disclosure statements specified in Subsection B(1) of this section.

(c) An application shall not be deemed complete by the administrative official or accepted for public hearing by the Municipal Agency until the required contribution disclosure statements are submitted.

(3) Availability of the disclosure statement. All contribution disclosure statements shall be available in the office of the administrative officer for review by any member of the public.

(4) Intent of the disclosure statement. It is the intent of this section that the disclosure statement shall serve to inform the public and not serve as evidence relevant to the decision criteria for variance applications pursuant to N.J.S.A. 40:55D70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.

§ 10-20 Award of public contracts and political contributions.

[Added 2-22-05 by Ord. No. 2005-05; amended 12-5-2017 by Ord. No. 2017-31]

§ 10-20.1 Purpose.

[Added 12-5-2017 by Ord. No. 2017-31]

The purpose of this chapter is to comply with the provisions of N.J.S.A. 19:44A-20.3 et seq.

§ 10-20.2 Definitions.

[Added 12-5-2017 by Ord. No. 2017-31]

As used in this chapter, unless otherwise noted, the terms set forth in this chapter shall have the meanings delineated within N.J.S.A. 19:44A-20.7.

§ 10-20.3 Prohibition on awarding public contracts to certain contributors.

[Added 12-5-2017 by Ord. No. 2017-31]

A. The Township of Barnegat, or any agency or instrumentality thereof, shall not enter into a contract having an anticipated value in excess of seventeen thousand five hundred dollars ($17,500.), as determined in advance and certified in writing by the Township of Barnegat, with a business entity, except a contract that is awarded pursuant to a fair and open process, if, during the preceding one-year period, that business entity has made a contribution that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee of a political party in the municipality if a member of the political party is serving in an elective public office of the Township of Barnegat when the contract is awarded, or to any candidate committee of any person serving in an elective office of the municipality when a contract is awarded.

B. A business entity that has entered into a contract having an anticipated value in excess of seventeen thousand five hundred dollars ($17,500.) with the Township of Barnegat or any agency or instrumentality thereof, except a contract that is awarded pursuant to a fair and open process, shall not make a contribution, reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee or political party in the municipality if a member of a political party is serving in an elective office of that municipality when the contract is awarded, or to any candidate committee of any person serving in an elective public office of that municipality when the contract is awarded during the term of the contract.

C. No such committee shall accept such a contribution from a business entity during the term of its contract with the municipality.

§ 10-20.4 Certain contributions deemed as contributions by business entity.

[Added 12-5-2017 by Ord. No. 2017-31]

When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by a person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under Section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity.

§ 10-20.5 Return of excess contributions.

[Added 12-5-2017 by Ord. No. 2017-31]

If a business entity makes a contribution that would cause it to be ineligible to receive a public contract, or in the case of a contribution made during the term of a public contract, that would constitute a violation of the Pay to Play Acts, the business entity may request in writing within sixty (60) days of the date on which the contribution was made that the recipient thereof repay the contribution and, if repayment is received within those sixty (60) days, the business entity would again be eligible to receive a contract, or would no longer be in violation, as appropriate.

§ 10-20.6 Public exigency.

[Added 12-5-2017 by Ord. No. 2017-31]

Nothing contained in this chapter shall be construed as prohibiting the awarding of a contract when the public exigency requires the immediate delivery of goods or performance of emergency services.

§ 10-20.7 Duty to report contributions.

[Added 12-5-2017 by Ord. No. 2017-31]

Prior to awarding any contract, except a contract that is awarded pursuant to a fair and open process, the Township of Barnegat shall require the business entity to which the contract is to be awarded to provide a written certification that is has not made a contribution that would bar the award of a contract pursuant to this chapter. A business entity shall have a continuing duty to report to the Election Law Enforcement Commission any contributions that constitute a violation of this chapter that are made during the duration of a contract.

§ 10-20.8 Violations; civil penalties.

[Added 12-5-2017 by Ord. No. 2017-31]

Violations of this chapter shall result in penalties as prescribed with N.J.S.A. 19:44A-20.10 and N.J.S.A. 19:44A-20.11.

§ 10-21 Competitive negotiations for professional services contracts.

[Added 2-22-05 by Ord. No. 2005-031]

A. Definitions.

PROFESSIONAL SERVICES

For purposes of this section means, as defined at N.J.S.A. § 40A:11-2(6), services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. For purposes of this ordinance, however, professional services shall not include professional artistic services as defined at N.J.S.A. § 40A:11-2(6). Professional services shall include financial services or insurance services.

B. General provisions.

(1) The municipality shall award all contracts or agreements for the provision of professional services on the basis of qualification based, competitive negotiation.

(2) Professional Service contract requests for proposal shall be published by the posting of a public notice at least ten (10) days prior to the awarding of any contract for professional services.

(3) The public notice shall be;

(a) Prominently posted in the public place reserved for Sunshine Law notices;

(b) Mailed, telephoned, telegrammed, faxed or hand delivered to at least two (2) newspapers designated to receive such notices because they have the greatest likelihood of informing the public within the municipality, one (1) of which shall be the official newspaper of the municipality; and

(c) Final with the Clerk of the municipality.

(4) The public notice shall, at minimum, include:

(a) A description of the professional services needed, including, where appropriate, a description of tasks involved.

(b) Threshold qualification requirements setting the highest possible, minimum standards for qualifying to compete for the particular services and tasks involved.

(c) Notice that standardized submission requirements and selection criteria are on file and available at a stated location in the township.

(d) Deadline and place for all submissions.

(5) Standardized submission requirements shall include:

(a) Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised.

(b) References and record of success.

(c) Description of ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff).

(d) Cost details, including the hourly rates of each of the individuals who will perform services and time estimates for each individual, all expenses, and, where appropriate, total cost of "not to exceed" amount.

(6) The selection criteria to be used in awarding a contract or agreement for professional services shall include:

(a) Qualifications of the individuals who will perform the tasks and the amounts of their respective participation.

(b) Experience and references.

(c) Ability to perform the task in a timely fashion, including staffing and familiarity with subject matter.

(d) Cost consideration—including, but not limited to, historical costs for similar professional services, expertise involved and comparable costs for comparable public entities.

(7) All submissions shall be kept on file during the term of the related contract, and shall be public records after the deadline for the submission of proposals.

(8) In the event that compliance with part or all of the requirements of this ordinance is impracticable as regards a particular contract or agreement, the Township Committee may waive part or all of the requirements by a majority vote of the full Committee in the appointing resolution, setting forth with specificity the reasons such waiver is required.