[HISTORY: Adopted by the City Council of the City of Salem4-6-2009 by Ord. No. 09-11. Amendments noted where applicable.]
A.Â
No City official or employee or member of his 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 duties in the public interest;
B.Â
No City official or employee shall use or attempt to use his official
position to secure unwarranted privileges or advantages for himself
or others;
C.Â
No City official or employee shall act in his official capacity in
any matter where he, a member of his immediate family, or a business
organization in which he has an interest, has a direct or indirect
financial or personal involvement that might reasonably be expected
to impair his objectivity or independence of judgment;
D.Â
No City official or employee shall undertake any employment or service,
whether compensated or not, which might reasonably be expected to
prejudice his independence of judgment in the exercise of his official
duties;
E.Â
No City official or employee, member of his immediate family, or
business organization in which he 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, directly or indirectly, in the discharge of his 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 City official has no knowledge or reason to
believe that the campaign contribution, if accepted, was given with
the intent to influence the City official in the discharge of his
official duties;
F.Â
No City 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;
G.Â
No City official or employee or business organization in which he
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 in the City in which he serves. This
provision shall not be deemed to prohibit one City employee from representing
another City employee where the City agency is the employer and the
representation is within the context of official labor union or similar
representational responsibilities;
H.Â
No City 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 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;
I.Â
No City 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 immediate family, whether directly or indirectly, in return therefor;
and
J.Â
Nothing shall prohibit any City official or employee, or members
of his immediate family, from representing himself or themselves in
negotiations or proceedings concerning his or their own interests.
All City officials shall annually file a financial disclosure
statement. The statements shall be filed with the City Clerk and shall
constitute an open public record. The statements shall contain the
following information:
A.Â
Each source of income, earned or unearned, exceeding $2,000 received
by the City official or a member of his 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 City official or member of his immediate family
has an interest in the business organization;
B.Â
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 City official or a member of his immediate
family during the preceding calendar year;
C.Â
Each source of gifts, reimbursements or prepaid expenses having an
aggregate value exceeding $400 from any single source, excluding relatives,
received by the City official or a member of his immediate family
during the preceding calendar year;
D.Â
The name and address of all business organizations in which the City
official or a member of his immediate family had an interest during
the preceding calendar year; and
E.Â
The address and brief description of all real property in the state
in which the City official or a member of his immediate family held
an interest during the preceding year.
As used in this chapter, the following terms shall have the
meanings indicated:
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
In the case of a municipality, the commission, council, board
or body, by whatever name it may be known, having charge of the finances
of the municipality, and, in the case of a county, the board of chosen
freeholders, or, in the case of a county having adopted the provisions
of the "Optional County Charter Law," P.L. 1972, c. 154 (N.J.S.A.
40:41A-1 et seq.), as defined in the form of government adopted by
the county under that act.
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.
A.Â
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.
B.Â
Any person alleging that a City 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.
