[HISTORY: Adopted by the Township Committee of the Township of Middle
8-1-1991 as Ord. No. 783-91. Amendments noted where applicable.]
There is hereby established in the Township of Middle standards of ethical
conduct for the officers and employees of the Township of Middle.
This chapter shall be known and may be cited as the "Township of Middle
Code of Ethics."
The Township Committee of the Township of Middle finds and declares
that:
A.Â
Public office and employment are a public trust.
B.Â
The vitality and stability of representative democracy
depend upon the public's confidence in the integrity of its elected and appointed
representatives.
C.Â
Whenever the public perceives a conflict between the
private interest and the public duties of a government officer or employee,
that confidence is imperiled.
D.Â
Governments have the duty both to provide their citizens
with standards by which they may determine whether public duties are being
faithfully performed and to apprise their officers and employees of the behavior
which is expected of them while conducting their public duties.
A.Â
It is the purpose of this chapter to provide a method
of assuring that standards of ethical conduct and financial disclosure requirements
for officers and employees of the Township of Middle shall be clear, consistent,
uniform in their application and enforceable 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.
B.Â
It is the further purpose of this chapter 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.
C.Â
This chapter is enacted under the authority of the Local
Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22 et seq., and under
the further authority granted to the Township of Middle under the provisions
of Titles 40 and 40A of the New Jersey statutes.
A.Â
AGENCY
BUSINESS ORGANIZATION
EMPLOYEE
INTEREST
MEMBER OF IMMEDIATE FAMILY
OFFICER
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
(12)Â
(13)Â
(14)Â
(15)Â
(16)Â
(17)Â
(18)Â
(19)Â
(20)Â
(21)Â
(22)Â
(23)Â
(24)Â
(25)Â
(26)Â
(27)Â
(28)Â
(29)Â
(30)Â
(31)Â
(32)Â
(33)Â
(34)Â
OFFICER OR EMPLOYEE
As used in this chapter, 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 Township of
Middle and any independent local authority created by or appointed under the
authority of the Township of Middle 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 nonunion profit 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 one of the following
Members of Township Committee.
Township Administrator.
Chief Financial Officer.
Construction Official.
Code Enforcement Official.
Deputy Director of Public Works.
Public Works Superintendent.
Recreation Program Administrator.
Chief of Police.
Police Captain.
Police Lieutenant.
Assessor.
Clerk.
Solicitor.
Engineer.
Planning Consultant.
Auditor.
Municipal Judge.
Municipal Court Administrator.
Prosecutor.
Public Defender.
Tax Collector.
Zoning Officer.
Supervisor of Sewer and Water.
Director of Public Assistance.
Board of Health member.
Planning Board member.
Zoning Board member.
Local Assistance Board member.
Water District member.
Fire Commissioner.
Shade Tree Commissioner.
Environmental Commissioner.
Historic Preservation Board member.
An officer or employee of the Township of Middle or of an agency
under the authority of or appointed by the Township of Middle.
Officers and employees of the Township of Middle shall comply with the
following provisions:
A.Â
No officer or employee of the Township of Middle 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.Â
No officer or employee shall use or attempt to use his
or her official position to secure unwarranted privileges or advantages for
himself or others.
C.Â
No officer or employee shall act in his or her official
capacity in any matter where he, 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 or judgment.
D.Â
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.
E.Â
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, 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 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.
F.Â
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, any member of his or her immediate family or any
business organization with which he or she is associated.
G.Â
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 township in connection with any cause, proceeding, application or
other matter pending before any agency of the Township of Middle. This provision
shall not be deemed to prohibit an employee from representing another employee
where the representation is within the context of official labor union or
similar representational responsibilities, nor shall this provision be applicable
to the Township Public Defender with respect to representation of defendants
in the Municipal Court.
H.Â
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, 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. These provisions shall
not apply to the Township Public Defender, whose conduct is regulated by the
Rules of Professional Conduct as mandated by the Supreme Court of the State
of New Jersey.
[Amended 9-19-1991 by Ord.
No. 790-91]
I.Â
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.
J.Â
Nothing shall prohibit any officer or employee of the
Township of Middle, 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.
K.Â
No officer or employee elected or appointed in the township
shall, without receiving formal written authorization from the appropriate
person or body, disclose any confidential information concerning any other
officer or employee or any other person or any property or governmental affairs
of the township.
L.Â
No officer or employee elected or appointed in the township
shall approve or disapprove or in any way recommend the payment of any bill,
voucher or indebtedness owed or allegedly owed by the township in which he
has a direct or indirect personal, pecuniary or private interest.
M.Â
No officer or employee elected or appointed in the township
shall request, use or permit the use of any public property, vehicle, equipment,
labor or service for personal convenience or the private advantage of himself
or any other person. This prohibition shall not be deemed to prohibit an official
or employee from requesting, using or permitting the use of such public property,
vehicle, equipment, material, labor or service which it is the general practice
to make available to the public at large or which are provided as a matter
of stated public policy for the use of officials and employees in the conduct
of official business.
A.Â
Officers of the township shall annually file a financial
disclosure 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)Â
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)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 local government officer or a member of his or
her immediate family during the preceding calendar year.
(3)Â
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)Â
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)Â
The address and brief description of all real property
in the state in which the local government officer or a member of his or her
immediate family held an interest during the preceding calendar year.
B.Â
Officers of the township shall utilize a financial disclosure
statement form promulgated by the New Jersey Local Finance Board, in accordance
with the New Jersey Local Government Ethics Law.[1] The Township Clerk shall make the forms available to the officers
and employees required to file a financial disclosure statement.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
C.Â
The original statement shall be filed with the Township
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 Township of
Middle Ethical Standards Board.
D.Â
All financial disclosure statements filed shall be public
records.
The Local Finance Board of the State of New Jersey shall have jurisdiction
over the conduct of township officials and employees with regard to enforcement
of this chapter pursuant to N.J.S.A. 40A:9-22.4 et seq.