[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle 10-12-1970 by Ord. No. 1250. Amendments noted where applicable.]
Administration of government — See Ch. 4.
Editor's Note: The provisions of this chapter were added to the Revised Ordinances of the Borough of Roselle, New Jersey 10-12-1970 as Ord. No. 1250 and designated as Article 1A of Chapter 2.
No person shall use his office or employment for private gain or engage in any business or transaction or have a financial or other interest, direct or indirect, which is in conflict with the proper discharge of his official duties.
No officer or employee shall engage in or accept private employment or render services for private interests when such employment or services are incompatible with the proper discharge of his duties or would tend to impair his independent judgment or action in the performance of his official duties.
The Borough Attorney shall not represent the owner of real estate in the borough in its improvement, sale, rental or mortgaging where such transaction is a part of the development of more than one (1) dwelling or any dwelling intended to be occupied by more than four (4) families. He shall not represent, directly or indirectly, the purchaser of any land from the borough in connection with such purchase, nor shall he knowingly represent any person in connection with the first resale for use or improvement prior thereto of any land purchased from the borough during his term of office.
No person whose office or employment requires him to exercise his judgment or discretion shall knowingly exercise such judgment or discretion in any matter in which he has or expects to have a private financial interest, direct or indirect, unless required by law to do so.
No officer or employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the borough, nor shall he use such information to advance the financial or other private interests of himself or others.
No officer or employee, unless otherwise permitted by law to do so, shall knowingly, directly or indirectly, enter into any contract, sale or purchase with the borough or obtain any license, permit, certificate or official approval from the borough or any right or claim through the judgment or discretion of any other officer or employee in any matter unless he shall first file or cause his partnership or corporation, as hereinafter designated, to file with the Borough Clerk a statement of disclosure in the manner hereinafter set forth. As to any transaction conducted at an official public meeting of any body or board of the borough, an officer or employee may orally state or cause to be stated at said meeting the information required herein to be set forth in the statement in lieu of filing the same.
The statement shall state with respect to the person filing it:
His name and address and, if a partnership or corporation, the names and addresses of the officers or employees whose ownership interest is required to be disclosed.
The nature or title of his borough office or employment or his or its relationship to one (1) or more officers or employees, stating the name and address of each such officer or employee and the nature or title of his office or employment.
A brief description of the contemplated transaction with the borough.
The nature of his interest in the contemplated transaction.
The statement shall be posted by the Borough Clerk in a prominent place at the Borough Hall for a period of not less than three (3) days continuously immediately before the borough enters into said contract, sale or purchase, issues said license, permit, certificate or official approval or grants any right or claim as aforesaid, and not less than three (3) days continuously immediately before the borough opens or hears bids in such matters as bidding has been invited.
A statement filed in a matter where bidding has been invited shall be read publicly, together with such bid.
The statement shall be filed in sufficient time to permit compliance with the provisions of this section.
The Borough Clerk shall keep a copy of all statements in a binder which shall be available for public inspection at the Borough Hall at all times during the usual business hours of the borough.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any agency or department of the borough.
- OFFICER or EMPLOYEE
- Includes his parents, spouse, children and a partnership or corporation in which he alone or in combination with one (1) or more other officers or employees has an ownership interest of twenty percent (20%) or more.
No officer or employee shall accept any valuable gift, whether in the form of service, loan, thing of value or promise, from any person known by such officer or employee to be interested directly or indirectly in business dealings with the borough; nor shall any officer or employee accept any gift, favor or thing of value that may tend to influence him in the discharge of his duties, or grant in the discharge of his duties any improper favor, service or thing of value.
No officer or employee shall knowingly, by threat or promise in the exercise of the duties of his office, urge anyone to vote for or against any candidate for public political office or in favor of or against any public question in any election.
The Mayor, with the consent of Council, shall appoint an Advisory Committee of not less than five (5) nor more than seven (7) members, which shall include at least three (3) Councilmen and the Borough Attorney, to serve until December 31 of each year and until their successors shall qualify. Whenever possible there shall be at least one (1) Councilman for each political party on the Committee.
The Advisory Committee shall promptly give its opinion to any officer or employee who may request it as to whether an activity or association or contemplated activity or association by that officer or employee may constitute a violation of this chapter. It shall in like manner give its opinion on any matter referred to it by the Council as provided in § 12-7B or by any other board or authority referred to in § 12-9. The deliberations of the Committee and the identity of the person requesting the opinion shall be confidential. Its opinion shall be available to the public.
The Advisory Committee may from time to time recommend to the Council amendments and rules and regulations ensuring a fair interpretation and application of the provisions of this chapter.
Any resident of the borough may submit to the Council a verified written complaint alleging a violation of this chapter.
The Council shall within a reasonable time conduct a preliminary investigation which shall include an interview with the complainant and the person charged. The Council shall give due consideration to any opinion of the Advisory Committee as justification or mitigation of an alleged violation of this chapter. The Council may thereafter refer its findings or any question or questions to the Advisory Committee for an opinion in matters where the Advisory Committee has not theretofore issued an opinion.
Within sixty (60) days after the filing of said complaint, the Council shall either advise the interested parties in writing that it has found no basis for the complaint, stating its reasons therefor, or fix a date for a public hearing. The time within which the Council shall act shall be extended by such time as the matter may be pending before the Advisory Committee.
The complaint, correspondence, investigation and deliberations of the Council prior to the public hearing in a matter shall be confidential.
Any person violating any provision of this chapter shall be subject to dismissal or suspension from his office or employment or shall suffer such other disciplinary action as the Council may deem proper after a hearing as provided by law.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason whatever, the remaining provisions and the application of such provisions to other persons or circumstances shall not be affected thereby. Should the Council be without jurisdiction to consider any complaint of an alleged violation of this chapter, it shall refer such complaint to the board or other authority having the power of removal, dismissal or suspension of the officer or employee complained against, and such board or other authority shall proceed in such manner as may be provided by law to effectuate the purposes of this chapter.