[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale 6-11-1991 by Ord. No. 91-922 (Ch. 37 of the 1966 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Ethical Code of the Borough of Montvale."
The Mayor and Council of the Borough of Montvale find and declare that:
A. 
Public office and employment are a public trust.
B. 
The vitality and stability of representative democracy depend upon the public's confidence in the integrity of its elected and appointed representatives.
C. 
Whenever the public perceives a conflict between the private interests and the public duties of a government officer or employee, that confidence is imperiled.
D. 
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. 
It is the purpose of this chapter to provide a method of ensuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the Borough of Montvale 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 interests which might arise in the conduct of their public duties.
B. 
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
This chapter is enacted under the authority of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq., and under the further authority granted to the Borough of Montvale under the provisions of Titles 40 and 40A of the New Jersey Statutes Annotated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All terms herein and hereinafter stated, including, but not limited to, "agency," "board," "business organization," "commission," "governing body," "interest," "local government agency," "local government employee," "local government officer," "local government officer or employee" and "member of immediate family" are intended and shall be defined in a manner as stated in the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq.
Officers and employees of the Borough of Montvale shall comply with and observe the following standards:
A. 
No officer or employee of the Borough of Montvale 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. 
No officer or employee shall use or attempt to use his or her official position to secure the unwarranted privileges or advantages for himself or others.
C. 
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. 
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. 
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. 
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 or herself, any member of his or her immediate family or any business organization with which he or she is associated.
G. 
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 Borough of Montvale in connection with any cause, proceeding, application or other matter pending before any agency of the Borough of Montvale. 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 Montvale Public Defender with respect to representation of defendants in the Municipal Court.
H. 
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.
I. 
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. 
No officer or employee elected or appointed in the Borough of Montvale 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 Borough of Montvale.
K. 
Nothing herein stated is intended to prohibit any officer or employee of the Borough of Montvale or members of his or her immediate family from representing himself or herself or themselves in negotiations or proceedings concerning his, her or their own interest; provided, further, that no local government officer shall be deemed in conflict with the above specified standards nor are the same intended to prohibit the following:
(1) 
Said officer's 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 in an instance where no material or monetary gain accrues to said officer individually or 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.
(2) 
Said officer's 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 member of his or her immediate family, whether directly or indirectly, in return therefor.
L. 
No officer or employee shall approve or disapprove or in any way recommend the payment of any bill, voucher or indebtedness owed or allegedly owed by the Borough of Montvale in which he or she has a direct personal, pecuniary or private interest.
M. 
No officer or employee elected or appointed in the Borough of Montvale 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 is provided as a matter of stated public policy for the use of officials and employees in the conduct of official business.
A. 
Required findings. Local government officers shall annually file a financial disclosure statement, which statement shall include and specify the following:
(1) 
The name and address of the officer's employer and specifications of the officer's job title.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
The address and a 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.
(7) 
Such other information as the Borough of Montvale shall deem reasonably required in the public interest in order to accomplish the purposes of the within enactment.
B. 
Form of statement. The disclosure statement shall be a form promulgated by the New Jersey Local Finance Board, in accordance with the standards adopted by the New Jersey Local Government Ethics Law, N.J.S.A. 40:9-22.1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Place and time of filing. The original financial disclosure statement shall be filed with the Borough Clerk, and a copy of which shall be filed with the New Jersey Local Finance Board, within 90 days after the effective date of this chapter and thereafter on or before April 30 of each year, except that each local government officer shall file a financial disclosure statement within 30 days of taking office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Financial disclosure statements, business record. All financial disclosure statements shall be deemed public records and be made available for inspection to members of the public through the office of the Borough Clerk, during regular business hours; provided, however, that such members of the public desiring to make such an inspection shall be required to state to the Clerk as a prerequisite to such inspection their full names and addresses.
[Amended 7-12-1994 by Ord. No. 94-970[1]]
The responsibilities and duties exercised by the Municipal Ethics Board, including, but not limited to, the enforcement of the provisions of the Municipal Code of Ethics and financial disclosure requirements against officers or employees serving the Borough, shall be performed by the New Jersey Local Finance Board, as authorized pursuant to N.J.S.A. 40A:9-22.7 et seq. Each and all of the regulations, provisions, penalties, conditions and terms thereof are hereby referred to, adopted and made a part hereof as if fully set out in this chapter.
[1]
Editor's Note: This ordinance also provided that §§ 37-7 through 37-12 of Ordinance No. 91-922 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Violation of this chapter shall be subject to the penalties prescribed in N.J.S.A. 40A:9-22.10.