[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 10-14-1999 by Ord. No. 1193.[1] Amendments noted where applicable.]
A.
The purpose of this code is to establish general and
specific standards to guide the conduct of public officers, employees
and appointees serving the people of the Township of Saddle Brook
and to preserve the trust, respect and confidence of the people of
the Township of Saddle Brook by the adoption of this Code of Ethics
governing the conduct of officials, employees and appointees.
B.
The public judges its government by the way public
officials conduct themselves in the posts to which they are elected
or appointed.
C.
The people have the right to expect that every public
official, employee and appointee will conduct himself in a manner
that will tend to preserve public confidence in and respect for the
government he represents.
D.
Such confidence and respect can be best promoted if
every public official, whether paid or unpaid, and whether elected
or appointed, will uniformly:
E.
To help public officials achieve these goals is one
of the objectives of the code.
F.
The other objective is based on the proposition that
no man can serve two masters, nor should he attempt to do so.
G.
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., and this chapter is enacted under the
authority of such statute.
[Amended 12-9-1999 by Ord. No. 1195]
The terms used in this code are hereby defined
as follows:
Any person employed by the Township of Saddle Brook or any
of its agencies, boards or other entities listed on its payroll, either
on a full-time, part-time or temporary basis.
Any interest which shall yield, directly or indirectly, a
monetary or other materials benefit (other than the duly authorized
salary or compensation for services to the municipality) to the official
or to any person employing or retaining the services of the official.
The Township of Saddle Brook, its boards, agencies or other
carrying governmental functions for and on behalf of the Township
of Saddle Brook.
Any person other than a Township employee who is elected,
appointed to or retained as a professional advisor by any public office
or an appointed member of a public board or public body of the Township
of Saddle Brook, whether paid or unpaid, and whether part-time or
full-time, including the Building Inspector and other employees in
the Building Department and employees in the Board of Health, including
Health Inspector and Fire Inspector. Appointed unpaid volunteers who
are without discretionary powers, such as the Fire Department, Ambulance
Corps, Rescue Squad and Police Reserve, are not intended to be covered
by this chapter, nor are they to be included in the definition of
appointed officials.
Any person, entity firm, association, group, partnership
or corporation, or any combination thereof.
Any interest arising from blood or marriage relationships
or from close business or political association, whether or not any
financial interest is involved. It is not the intent of this chapter
to include relatives of Township officials, employees or appointees
where such relatives are only employees and not principles of an entity
doing business with, making application with or otherwise appearing
before the Township of Saddle Brook, except where pertinent.
Any agency, board, body, commission, committee, department
or office of the Township of Saddle Brook.
Officials and employees of the Township of Saddle
Brook shall comply with the following provisions:
A.
No official or employee shall grant or make available
to any person any consideration, treatment, advantage or favor beyond
that which it is the general practice to grant or make available to
the public at large.
B.
No official or employee shall request, use or permit
the use of publicly owned or publicly supported property, vehicle,
equipment, labor or service for the personal convenience or the private
advantage of himself or any other person. This rule shall not be deemed
to prohibit any official or employee from requesting, using or permitting
the use of such publicly owned or publicly supplied 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.
C.
No official or employee, 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.
D.
No official or employee shall use or attempt to use
his or her official position to secure unwarranted personal or financial
interests, privileges or advantages for himself or others.
E.
No official 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 other business organization in which he or she has an
interest has a direct or indirect financial or personal interest or
involvement that might reasonably be expected to impair his or her
objectivity or independence or judgment.
F.
No official 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.
G.
No official 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, 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 or her, 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 official in
the discharge of his or her official duties.
H.
No official or employee shall use or allow to be used
his or her public employment or office, or any information, not generally
available to members of the public, which he or she received or acquires
in the course of any 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.
I.
No official or employee or any business organization
in which he or she has a personal or financial 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 Saddle Brook 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.
J.
Nothing herein shall prohibit any official or employee
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.
No official or employee shall, without receiving formal
written authorization from the appropriate person or body, disclose
any confidential information concerning any other official or employee
or any other person or any property or governmental affairs of the
Township.
L.
No official or employee shall approve or disapprove
or in any way recommend the payment of any bill, voucher, indebtedness
owed by the Township, application or other matter before the Township,
its agencies or other political subdivisions in which he or she has
a direct or indirect personal, financial, private or other interest.
A.
All officials of the Township of Saddle Brook 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 official's
job title:
(1)
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 official
or member of his or her immediate family has an interest in the business
organization.
(2)
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 official or
a member of his or her immediate family during the preceding calendar
year.
(3)
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 official or a member of
his or her immediate family during the preceding calendar year.
(4)
The name and address of all business organizations
in which the local government official or a member of his or her immediate
family had an interest during the preceding calendar year.
(5)
The address and brief description of all real property
in the State of New Jersey in which the local government official
or a member of his or her immediate family had an interest during
the preceding calendar year.
B.
All financial disclosure statements required hereunder
shall be filed on or before April 30 of each year. A copy of the statement
shall be filed with the Office of the Clerk for the Township of Saddle
Brook. All such statements filed shall be public records.
A.
Disclosure and disqualification. Whenever the performance
of his or her official duties shall require any official or employee
to deliberate, act or vote on any matter in which be may have a financial
or personal interest, direct or indirect, he shall publicly disclose
the nature and extent of such interest and disqualify himself from
participating in and shall physically remove himself from public or
private deliberations or voting and shall not take any action in his
capacity as a municipal official or employee relating to such matter.
(1)
It should be recognized and understood by all Township
of Saddle Brook officials that the policy of the Township of Saddle
Brook is that those people holding an official position on any board,
agency or entity of the Township in which they are or may be called
upon to render their judgments or opinions or to vote on applications,
appeals or prayers of relief of any kind shall disclose, prior to
any discussions on the application, appeal or prayer for relief, any
and all interests of any kind, direct or indirect, with the applicant.
Should any member of any board, agency or entity recuse themselves
from these applications, appeals or prayers for relief in one year,
he or she shall be subject to removal from his position by the appointing
authority.
(2)
No official shall act in any official capacity by
voting or otherwise participating on any Township matter in which
he or she has an interest or an interest with the applicant or any
party appearing thereto.
(3)
No official shall act as an officer or agent of a
Township agency for the transaction of any business with himself or
herself or in which he or she has an interest.
(4)
No official nor any person or party with whom an official
has an interest shall knowingly undertake or execute any contract,
agreement, sale or purchase awarded or granted by any Township agency.
(5)
No official shall have any interest in or engage in
any business or transaction or professional activity which is in conflict
with the proper discharge of his or her duties in the public interest.
(6)
No official should act in his official capacity in
any matter where he has a direct or indirect interest that might impair
his objectivity or independence of judgment.
(7)
Every official must avoid any conflict of interest,
direct or indirect, and must refrain from participating in any manner
which may give the appearance of a conflict of interest.
(8)
No employee or official may be retained or hired by
any company that has a contract with the Township of Saddle Brook
in which that employee or official has participated in the negotiations
for said contract or agreement or application. In the event that it
is discovered that said employee or official is subsequently employed
by said company within one year of leaving the employ of the Township,
then the contract may be considered null and void by the Township
of Saddle Brook.
None of the provisions of this chapter shall
operate or be construed to violate any state statutes or valid collective
bargaining agreements.
A.
An official or employee of the Township of Saddle
Brook found guilty of the violation of any provision of this chapter,
shall be fined not less than $100 nor more than $500, which penalty
may be collected in a summary proceeding pursuant to the Penalty Enforcement
Law, N.J.S.A. 2A:58-1.[1] The violation of this chapter by any official or employee
shall be reported to the office or agency having the power of removal
or discipline of the official or employee for the taking of further
disciplinary action.
[1]
Editor's Note: N.J.S.A. 2A:58-1 was repealed
by P.L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et
seq.
B.
The finding that an appointed official or employee
of the Township of Saddle Brook is guilty of a violation of this chapter
shall be sufficient cause for his or her removal, suspension, demotion
or other disciplinary action by the official or agency having the
power of removal or discipline. When a person who is in the career
service is found to have violated the provisions of this chapter,
the procedure leading to removal, suspension, demotion or other disciplinary
action shall be governed by any applicable procedures of Title 11A
of the New Jersey Statutes and the rules promulgated pursuant thereto.
C.
If an elected official is found guilty of a violation
of this chapter, any disciplinary action relating to removal from
office is regulated by state statute and not by the provisions of
this chapter.
It is generally recognized and acknowledged
that public officials and employees sometimes participate or are involved
in activities which are in nature social amenities. It is not the
intention of this chapter to include, within the proscriptions herein,
these inconsequential or trivial activities.
