[Adopted 9-19-1991 by Ord. No. 9114]
The Board established by this article shall
be known as the "Ventnor City Ethics Board," and any Code of Ethics
established pursuant to this article shall be known as the "Ventnor
City Ethics Code."
As used in this article, the following terms
shall have the meanings indicated:
AGENCY
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the City
of Ventnor, and any independent local authority which perform functions
other than of a purely advisory nature, but shall not include a school
board.
BUSINESS ORGANIZATION
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
EMPLOYEE
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving on any agency, board, governing
body, bureau, division, office, commission or other instrumentality
within the City of Ventnor which performs functions other than of
a purely advisory nature, who is not an officer, but shall not mean
any employee of a school district.
GOVERNING BODY
The Commissioners, including the Mayor or other body, by
whatever name it may be known, having charge of the finances of the
City of Ventnor.
INTEREST
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.
MEMBER OF IMMEDIATE FAMILY
The spouse or dependent child of an officer or employee of
the City of Ventnor residing in the same household as said officer
or employee of said City of Ventnor.
OFFICER
Any person, whether compensated or not, whether part-time
or full-time, who is one of the following:
A.
Elected to any office of any agency, board,
governing body, office, commission or other instrumentality within
the City of Ventnor and any independent local authority created by
or appointed under the authority of the City of Ventnor which performs
functions other than of a purely advisory nature.
B.
Serving on any agency, board, governing body,
office, commission or other instrumentality within the City of Ventnor
and any independent local authority created by or appointed under
the authority of the City of Ventnor which performs functions other
than of a purely advisory nature and which has the authority to enact
ordinances, approve development applications or grant zoning variances.
C.
A member of a municipal authority.
D.
Any person who formulates management policies
or practices and/or is charged with the responsibility of directing
the effectuation of such management policies and practices.
E.
Any person whose functional responsibilities
or knowledge in connection with the issues involved in the collective
negotiations process would make his or her membership and any appropriate
negotiating unit incompatible with his or her official duties.
F.
Any employee of a school district or member
of a school board is specifically not considered an "officer" for
the terms of this article.
Officers and employees of the City of Ventnor
shall meet the following ethical standards and comply with the following
provisions:
A. No officer 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.
B. No officer or employee shall use or attempt to use
his or her official position to secure unwarranted privileges or advantages
for himself, herself or others.
C. No officer or employee shall act in his or her official
capacity in any manner where he or she, a member of his or her immediate
family or a 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
of 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 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 purposes
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 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 City of Ventnor in connection with any cause, proceeding,
application or other matter pending before any agency in the City
of Ventnor. This provision shall not be deemed to prohibit an employee
from representing another employee where the agency is the City of
Ventnor and the representation is within the context of official labor
union or similar representational responsibilities.
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. Nothing shall prohibit any officer 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. Nothing in this section shall be deemed to prohibit
the public defender in the City of Ventnor from representing any person
appearing in the Ventnor Municipal Court, regardless of whether said
individual falls within the parameters of the Ventnor City Ethics
Code.
L. Independent local authorities.
(1) No independent local authority shall, if the same
does indeed exist within a municipality, for a period of one year
next subsequent to the termination of office of a member of said authority:
(a) Award any contract which is not publicly bid to a
former member of that authority;
(b) Allow a former member of that authority to represent,
appear for or negotiate on behalf of any other party before that authority;
or
(c) Employ for compensation, except pursuant to open competitive
examination in accordance with Title 11A of the New Jersey statutes
and the rules and regulations promulgated pursuant thereto, any former
member of that authority.
(2) The restrictions contained in this subsection shall
also apply to any business organization in which the former authority
member holds an interest.
Officers of the City of Ventnor 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:
A. 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 commission 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 officer or member of his
or her immediate family has an interest in the business organization.
B. 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 officer or a member of his or
her immediate family during the preceding calendar year.
C. Each source of gifts, reimbursements or prepaid expenses
having an aggregate value exceeding $400 from any single source, excluding
relatives, received by the officer or member of his or her immediate
family during the preceding calendar year.
D. The name and address of all business organizations
in which the officer or a member of his or her immediate family had
an interest during the preceding calendar year.
E. The address and brief description of all real property
in the state in which the officer or a member of his or her immediate
family held an interest during the preceding calendar year.
[Adopted 2-7-2008 by Ord. No. 2008-01]
No contribution of money or any other thing
of value, including in-kind contributions, made by a professional
business entity or vendor to any City of Ventnor City candidate for
Mayor or governing body, or City of Ventnor City or Atlantic County
party committee or PAC referenced in this article shall be deemed
a violation of this article, nor shall an agreement for property,
goods, or services, of any kind whatsoever, be disqualified thereby,
if that contribution was made by the professional business entity
or vendor prior to the effective date of this article.
A professional business entity, vendor, or municipal candidate or officeholder, or a City of Ventnor City or Atlantic County party committee or PAC referenced in this article, may cure a violation of §
16-14 of this article if, within 30 days after the date on which the applicable ELEC report is published, the professional business entity
or vendor notifies the municipality in writing and seeks and receives
reimbursement of the contribution from the relevant municipal candidate
or officeholder, City of Ventnor City or Atlantic County political
party or PAC referenced in this article.
The contribution limitations prior to entering into a contract in §
16-14A do not apply to contracts which are required by law to be awarded to the lowest bidder.