[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 8-13-1991 by Ord. No. 2109. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough of Bergenfield Code of Ethics."
The Borough Council of the Borough of Bergenfield finds and declares 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 assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the Borough of Bergenfield shall be clear, consistent, uniform in their application, 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.
As used in this chapter, 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 Borough of Bergenfield, and any independent local authority of the Borough of Bergenfield, which performs functions other than of a purely advisory nature, but shall not include a school board.
BOARD
The Local Finance Board in the Division of Local Government Services in the New Jersey Department of Community Affairs.
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 the Borough, or serving on an agency of the Borough, who is not an officer, but shall not mean any employee of a school district.
GOVERNING BODY
Elected or appointed members of the Mayor and Council, consisting of the Mayor and six members of Council.
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 residing in the same household.
OFFICER
Any person whether compensated or not, whether part-time or full-time, elected or appointed to any position which has the authority to enact ordinances, approve development applications or grant zoning variances, who is a member of any authority of the Borough of Bergenfield or who is a managerial or confidential employee of the Borough of Bergenfield, as defined in Section 3 of the New Jersey Employer-Employee Relations Act, P.L. 1941, c.100 (N.J.S.A. 34:13A-3), but shall not mean any employee of a school district or member of a school board.
OFFICER or EMPLOYEE
An officer or employee of the Borough of Bergenfield or of an agency under the authority of or appointed by the Borough of Bergenfield.
Officers and employees of the Borough of Bergenfield shall comply with the following provisions:
A. 
No officer or employee of the Borough of Bergenfield 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. 
Independent local authority.
(1) 
No independent local authority shall, for a period of one year next subsequent to the termination office of a member of that authority:
(a) 
Award any contract which is not public 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 employment through 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 restriction contained in this subsection shall also apply to any business organization in which the former member holds an interest.
C. 
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.
D. 
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.
E. 
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.
F. 
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, 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 contribution 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.
G. 
No officer or employee shall use, or allow to be used, his public office or employment, or any information, not generally available to the members of the public, which he receives or acquires in the course of and by reason of his office or employment, for the purpose of securing financial gain for himself, any member of his immediate family, or any business organization with which he is associated.
H. 
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 in connection with any cause, proceeding, application or other matter pending before any agency of the Borough of Bergenfield. This provision shall not be deemed to prohibit an employee from representing another employee where the Borough is the employer and where the representation is within the context of official labor union or similar representational responsibilities.
I. 
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.
J. 
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.
K. 
Nothing shall prohibit any officer or employee of the Borough of Bergenfield, 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.
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 to him or her, a member of his or her immediate family or any business organization in which he has a direct or indirect personal, pecuniary or private interest.
A. 
Officers of the Borough 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) 
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 officer 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 officer 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 officer 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 officer or a member of his or her immediate family had an interest during the preceding calendar year; and
(5) 
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 interest during the preceding calendar year.
B. 
The New Jersey Local Finance Board shall prescribe a financial disclosure statement form for filing purposes, in accordance with the New Jersey Local Government Ethics Law. The Borough Clerk shall make the forms available to the officers and employees required to file a financial disclosure statement.
C. 
Officers shall file the initial financial disclosure statements prior to August 19, 1991. Thereafter, statements shall be filed on or before April 30 of each year. The original statement shall be filed with the Borough Clerk and a copy shall be filed with the New Jersey Local Finance Board.
D. 
All financial disclosure statements filed shall be public records.
[1]
Editor’s Note: Former § 25-7, Borough Ethical Standards Board, § 25-8, Facilities and staff, § 25-9, Adoption of Code of Ethics, and § 25-10, Powers of the Ethical Standards Board, were repealed 3-18-2014 by Ord. No. 14-2466.
[Amended 3-18-2014 by Ord. No. 14-2466]
Any local government officer or employee of the Borough may request and obtain from the Local Finance Board an advisory opinion as to whether any proposed activity or conduct would, in its opinion, constitute a violation of the Code of Ethics or any financial disclosure requirements.
[Amended 3-18-2014 by Ord. No. 14-2466[1]]
Any and all complaints regarding a violation of the Ethics Code by a municipal official shall be filed with the Local Finance Board and the Division of Local Government Services in the Department of Community Affairs.
[1]
Editor’s Note: This ordinance also repealed former § 25-13, Enforcement and penalties, and former § 25-14, Records of the Ethical Standards Board, which immediately followed.