This chapter shall be known and may be cited as the "Township of Pohatcong
Code of Ethics."
The Council of the Township of Pohatcong 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; and
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.
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 Township of
Pohatcong, and any independent local authority created by or appointed under
the authority of the Township of Pohatcong, which performs functions other
than of a purely advisory nature.
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 who is not a local government officer.
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 nonunion profit entity or labor union.
OFFICER
Any person whether compensated or not, whether part-time or full-time,
who is one of the following:
A.
Member of the Township Council and Mayor.
C.
Director, Department of Public Works.
J.
Township Planning Consultant.
N.
Township Public Defender.
Q.
Zoning Board of Adjustment Member.
R.
Zoning Board of Adjustment Attorney.
S.
Local Assistance Board Member.
T.
Director of Public Assistance.
X.
Board of Health Secretary.
Y.
Any other person who is a managerial executive or confidential employee,
as defined in Section 3 of the New Jersey Employer-Employee Relations Act,
N.J.S.A. 34:13a-3, of the Township of Pohatcong or of an agency created under
the authority of or appointed by the Township of Pohatcong.
OFFICER or EMPLOYEE
An officer or employee of the Township of Pohatcong or of an agency
under the authority of or appointed by the Township of Pohatcong.
Officers and employees of the Township of Pohatcong shall comply with
the following provisions:
A. No officer or employee of the Township of Pohatcong 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 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 imperil 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, load, 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 for 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, 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 township in connection with any cause, proceeding, application or
other matter pending before any agency of the Township of Pohatcong. 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 defendant 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. Nothing shall prohibit any officer or employee of the
Township of Pohatcong, 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 officer or employee elected or appointed in the township
shall, without receiving formal written authorization from the appropriate
person or body, disclose any confidential information concerning any other
or employee or any other person or any property or governmental affairs of
the township.
L. Approve or disapprove or in any way recommend the payment
of any bill, voucher or indebtedness owed or allegedly owed by the township
in which he has a direct or indirect personal pecuniary or private interest.
M. No officer or employee elected or appointed in the township
shall request, use or permit the use of any public property, vehicle, equipment,
labor or service for personal convenience of 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 are provided as a matter
of stated public policy for the use of officials and employees in the conduct
of official business.