All officials and employees, both elected and appointed, of the borough
occupy positions of public trust and shall discharge their duties in the sole
interest of the public for whom they act and to whom they are accountable;
and the public judges its government by the manner in which such public officials
and employees conduct themselves. The public has a right to expect every such
official and employee to act in a manner that will enhance and promote public
confidence in and respect for the government, which confidence and respect
is a cornerstone of a democratic society; and the Borough Council believes
that one way in which these goals can be advanced is by the adoption of a
Code of Ethics to establish standards of conduct for all officials and employees
of the Borough of Fair Lawn.
As used in this chapter, the following terms shall have the meanings
indicated:
BUSINESS ORGANIZATION
Any corporation, partnership, firm, enterprise, franchise, association,
trust, sole proprietorship, union or other legal entity.
GOVERNING BODY
The commission, council, board or body, by whatever name it may known,
having charge of the finances of the municipality.
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.
LOCAL GOVERNMENT AGENCY
Any agency, board, governing body, including the chief executive
officer, bureau, division, office, commission or other instrumentality within
the municipality, and any independent local authority; including any entity
created by the municipality, which performs functions other than of a purely
advisory nature, but shall not include a school board.
LOCAL GOVERNMENT EMPLOYEE
Any person, whether compensated or not, whether part-time or full-time,
employed by or serving on a local government agency who is not a local government
officer, but shall not mean any employee of a school district.
LOCAL GOVERNMENT OFFICER
Any person, whether compensated or not, whether part-time or full-time,
elected to any office of a local government agency; serving on a local government
agency which has the authority to enact ordinances, approve development applications
or grant zoning variances; who is a member of an independent or semiautonomous
municipal agency; or who is a managerial executive or confidential employee
of a local government agency, 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.
MEMBER OF IMMEDIATE FAMILY
The spouse or dependent child of a local government officer or employee
residing in the same household.
The Board of Ethics is established as provided in Chapter
2 of the Code.
A local government officer or employee serving the municipality may
request and obtain from the Municipal Ethics Board an advisory opinion as
to whether any proposed activity or conduct would in its opinion constitute
a violation of the Municipal Code of Ethics or any financial disclosure requirements.
Advisory opinions of the Municipal Ethics Board shall not be made public,
except when the Ethics Board by the vote of 2/3 of all of its members directs
that the opinion be made public. Public advisory opinions shall not disclose
the name of the local government officer or employee unless the Ethics Board
in directing that the opinion be made public so determines.
All hearings required pursuant to this chapter shall be conducted in
conformity with the rules and procedures, insofar as they may be applicable,
provided for hearings by a state agency in contested cases under the Administrative
Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).
All statements, complaints, requests or other written materials filed
pursuant to this chapter and any rulings, opinions, judgments, transcripts
or other official papers prepared pursuant to this chapter shall be preserved
for a period of at least five years from the date of filing or preparation,
as the case may be.