[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 6-17-1991 as part of Ord. No. 1991-5. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Lumberton Township Code of Ethics."
The governing body of this Township 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 public 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 Township of Lumberton
shall be clear, consistent, uniform in their application and enforceable
and to provide those officers and employees with advice and information
concerning possible conflicts of interests which arise in the conduct
of their public duties.
C.
This chapter is enacted under the authority of the
Local Government Ethics Law and under the further authority granted
to the Township under the provisions of Titles 40 and 40A of the New
Jersey Statutes Annotated, or any amendments or supplements thereto.
As used in this chapter, the following terms
shall have the meanings indicated:
The Local Government Ethics Law (P.L. 1991, c. 29),[1] or any amendments or supplements thereto.
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the Township,
and any independent local authority created by or appointed under
the authority of the Township, which performs functions other than
of a purely advisory nature.
The New Jersey State Ethics Board which is created pursuant
to P.L. 1991, c. 29.[2]
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving on an agency who is not a local
government officer.
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.
The spouse or dependent child of an officer or employee residing
in the same household.
Any person, whether compensated or not, whether part-time
or full-time, who is one of the following:
Member of the Township Committee.
Township Clerk/Administrator.
Deputy Township Clerk.
Chief Financial Officer.
Tax Assessor.
Tax Collector.
Director of Public Works.
[Amended 4-5-2004 by Ord. No. 2004-11]
Chief of Police.
Lieutenant of Police.
Construction Code Official.
Zoning Officer.
Township Solicitor.
Township Engineer.
Township Planning Consultant.
Township Auditor.
Municipal Judge.
Municipal Court Clerk.
Township Prosecutor.
Township Public Defender.
Member of Township Land Development Board.
[Amended 1-20-2004 by Ord. No. 2004-1]
Land Development Board Solicitor.
[Amended 1-20-2004 by Ord. No. 2004-1]
Director of Public Assistance.
(Reserved)[3]
Any other person who is a managerial executive
or confidential employee, as defined in the New Jersey Employer-Employee
Relations Act (N.J.S.A. 34:13A-3 or any amendments or supplements
thereto), of this Township or of any agency created under the authority
of or appointed by this Township.
An officer or employee of the Township of Lumberton or of
an agency under the authority of or appointed by this Township.
The Township of Lumberton, in the County of Burlington and
State of New Jersey.
Officers and employees of the Township shall
comply with the following provisions:
A.
No officer or employee of the Township or member of
his/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/her duties
in the public interest.
B.
No officer or employee shall use or attempt to use
his/her official position to secure unwarranted privileges or advantages
for himself/herself or others.
C.
No officer or employee shall act in his/her official
capacity in any matter where he/she, a member of his/her immediate
family or any business organization in which he/she has an interest
has a direct or indirect financial or personal involvement that might
reasonably be expected to impair his/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/her independence of judgment in the exercise
of his/her official duties.
E.
No officer or employee, member of his/her immediate
family or any business organization in which he/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, loan, contribution, service, promise
or other thing of value was given or offered for the purpose of influencing
him/her, directly or indirectly, in the discharge of his/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/her official duties.
F.
No officer or employee shall use or allow to be used
his/her public office or employment or any information not generally
available to the members of the public which he/she receives or acquires
in the course of and by reason of his/her office or employment for
the purpose of securing financial gain for himself/herself, any member
of his/her immediate family or any business organization with which
he/she is associated.
G.
No officer or employee of any business organization
in which he/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.
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 responsibility, nor
shall this provision be applicable to the Township's Public Defender
with respect to representation of defendants in the Municipal Court.
H.
No officer shall be deemed in conflict with these
provisions if, by reason of his/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/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/her immediate family, whether directly
or indirectly, in return therefor.
J.
Nothing shall prohibit any officer or employee of
the Township or members of his/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 officer or employee or any other person or any
property or governmental affairs of this Township.
L.
No officer or employee elected or appointed in the
Township shall 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/she 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 or the
private advantage of himself/herself or any other person. This prohibition
shall not be deemed to prohibit an officer 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 is provided as a matter
of state or public policy for the use of officials and employees in
the conduct of Township business.
A.
Officers of the Township 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 member of his/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/her immediate
family has an interest in the business organization.
(2)
Each source of fees from honoraria 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/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/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/her immediate family had an
interest during the preceding calendar year.
(5)
The address and brief description of all real property
in the state in which the officer or a member of his/her immediate
family held an interest during the preceding calendar year.
B.
Financial disclosure statements shall be filed in the manner and
time frame established by state law and rules promulgated to implement
these state laws.
[Amended 8-25-2015 by Ord. No. 2015-7-011]
D.
All financial disclosure statements filed in compliance
with this chapter and general law shall be public records.
E.
By accepting employment with the Township of Lumberton,
all employees who are required under this section and under the statute[2] giving rise to this section, to file these financial disclosure
statements understand and agree that the filing of said forms is a
continuing condition to their employment. Although they may be hired
before the forms are filed, they must comply in order to maintain
their employment. Any employee who fails to meet the filing requirements
of this section shall be deemed to have violated the provisions of
this section, and shall be given one month to cure said violation;
if the violation is not cured within that time frame, the violation
shall constitute cause for that employee's forfeiture of his or her
employment and consequent removal from employment. Filing of the form
following notice of forfeiture shall not be a defense to dismissal.
[Added 8-16-1999 by Ord. No. 1999-13; amended 8-25-2015 by Ord. No.
2015-7-011]
[2]
Editor's Note: See N.J.S.A. 40A:9-22.1 et
seq.
F.
Any official or officer appointed to any board, body,
agency or other appointment (professional or otherwise) who is required
by the terms of this section to file a financial disclosure statement
understands and agrees that his or her appointment to said board,
body, commission or employment is conditioned upon his or her continued
compliance with the requirements of this section. Failure to file
the financial disclosure statements within the time set forth above,
or within the one month grace period following said time frame, shall
constitute cause for that appointee's forfeiture of his/her position
and consequent removal of said individual from his or her employment/appointment.
Filing of the forms following notice of forfeiture shall not be a
defense to removal.
[Added 8-16-1999 by Ord. No. 1999-13]
[Amended 8-25-2015 by Ord. No. 2015-7-011[1]]
In 2015 the Township Committee eliminated the Local Ethics Board
and transferred those powers back to the State Ethics Board. Any documents
pertaining to local board, which may have existed in 2015 and which
are not protected by any other document destruction schedule, shall
be destroyed pursuant to proper destruction guidelines no sooner than
September 30, 2020.
[1]
Editor's Note: This ordinance also repealed former §
14-7, Ethical Standards Board.
A.
Purpose.
It is the purpose of this standard to ensure that the employees of
Lumberton Township are focused primarily on the Township and preclude
conflicts of interests between any other political/government office
and an employee’s position within the Township.
B.
Scope. This
standard applies to all employees considering, as well as to those
employees who are already serving in a full-time, part-time or per
diem secondary or outside employment positions in Lumberton Township.
C.
CONFLICT OF INTEREST
ELECTED OFFICE
REGULAR EMPLOYEES
Definitions.
As used in this section, the following words have the following meanings:
Occurs when an employee is in a position to influence a Township
decision that may result in personal gain for the employee or an immediate
relative, including a spouse or significant other, child, parent,
stepchild, sibling, grandparents, daughter-in-law, son-in-law, grandchildren,
niece, nephew, uncle, aunt, or any other person residing in the employee’s
household. Individuals seeking secondary or outside employment must
comply with the Code of Ethics set forth herein.
The appointment or election to a governing body in another
municipality, county commissioner or constitutional officer, a member
of the New Jersey Legislature, the office of governor or federally
elected position.
Any full-time or part-time employees of the Township.
D.
Conditions.
(1)
Employment
with the Township of Lumberton must take precedence over an employee’s
pursuit of, or responsibilities of holding, elected office in another
municipality or jurisdiction. At all times, exempt and regular employees
must act in the best interests of the Township and must avoid conduct
and relationships that could cause, or appear to cause, a conflict
of interest with their roles in the Township. Employees must keep
in mind that their primary responsibility is to the Township.
(2)
Employees,
who engage in outside positions as elected or appointed officials
in another jurisdiction, are restricted from participating in the
following political and/or governmental activities as they relate
to said position or their employment within the Township:
(a)
Engaging
in any activity or putting themselves in the position that could create
a conflict of interest between the interests of the Township and an
employee’s elected or appointed office, or an employee’s
seeking of such elected or appointed office, in another jurisdiction.
(b)
Engaging
in any arm’s length discussions or negotiations on existing
or potential agreements, or other matters that involve issues of public
policy between the Township and the jurisdiction or entity for which
the employee serves in elected or appointed office.
(c)
An
employee may run for political office but if the employee’s
performance is negatively impacted by actions to seek elected office,
he or she shall be ordered to stop the interfering political activity
or to resign. If the employee fails to adhere to the order, the Township
shall commence disciplinary action to remove the employee.
(3)
Employees
shall not engage in any political activity that creates a conflict
of interest with their Township employment or that creates a reasonably
justifiable impression that such a conflict of interest may exist.
(4)
It shall
not be considered a violation of this chapter if an employee recuses
from any matter or activity that creates a conflict of interest with
their Township employment or that creates a reasonably justifiable
impression that such a conflict of interest may exist.
[1]
Editor's Note: This ordinance also repealed former §§ 14-8,
Facilities and staff; 14-9, Adoption of Code; 14-10, Powers of Ethical
Standards Board; 14-11, Advisory opinions; 14-12, Complaint procedure;
and 14-13, Violations and penalties (penalties exist and are enforceable
through state law).
