This chapter shall be known and may be cited as the "Evesham Township
Code of Ethics."
The Township Council of the Township of Evesham 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.
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
Evesham, and any independent local authority created by or appointed under
the authority of the Township of Evesham 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 an 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.
F.
Secretary, Township Manager.
K.
Secretary, Planning Board.
L.
Zoning Board of Adjustment member.
Q.
Municipal Public Defender.
R.
Planning and Zoning Board Attorney(s).
T.
Township Planning and Zoning Board Planner(s).
U.
Planning Board engineer(s).
W.
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 Evesham or of an agency created under
the authority of or appointed by the Township of Evesham.
X.
Any other person determined to be an officer of the Township pursuant
to the Local Government Ethics Law or by the Local Finance Board of the Department
of Community Affairs.
OFFICER or EMPLOYEE
An officer or employee of the Township of Evesham or of an agency
under the authority of or appointed by the Township of Evesham.
Officers and employees of the Township of Evesham shall comply with
the following provisions:
A. No officer or employee of the Township of Evesham 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 impair 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, loan, 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 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 of 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 Evesham. 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 defendants
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 Evesham 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 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.
L. 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
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.
M. No candidate for office, appointment or employment, and
no officer, appointee or employee in the Township of Evesham, shall directly
or indirectly give or promise any person any office, position, employment,
benefit or anything of value for the purpose of influencing or obtaining the
political support, aid or vote of any person, under the penalty of being disqualified
to hold the office or employment to which he may be or may have been elected
or appointed.
N. No candidate for office, appointment or employment, and
no officer, appointee, or employee in the Township of Evesham shall solicit
other employees or appointees for purposes of political contributions, political
fundraising, or other nongovernmental purposes during hours in which said
employees are working or on the grounds of the Township municipal building,
recreation fields, or other municipal offices or places of business.
A local government officer or employee 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 provisions of
this chapter or the Local Government Ethics Law. Advisory opinions of the
Board shall not be made public, except when the 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 Board in directing that the opinion be made public so determines.
Signed written complaints alleging violation of this chapter or the
Local Government Ethics Law shall be forwarded to the Local Finance Board
for processing in accordance with the provisions of N.J.S.A. 40A:22.9 and
related sections of the Local Government Ethics Law.