[HISTORY: Adopted by the Township Council of the Township of Mount
Holly 5-13-1991 by Ord. No. 1991-10. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Mount Holly Township
Code of Ethics."
The Township Council of the Township of Mount Holly 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.
Purpose.
(1)
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 Mount Holly shall be clear,
consistent, uniform in their application and enforceable and to provide those
officers or employees with advice and information concerning possible conflicts
of interest which might arise in the conduct of their public duties.
(2)
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.
B.
This chapter is enacted under the authority of the Local
Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq., and
under the further authority granted to the Township of Mount Holly under the
provisions of Titles 40 and 40A of the New Jersey Statutes.
As used in this chapter, the following terms shall have the meanings
indicated:
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the Township of
Mount Holly, and any independent local authority created by or appointed under
the authority of the Township of Mount Holly, which performs functions other
than of a purely advisory nature.
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 Council.
Township Manager.
Township Clerk.
Secretary, Township Manager.
Deputy Township Clerk.
Planning Board member.
Secretary, Planning Board.
Zoning Board of Adjustment member.
Secretary, Zoning Board.
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 Mount Holly or of an agency created
under the authority of or appointed by the Township of Mount Holly.
Any other person determined to be an officer of the Township pursuant
to the Local Government Ethics Law[1] or by the Local Finance Board of the Department of Community Affairs.
An officer or employee of the Township of Mount Holly or of an agency
under the authority of or appointed by the Township of Mount Holly.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
Officers and employees of the Township of Mount Holly shall comply with
the following provisions:
A.
No officer or employee of the Township of Mount Holly
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 Mount Holly. 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 Mount Holly 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
officer or employee or any other person or any property or governmental affairs
of the 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
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
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.
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 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 local
government 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 local government 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 local government 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 local government officer or a member of his or 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 local government officer or a member of his or her
immediate family held an interest during the preceding calendar year.
B.
The form of financial disclosure statement shall be that
promulgated by the New Jersey Local Finance Board, in accordance with the
New Jersey Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.). The
Township Clerk shall make the financial disclosure statement forms available
to all local government officers, as defined in the Local Government Ethics
Law, required to file them.
[Amended 9-27-2004 by Ord. No. 2004-15]
C.
The original statement shall be filed with the Township
Clerk within 90 days after the effective date of this chapter or the effective
date of the New Jersey Local Government Ethics Law, whichever shall first
occur. All subsequent statements shall be filed on or before April 30 of each
year. A copy of the statement shall be filed with the Township Clerk.
[Amended 9-27-2004 by Ord. No. 2004-15]
D.
All financial disclosure statements filed shall be public
records.
[1]
Editor's Note: Editor’s Note: Former § 18-7, Establishment
and membership of and hearings by Ethical Standards Board, was repealed 9-27-2004
by Ord. No. 2005-15.
[1]
Editor’s Note: Former § 18-8, Facilities and staff
of Ethical Standards Board, as amended 6-22-1992 by Ord. No. 1992-5, was repealed
9-27-2004 by Ord. No. 2005-15.
[1]
Editor’s Note: Former § 18-9, Adoption and requirements,
was repealed 9-27-2004 by Ord. No. 2005-15.
[1]
Editor’s Note: Former § 18-10, Powers and duties of
Ethical Standards Board, was repealed 9-27-2004 by Ord. No. 2005-15.
[Amended 9-27-2004 by Ord. No. 2004-15]
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.
[Amended 9-27-2004 by Ord. No. 2004-15]
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.
[Amended 9-27-2004 by Ord. No. 2004-15]
A.
An appointed officer or employee of the Township of Mount
Holly found guilty by Local Finance Board of the violation of any provision
of this chapter or of any Code of Ethics in effect pursuant to this chapter
shall be fined not less than $100 nor more than $500, which penalty may be
collected in a summary proceeding pursuant to the Penalty Enforcement Law,
N.J.S.A. 2A:58-1. The Local Finance Board shall report its findings to the
office or agency having the power of removal or discipline of the appointed
officer or employee and may recommend that further disciplinary action be
taken.
B.
An elected officer or employee of the Township of Mount
Holly found guilty by the Local Finance Board of the violation of any provision
of this chapter or of any Code of Ethics in effect pursuant to this chapter
shall be fined not less than $100 nor more than $500, which penalty may be
collected in a summary proceeding pursuant to the Penalty Enforcement Law
(N.J.S.A. 2A:58-1).[1]
[1]
Editor's Note: Repealed by L. 1999, c. 274. See N.J.S.A. 2A-58-10
et seq., the Penalty Enforcement Law of 1999.
C.
The finding by the Local Finance Board that an appointed
officer or employee of the Township of Mount Holly is guilty of the violation
of the provisions of this chapter or of any Code of Ethics in effect pursuant
to this chapter shall be sufficient cause for his or her removal, suspension,
demotion or other disciplinary action by the officer or agency having the
power of removal or discipline. When a person who is in the career service
is found to have violated the provisions of this chapter or any Code of Ethics
in effect pursuant to this chapter, the procedure leading to removal, suspension,
demotion or other disciplinary action shall be governed by any applicable
procedures of Title 11A of the New Jersey Statutes and the rules promulgated
pursuant thereof.
[Amended 9-27-2004 by Ord. No. 2004-15]
All statements, complaints, requests or other written materials filed
with the former Mount Holly Ethical Standards Board pursuant to this chapter
and any rulings, opinions, judgments, transcripts or other official papers
prepared pursuant to this chapter by the former Mount Holly Ethical Standards
Board shall be preserved in the office of the Township Clerk for a period
of five years form the date of filing or preparation or the date of this amendment,
whichever is earlier.
