[Added 12-28-1978 by Ord. No. 78-24]
The terms used in this Article are hereby defined
as follows:
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit (other than the duly authorized
salary or compensation for his services to the municipality) to the
official or employee or to any person employing or retaining the services
of the official or employee.
Mount Laurel Township.
Any person elected or appointed to or employed or retained
by any public office or public body of the municipality, whether paid
or unpaid and whether part-time or full-time.
Any person, firm, association, group, partnership or corporation
or any combination thereof.
Any interest arising from blood or marriage relationships
or from close business or political association, whether or not any
financial interest is involved.
Any agency, board, body, commission, committee, department
or office of the municipality.
A.
Impartiality. No official or employee shall request,
use or permit the use of any consideration, treatment, advantage or
favor beyond that which it is the general practice to grant or make
available to the public at large.
B.
Use of public property. No official or employee shall
request, use or permit the use of any publicly supported property,
vehicle, equipment, material, labor or service for the personal convenience
or the private advantage of himself or of any other person. This rule
shall not be deemed to prohibit an official or employee from requesting,
using or permitting the use of such publicly owned or publicly supplied
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 stated policy for the use of officials
and employees in the conduct of official business.
A.
Financial or personal interest. No official or employee,
either on his own behalf or on behalf of any other person, shall have
any financial or personal interest in any business or transaction
with any public body in the municipality unless he shall first make
full public disclosure of the nature and extent of such interest.
B.
Disclosure and disqualification. Whenever the performance
of his official duties shall require any official or employee to deliberate
and vote on any matter involving his financial or personal interest,
he shall publicly disclose the nature and general extent of such interest
and disqualify himself from participating in the deliberations as
well as in the voting.
C.
Incompatible employment. No official or employee shall
engage in private employment with or render services for any private
person who has business transactions with any public body of the municipality
unless he shall first make full public disclosure of the nature and
extent of such employment or services.
D.
Representation of private persons. No official or
employee shall appear on behalf of any private person, other than
himself, before any public body in the municipality.
E.
Gifts and favors. No official or employee shall accept
any gift, whether in the form of money, thing, favor, loan or promise,
that would not be offered or given to him if he were not an official
or employee.
F.
Confidential information. No official or employee,
without prior formal authorization of the public body having jurisdiction,
shall disclose any confidential information concerning any other employee
or any other person or any property or governmental affairs of the
municipality. Whether or not it shall involve disclosure, no official
or employee shall use or permit the use of any such confidential information
to advance the financial or personal interest of himself or any other
person.
A.
Organization. There is hereby created and established
a Board of Ethics consisting of three persons, who shall hold no other
office or employment under the municipality. At least one of said
members shall be an attorney at law of the State of New Jersey, and
said member may but shall not be required to be a resident of the
municipality. All other members shall be residents.
(1)
The members shall be appointed by the Mayor of the
municipality, subject to confirmation by a majority of the whole number
of the governing body. They shall serve a term of three years; provided,
however, that those first appointed hereunder shall have terms expiring
one, two and three years, respectively, from the date of commencement
of their terms. Vacancies shall be filled for the unexpired terms.
(2)
The members shall elect a Chairman annually. The Board
shall adopt rules for the conduct of the Board's business. The Board
shall have the power to employ stenographic and clerical help.
B.
Advisory opinions. Upon written request of the officer
or employee concerned, the Board shall render written advisory opinions
based upon the provisions of this Code of Ethics. The Board shall
file its advisory opinions with the Municipal Clerk but may delete
the name of the officer or employee involved.
C.
Hearings and determinations. Upon sworn complaint
of any person alleging facts which, if true, would constitute improper
conduct under the provisions of this code, the Board shall conduct
a public hearing in accordance with all of the requirements of due
process of law and, in written findings of fact and conclusions based
thereon, make a determination concerning the propriety of the conduct
of the official or employee complained of.
In the event that the Board of Ethics shall, under the provisions of § 4-86 above, make a determination that the conduct of any official or employee was improper, the governing body, based upon the written findings, conclusions and determination of the Board of Ethics, may institute appropriate action for censure, suspension or removal from office of said official or employee.
[Added 8-1-2005 by Ord. No. 2005-15]
A.
The provisions of the New Jersey Local Government
Ethics Law found at N.J.S.A. 40A:9-22.1 et seq. are incorporated herein
by reference as if set forth at length.
B.
To fairly adjudicate any purported or actual violation
of either the Mount Laurel Code of Ethics or the New Jersey State
Local Government Ethics Law, the Township hereby determines that any
such purported violation shall be referred to the Local Finance Board
in the Division of Local Government Services in the Department of
Community Affairs of the State of New Jersey pursuant to the provisions
of N.J.S.A. 40A:9-22.1 et seq. and resolved in said Local Finance
Board.
C.
Dual office holding policy.
(1)
It is hereby determined to be the policy of the Township
Council of the Township of Mount Laurel that no member of the Township
governing body of the Township of Mount Laurel shall serve as a Township
Councilperson in the event that such Councilperson shall stand for
and be elected to either the Burlington County Board of Chosen Freeholders
or a seat within the New Jersey Legislature.
(2)
In the event that a Mount Laurel Township Councilperson
stands for and wins election to a county or state elective position,
it is the policy of the Township of Mount Laurel that said Councilperson
shall not stand for re-election to the Township Council if the person
is still serving as either a County Freeholder or a State Legislator.
(3)
In the event of an election to the Burlington County
Board of Chosen Freeholders or to a State Legislative position, the
Township Councilperson shall surrender his/her current seat on the
Mount Laurel Township Council no later than the end of the calendar
year in which such Councilperson has been elected to a superior office.
[Added 8-1-2005 by Ord. No. 2005-16]
A.
Prohibition of solicitation or acceptance of gifts.
No elected official, department head, or employee of the Township
of Mount Laurel, member of his/her immediate family, or business organization
in which such official, department head or employee has an interest,
shall accept or solicit any gift, favor, loan, service, promise of
future employment or any other thing of value from any person or entity
which has a municipal contract or the elected official, department
bead or employee has reason to believe may be awarded a contract,
whether awarded through a bid process or otherwise, with the Township
of Mount Laurel. Excluded from this provision are the following:
(1)
Gifts accepted on behalf of the Township and transferred
immediately to the Township for its perpetual use, possession, and/or
display;
(2)
Nonmonetary awards presented in recognition of public
service; and
(3)
Gifts conferred on account of kinship if these gifts
are otherwise legally permissible and are not bartered for another
benefit to influence the performance of an official duty by the elected
official, department head, or employee.
B.
Prohibition of acceptance of honoraria. No elected
official, department head, or employee of the Township of Mount Laurel
shall accept any compensation, honorarium, or gift from any person
or entity in consideration of an appearance, speech, or article unless
the appearance, speech, or article is wholly unrelated to the elected
official's, department head's, or employee's service to the Township
of Mount Laurel.
C.
Prohibition on offering of honoraria. No person or
entity, business entity, professional corporation, professional association
or professional partnership shall offer any compensation, honorarium,
or gift of tickets to any venue of entertainment or to sporting events.
D.
These policies shall be incorporated as part of the existing Township Ethics Policy at § 4-87.2 of the Township Code.
E.
Any person who accepts such prohibited gift or honoraria
as set forth herein shall be subject to discipline, including a fine
in the amount of $500 for each such violation and/or suspension or
removal.
F.
Any person who offers a prohibited gift or honoraria
as set forth herein shall be subject to a fine of $500 and shall be
precluded from participation in any process by which the Township
of Mount Laurel awards professional contracts or contracts for enumerated
unspecifiable services or other types of contracts for a period of
24 months after such finding of violation.
No elected official, department head, or employee
of the Township of Mount Laurel shall use or permit the use of any
Township property, equipment, or personnel for the private use of
any person or entity, unless:
[Added 8-1-2005 by Ord. No. 2005-18;
amended 6-25-2018 by Ord. No. 2018-14]
A.
Elected officials, Township Manager, or department heads. Any person
who is a relative of an elected official, Township Manager, or department
head shall not be appointed, hired, employed or permitted to work
for the Township of Mount Laurel in any position.
B.
Existing employees. If any existing employees begin to date, they
must comply with Employee Handbook section, Employee Dating Policy.
No supervisor shall date an employee within their department. No supervisor
shall supervise any relative. It is the responsibility of the elected
official, Township Manager, or department head to immediately disclose
any circumstances which may constitute a violation of this policy.
C.
Definitions.
(1)
For purposes of this section, the term "relative" shall mean a parent,
spouse, child, sibling, grandparent, grandchild, aunt, uncle, niece,
nephew, first or second cousin, in-law or step-relative, domestic
partner, cohabitant, or a person with whom a significant committed
relationship exists.
[Added 8-1-2005 by Ord. No. 2005-19]
A.
All contracts for professional services and for services
defined in the law as extraordinary and unspecifiable services shall
be entered into when necessary or appropriate by the Township of Mount
Laurel, and such contracts will only be awarded after a competitive,
quality-based, fair and open process. A competitive, quality-based,
fair and open process shall require, at a minimum, that any necessary
or appropriate professional service contract or contract for extraordinary
unspecifiable services be:
(1)
Publicly advertised in newspapers in sufficient time
to give notice in advance of the contract;
(2)
Awarded under a process that provides for public solicitation
of proposals and/or qualifications;
(3)
Awarded and disclosed under criteria established in
writing by the Township of Mount Laurel prior to the solicitation
of proposals or qualifications;
(4)
Publicly opened; and
(5)
Announced when awarded.
B.
Nothing contained in this section shall be construed
as prohibiting the award of a professional services contract when
an emergency exists requiring the immediate performance of services,
with such award being made in accordance with the rules of the Township
and the New Jersey Local Public Contracts Law.
C.
The Township Manager and the Township Solicitor are
directed and authorized to take all action necessary to prepare and
arrange for the implementation of policies and procedures in accordance
with this section.
[Added 2-1-2022]
A.
Prohibition
on awarding public contracts to certain contributors.
(1)
To
the extent that it is not inconsistent with state or federal law,
the Township of Mount Laurel and any of its purchasing agents or departments
or instrumentalities of the municipality thereof, as the case may
be, shall not enter into any agreement or otherwise contract to procure
services from any professional business entity, including those awarded
pursuant to any process including a fair and open process, if such
professional business entity has solicited or made any contribution
of money, or pledge of a contribution, including in-kind contributions,
to:
(2)
No
professional business entity or vendor who submits a proposal for,
enters into negotiations for, or agrees to any professional service
contract or contract or agreement in excess of $17,500 (including
nonemergency contracts awarded by N.J.S.A. 40A:11 et seq. or the "Fair
and Open" Process pursuant to N.J.S.A. 19:44A-20 et seq.) with the
Municipality or any departments thereof, for the rendition of professional
services, or goods and services, as the case may be, shall knowingly
solicit or make any contribution of money, pledge of contribution,
including in-kind contributions, to:
(a)
Any Municipality candidate or holder of public office having ultimate
responsibility for the award of a contract; or
(b)
To any (Municipal) or County of Burlington party committee; or
(c)
To any PAC that regularly engages in the support of municipal or
county elections and/or municipal or county parties, between the time
of first communication between that professional business entity or
vendor and the municipality regarding a specific professional services
agreement or goods and services agreement, as the case may be, and
the later of the termination of negotiations or rejection of any proposal,
or the completion of the contract or agreement.
(3)
For
purposes of this section, a "professional business entity" and a "vendor"
seeking a public contract mean an individual including the individual's
spouse, if any, and any child living at home; person; firm; corporation;
professional corporation; partnership; organization; or association.
The definition of a business entity and vendor includes all principals
who own 10% or more of the equity in the corporation or business trust,
partners, and officers in the aggregate employed by the entity or
vendor, as well as any subsidiaries directly controlled by the business
entity or vendor.
(4)
Any individual meeting the definition of "professional business entity" or "vendor" under this section may annually contribute a maximum of $300 each for any purpose to any candidate, for Mayor or Council, or $300 to the Township of Mount Laurel party or $500 to the County of Burlington party committee or to a PAC referenced in this ordinance, without violating Subsection A(1) of this section. However, any group of individuals meeting the definition of "professional business entity" or "vendor" under this section, including such principals, partners, and officers of the entity or vendor in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Township of Mount Laurel candidates and officeholders with ultimate responsibility for the award of the contract, and all Township of Mount Laurel or County of Burlington political parties and PACs referenced in this ordinance combined, without violating Subsection A(1) of this section.
(5)
For
purposes of this section, the office that is considered to have ultimate
responsibility for the award of the contract shall be:
(a)
The Township of Mount Laurel. Mayor or Council, if the contract requires
approval or appropriation from the Mayor or Council.
(b)
The Mayor of the Township of Mount Laurel, if the contract requires
approval of the Mayor, or if a public officer who is responsible for
the award of a contract is appointed by the Mayor.
B.
Contributions
made prior to the effective date.
(1)
No
contribution of money or any other thing of value, including in-kind
contributions, made by a professional business entity or vendor to
any Township of Mount Laurel candidate for Mayor or Council, or Township
of Mount Laurel or County of Burlington party committee or PAC referenced
in this section shall be deemed a violation of this section, nor shall
an agreement for property, goods, or services, of any kind whatsoever,
be disqualified thereby, if that contribution was made by the professional
business entity or vendor prior to the effective date of this section.
C.
Contribution
statement by professional business entity and vendor.
(1)
Prior to awarding any contract or agreement to procure services with any professional business entity and any contract or agreement to procure goods and services from a vendor, the Township of Mount Laurel or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity or vendor, made under penalty of perjury, that the bidder or offeror has not made a contribution in violation of Subsection A of this section.
(2)
The
professional business entity and vendor shall have a continuing duty
to report any violations of this section that may occur during the
negotiation, proposal process or duration of a contract. The certification
required under this subsection shall be made prior to entry into the
contract or agreement with the Township of Mount Laurel, or prior
to the provision of services or goods, as the case may be, and shall
he in addition to any other certifications that may be required by
any other provision of law.
D.
Return
of excess contributions.
(1)
A professional business entity, vendor, or municipal candidate or officeholder, or Township of Mount Laurel or County of Burlington party committee or PAC referenced in this section, may cure a violation of Subsection A of this section, if, within 30 days after the date on which the applicable ELEC Report is published, the professional business entity or vendor notifies the municipality in writing and seeks and receives reimbursement of the contribution from the relevant municipal candidate or officeholder, Township of Mount Laurel or County of Burlington political party or PAC referenced in this section.
E.
Exemptions. The contribution limitations prior to entering into a contract in Subsection A do not apply to contracts which are required by law to be awarded to the lowest bidder.
F.
Penalty.
(1)
It
shall be a breach of the terms of the Township of Mount Laurel professional
service agreement or agreement for goods or services for a business
entity to:
(a)
Make or solicit a contribution in violation of this section;
(b)
Knowingly conceal or misrepresent a contribution given or received;
(c)
Make or solicit contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
(d)
Make or solicit any contribution on the condition or with the agreement
that it will be contributed to a campaign committee of any candidate
or holder of the public office of Township of Mount Laurel;
(e)
Engage or employ a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution,
which if made or solicited by the business entity itself, would subject
that entity to the restrictions of this section;
(f)
Fund contributions made by third parties, including consultants,
attorneys, family members, and employees;
(g)
Engage in any exchange of contributions to circumvent the intent
of this section; or
(h)
Directly or indirectly, through or by any other person or means,
do any act which would subject that entity to the restrictions of
this section.
