Borough of Hasbrouck Heights, NJ Chapter 17 Conflicts of Interest

[HISTORY: Adopted by the Mayor and Council of the Borough of Hasbrouck Heights 2-12-1974 by Ord. No. 1028. Amendments noted where applicable.]

GENERAL REFERENCES

Officers and employees — See Ch. 45.

§ 17-1 Conflicts of interest prohibited.

No officer or employee of the Borough of Hasbrouck Heights shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity which is in substantial conflict with the proper discharge of his duties in the public interest, except in accordance with the terms of this chapter.

§ 17-2 Disclosure; adoption of resolution.

Any officer or employee of the Borough having, directly or indirectly, any private financial interest or right to a financial profit arising from any sale to, contract of any kind or character or compensation for any professional engagement with the Borough shall forthwith, before the consummation of such sale, contract or engagement, advise the governing body, in writing, of such financial interest or profit, whereupon the governing body may, at its next regular public meeting, by a two-thirds vote of the entire membership of the Council, adopt a resolution reciting in detail the interest of said officer or employee and determining that no better price was obtainable by the Borough and that, despite such financial interest existing in said officer or employee, said purchase or contract, in the judgment of the governing body, should be proceeded with by the Borough. In case of actual emergency, said resolution may be adopted at a special meeting of the Borough Council by a five-sixths vote of the entire Council, which resolution may determine that no other or better bid was obtainable or otherwise set up the facts to establish such emergency. In case the person with the interest in said purchase or contract shall be a member of the governing body, the two-thirds or five-sixths vote of the Council shall be without the vote of such person. In case the person with interest in the purchase or contract shall be the Mayor, said resolution shall require the approval of the President of the Council in place of the Mayor, in addition to the two-thirds or five-sixths vote.

§ 17-3 Vote abstention by incumbents.

Nothing contained in this chapter shall be deemed to prevent the incumbent of any office from abstaining from voting in any matter in which he believes he has a conflict of duty or interest nor to prevent a challenge of a right to vote on that account under the principles of the common law or any statute.

§ 17-4 Violations and penalties.

[Amended 5-29-1990 by Ord. No. 1538]

Any person, firm or corporation who shall violate any provision of this chapter shall be subject, upon conviction, to one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners for a term not exceeding 90 days or a fine not exceeding $1,000 or a period of community service not exceeding 90 days, as may be determined by the Judge.