This chapter shall be known and may be cited
as the "Borough of Totowa Code of Ethics."
The Borough Council 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.
[Added 4-26-2016 by Ord.
No. 06-2016]
The Local Government Ethics Law, N.J.S.A. 40A:9-22.1, et seq.,
as amended and supplemented, is hereby adopted by reference and incorporated
herein, as though the entire provisions of said law were set forth
verbatim and at length herein.
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 Borough
of Totowa and any independent local authority created by or appointed
under the authority of the Borough of Totowa 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 nonprofit entity or labor union.
[Amended 10-26-2010 by Ord. No. 12-2010]
OFFICER
Any person, whether compensated or not, whether part-time
or full-time, who is one of the following:
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Mayor
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Member of the Borough Council
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Borough Clerk
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Deputy Borough Clerk
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Construction Code Official and/or Zoning Officer
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Superintendent of Public Works
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Superintendent of Sewers
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Water Registrar
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Director, Department of Recreation
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Chief of Police
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Captain, Police Department
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Fire Chief
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Tax Assessor
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Tax Collector
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Treasurer, Chief Financial Officer
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Borough Attorney
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Borough Engineer
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Borough Planning Consultant
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Borough Auditor
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Municipal Judge
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Borough Prosecutor
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Borough Public Defender
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Planning Board member
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Planning Board Attorney
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Zoning Board of Adjustment member
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Zoning Board of Adjustment Attorney
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Local Assistance Board member
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Director of Public Assistance
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Pool Commission member
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Member, Totowa Board of Health
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Totowa Board of Health Attorney
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Board of Fire Commissioners member
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Board of Fire Commissioners Attorney
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Library Board of Trustees member
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Director, Borough of Totowa Library
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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 Borough
of Totowa or of an agency created under the authority of or appointed
by the Borough of Totowa.
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OFFICER or EMPLOYEE
An officer or employee of the Borough of Totowa or of an
agency under the authority or appointed by the Borough of Totowa.
Officers and employees of the Borough of Totowa
shall comply with the following provisions:
A. No officer or employee of the Borough of Totowa 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 or employment,
for the purpose of securing financial gain for himself, any members
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 Borough in connection with any cause, proceeding, application
or other matter pending before any agency of the Borough of Totowa.
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 Borough Public Defender
with respect to representation of defendants in the Municipal Court.
[Amended 10-26-2010 by Ord. No. 12-2010]
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 Borough of Totowa, 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
Borough 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 Borough.
L. No officer or employee shall approve or disapprove
or in any way recommend the payment of any bill or indebtedness owed
or allegedly owed by the Borough in which he has a direct or indirect
personal, pecuniary or private interest.
M. No officer or employee elected or appointed in the
Borough shall request, use or permit the use of any public property,
vehicle, equipment, labor or services 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.
[Amended 4-26-2016 by Ord. No. 06-2016]
The Local Finance Board in the Division of Local Government
Services in the New Jersey Department of Community Affairs shall have
jurisdiction to govern and guide the conduct of local government officers
and employees regarding violations of this chapter.