[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood 11-13-1974 by Ord. No. 660R; amended in its entirety 12-28-1999 by Ord. No.
99-25R. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Political fund-raising on borough property — See Ch. 217.
Personnel policies — See Ch.
A395.
A.
The public judges its government by the way public
officials and employees conduct themselves in the positions to which
they were elected, appointed or employed. Each person is expected
to discharge his/her duties in recognition of that public trust, furthering
public confidence in and respect for the government he/she represents.
B.
To promote that confidence and to achieve respect
for such officials and employees, it is determined that the establishment
of a set of guidelines and procedures will be of benefit to the Borough
in the conduct of its government and to all of the citizens of the
Borough.
C.
The Borough's Code of Ethics promulgated hereunder
shall include the provisions of N.J.S.A. 40A:9-22.5, the Local Government
Ethics Law, and the provisions contained in the Borough Code hereafter,
which provisions are intended to be more restrictive where applicable
than the Local Government Ethics Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et
seq.
A.
FINANCIAL INTEREST
OFFICER or EMPLOYEE
PERSON
PERSONAL INTEREST
The terms used in this chapter 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 services to the Borough) to the officer
or employee or to any person employing or retaining the services of
the officer or employee.
Any person elected to public office, appointed representatives
of the Borough and any person employed on a full-time, part-time or
contract basis by the Borough, whether paid or unpaid, including all
members of boards, authorities and commissions, as the same may be
established by statute, ordinance or resolution, except as may be
otherwise specifically provided for by the statutes of the State of
New Jersey. No person shall be deemed to be an officer or employee
of the Borough solely by reason of the fact that said person is a
volunteer fireman, civil defense volunteer or rescue squad volunteer.
It is recognized, however, that certain volunteers may be subject
to the provisions of this Chapter by virtue of their election, appointment
or employment to another Borough position or by virtue of the fact
that their positions authorize them to expend or obligate public funds
in their voluntary capacity.
Any person, firm, association, group, partnership or corporation,
or any combination thereof.
Any interest arising from the relationship of blood (to the
second degree of kinship) or marriage, or close business or personal
association, whether or not any financial interest is involved.
A.
No officer or employee, either on his/her own behalf
or on behalf of any other person, shall have any financial or personal
interest in any business or transaction with or for the Borough of
Fanwood unless he/she shall first make written full public disclosure
thereof.
B.
Whenever the performance of his/her official duties
shall require any officer or employee to deliberate and vote on any
matter involving his/her financial or personal interest, he/she shall
publicly disclose the nature and extent of such interest and disqualify
himself/herself from participating in the deliberation as well as
in the voting, unless otherwise permitted by law to so act, as stated
in an opinion of the Borough Attorney.
C.
No officer or employee shall engage in private employment
with, or render services for, any person who has any business or transaction
with the Borough of Fanwood unless he/she shall first make written
full public disclosure of the nature and extent of such employment
or services.
D.
No officer or employee shall accept any gift, whether
in the form of money, thing, favor, service, loan or promise, which
would not be offered or given to him/her if he/she were not an officer
or employee.
E.
No officer or employee shall, without prior authorization,
publicly disclose any confidential information concerning any other
officer or employee, or any other person, or any property or governmental
affairs of the Borough of Fanwood; and no officer or employee shall
use or permit the use of any such confidential information to advance
the financial or personal interest of himself or herself or any other
person.
F.
Exclusion.
[Added 12-19-2022 by Ord. No. 22-16-R]
(1)
It shall be prohibited for any elected official, department head
or deputy of any department, chairperson, vice chairperson, president
or vice president of any board or commission to be involved in the
supervision of, or decisionmaking process for the hiring, appointing,
promoting or disciplining of any parent, child, spouse or sibling
employed or appointed to serve on behalf of the Borough of Fanwood
and shall recuse themselves from the supervision thereof or that process.
(2)
Nonapplicability. The provisions of this subsection shall not apply
to temporary or part-time positions with the Recreation Department
and/or Department of Public Works. The provisions of this subsection
do not apply to those entities of the Borough of Fanwood which, by
operation of law, operate as separate and independent entities of
the municipal government, including, but not limited to, the Board
of Health, the Public Library Board of Trustees or the Planning Board.
A.
There is hereby created a Borough Ethics Board consisting
of six residents of the Borough, at least two of whom shall be public
members. The members of the Ethics Board shall be appointed by the
Mayor with the consent of the Council and shall be chosen by virtue
of their known and consistent reputation for integrity and their knowledge
of local government affairs. No more than three members of the Ethics
Board shall be of the same political party. The members of the Borough
Ethics Board shall annually elect a Chair from among its membership.
The members shall serve for a term of five years. Each member shall
serve until his/her successor has been appointed and qualified. Any
vacancy occurring in the membership of the Ethics Board shall be filled
in the same manner as the original appointment for the unexpired term.
Members of the Ethics Board shall serve without compensation but shall
be reimbursed by the Borough for necessary expenses incurred in the
performance of their duties.
B.
The Borough Ethics Board shall have all of the powers
set forth in N.J.S.A. 40A:9-22.22.
A local government officer or employee serving
the Borough may request and obtain from the Borough Ethics Board an
advisory opinion as to whether any proposed activity or conduct would,
in its opinion, constitute a violation of the Borough Code of Ethics
or any financial disclosure requirements. Advisory opinions of the
Borough Ethics Board shall not be made public, except when the Ethics
Board by a 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 Ethics Board
in directing that the opinion be made public so determines.
The Borough Ethics Board, upon receipt of a
signed written complaint by any person alleging that the conduct of
any local government officer or employee serving the Borough is in
conflict with the Borough Code of Ethics or financial disclosure requirements,
shall acknowledge receipt of the complaint within 30 days of receipt
and initiate an investigation concerning the facts and circumstances
set forth in the complaint. The Borough Ethics Board shall then pursue
such complaint in accordance with the provisions of N.J.S.A. 40A:9-22.24.
All statements, complaints, requests or other
written materials filed pursuant to this chapter, and any rulings,
opinions, judgments, transcripts or other official papers prepared
pursuant to this chapter, shall be preserved for a period of at least
five years from the date of filing or preparation, as the case may
be.
