[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 11-13-1974 by Ord. No. 660R (Ch. 12 of the 1971 Code); amended in its entirety 12-28-1999 by Ord. No. 99-25R. Subsequent amendments noted where applicable.]
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. 
The terms used in this chapter are hereby defined as follows:
FINANCIAL INTEREST
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.
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 firefighter, 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.
PERSON
Any person, firm, association, group, partnership or corporation, or any combination thereof.
PERSONAL INTEREST
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.
B. 
In addition to the terms contained herein, any other terms used in this chapter shall be as defined in the Local Government Ethics Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
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/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 Chairperson 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.