[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-29-1973 by Ord. No. 73-7
as Ch. 19, Art. III, of the 1973 Code of Ordinances; amended in its entirety 12-27-1990
by Ord. No. 90-14]
No elected or appointed official, officer or employee of the borough
shall engage in any business transaction or professional activity or have
a financial or other private interest, direct or indirect, which is in substantial
conflict with the proper discharge of his official duties unless full disclosure
is made as to such interest, in writing, to the Mayor and Council.
No elected or appointed official, officer or employee of the borough
shall accept other employment or engage in any business transaction or make
any investment which will be detrimental to the borough in the exercise of
his official duties or interfere in any manner whatsoever with the discharge
of his official duties.
No elected or appointed official, officer or employee shall accept any
gift or gratuity which will become an obligation, whether in the form of service,
loan or promise or in any other form, from any person, firm or corporation
which, to his knowledge, is interested directly or indirectly in any manner
whatsoever in business dealings with the borough and over which business dealings
he has power to take or influence official action.
No elected or appointed official, officer or employee of the borough
shall represent any private interests to the detriment of the borough or for
the purpose of unwarranted personal gain before any borough agency or department
or the Municipal Judge's Court or in any litigation in which the borough
is a party.
In the event that any elected or appointed official or in the event
that the Borough Clerk, Borough Treasurer, Borough Attorney, Borough Engineer
or Borough Auditor has a direct or indirect financial or other private interest
in any proposed legislation, he shall publicly disclose on the official records
of the borough the nature and extent of such interest.
No elected or appointed official, officer or employee shall improperly
use his official position in order to obtain a personal discount or other
benefit from any person or persons whatsoever.
A Board of Ethics is hereby created, to consist of three members of
the Borough Council to be appointed by the Mayor with the advice and consent
of the Borough Council and the Borough Attorney, serving as advisor, all of
whom shall serve without compensation. The Board members shall serve for terms
of one year and until their successors are appointed and qualify. The members
shall elect a Chairman. The Board of Ethics shall render advisory opinions
with respect to any question arising under this chapter. Such opinions shall
be rendered upon written request of the Mayor and Council or by the officer
or employee concerned. In the event that any person concerned disagrees with
the opinion rendered, he shall appeal therefrom in writing to the Mayor and
Borough Council within 15 days of the rendering of such opinion. The Mayor
and Borough Council shall then hold a hearing and shall render a final decision
with respect thereto within 20 days thereafter.
Compliance with this article and the opinions rendered by the Board
of Ethics as approved by the Borough Council shall be deemed a condition of
employment for all borough employees. In the event that any officer or employee
should violate any provision of this article or should fail to comply with
the opinion rendered by the Board of Ethics, such action shall be considered
to constitute misconduct and may result in the suspension, demotion or dismissal
of such officer or employee, by action of the Mayor and Borough Council.
[Adopted 10-25-2004 by Ord. No. 2004-14]
A.
Any other provision of law to the contrary notwithstanding,
the Borough of New Providence or any of its purchasing agents or agencies
or those of its independent authorities, as the case may be, shall not enter
into an agreement or otherwise contract to procure professional services,
including but not limited to banking services/relationships or insurance coverage
services, from any professional business entity if that entity has solicited
or made any contribution of money, or pledge of a contribution, including
in-kind contributions, to a campaign committee of any successful candidate
for or holder of the elected municipal office having ultimate responsibility
for the award of the contract, or to any party committee of the Borough of
New Providence or Union County of which the Mayor or any Councilperson is
a member, or to any political action committee (PAC) that is organized for
the primary purpose of promoting or supporting municipal successful candidates
or municipal officeholders in the Borough of New Providence in excess of the
thresholds specified in Subsection D within one calendar year immediately
preceding the date of the contract or agreement.
[Amended 11-8-2004 by Ord. No. 2004-15]
B.
No professional business entity which enters into negotiations
for, or agrees to, any contract or agreement with Borough of New Providence
or any department or agency thereof or of its independent authorities for
the rendition of professional, banking or insurance coverage services or any
other no-bid consultants shall knowingly solicit or make any contribution
of money, or pledge of a contribution, including in-kind contributions, to
any successful candidate for or holder of the public office in the Borough
of New Providence having ultimate responsibility for the award of the contract,
or to any party committee in the Borough of New Providence or Union County
of which the Mayor or any councilperson is a member, or to any PAC that is
organized for the primary purpose of promoting or supporting successful municipal
candidates or municipal officeholders in the Borough of New Providence between
the time of first communications between that business entity and the Borough
regarding a specific professional services agreement and the later of the
termination of negotiations or the completion of the contract or agreement.
[Amended 11-8-2004 by Ord. No. 2004-15]
C.
For purposes of this article, a "professional business
entity" seeking a public contract means 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
professional business entity 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 as well as any subsidiaries directly
controlled by the business entity.
D.
Any individual meeting the definition of "professional
business entity" under this section may annually contribute a maximum of $400
each for any purpose to any candidate for Mayor or Council, or $500 to the
party committee in the Borough of New Providence or Union County, or to a
PAC referenced in this article, without violating Subsection A of this section.
However, any group of individuals meeting the definition of "professional
business entity" under this section, including such principals, partners and
officers of the entity in the aggregate, may not annually contribute for any
purpose in excess of $2,500 to all successful candidates and officeholders
with ultimate responsibility for the award of the contract, and all political
parties in the Borough of New Providence or Union County of which the Mayor
or any Councilperson is a member, and PACs referenced in this article combined,
without violating Subsection A of this section.
[Amended 11-8-2004 by Ord. No. 2004-15]
E.
For purposes of this section, the office that is considered
to have ultimate responsibility for the award of the contract shall be:
(1)
The New Providence Borough Council, if the contract requires
approval or appropriation from the Council.
(2)
The Mayor of the Borough of New Providence, 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.
[Amended 11-8-2004 by Ord. No. 2004-15]
No contribution of money or any other thing of value, including in-kind
contributions, made by a professional business entity to any successful municipal
candidate for Mayor or Council, or municipal or county party committee or
PAC referenced in this article 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 prior to the effective date of this section.
A.
Prior to awarding any contract or agreement to procure
services, including, without limitation, banking or insurance coverage services,
with any professional business entity, the borough or any of its purchasing
agents or agencies, as the case may be, shall receive a sworn statement from
the professional business entity made under penalty of perjury that the bidder
or offer or has not made a contribution in violation of § 41-9 of
this article.
B.
The professional business entity shall have a continuing
duty to report any violations of this article that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the Borough
and shall be in addition to any other certifications that may be required
by any other provision of law.
A professional business entity or Borough candidate or officeholder
or municipal or county party committee or PAC referenced in this article may
cure a violation of § 41-9 of this article, if, within 30 days after
the general election, the professional business entity notifies the Borough
Council in writing and seeks and receives reimbursement of a contribution
from the Borough candidate or municipal or county political party or PAC referenced
in this article.
A.
All professional service agreements of the Borough of
New Providence shall provide that it shall be a breach of the terms of the
government contract for a professional business entity as defined in § 41-9C
to violate § 41-9B or to knowingly conceal or misrepresent contributions
given or received, or to make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the contribution.
B.
Any professional business entity as defined in § 41-9C
and D who knowingly fails to reveal a contribution made in violation of this
article, or who knowingly makes or solicits contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the contribution
shall be disqualified from eligibility for future contracts from the Borough
of New Providence for a period of four calendar years from the date of the
violation.
If any sentence, paragraph or section of this article, or the application
thereof to any persons or circumstances shall be adjudged by a court of competent
jurisdiction to be invalid, or if by legislative action any sentence, paragraph
or section of this article shall lose its force and effect, such judgment
or action shall not affect, impair or void the remainder of this article.
This article shall become effective in accordance with law.
