This chapter shall be known and may be cited
as the "Borough of Wanaque Code of Ethics."
The governing body of the Borough of Wanaque
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.
Officers and employees of the Borough of Wanaque
shall comply with the following provisions:
A. No officer or employee of the Borough of Wanaque 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, herself 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 or her, 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, herself, 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 Wanaque.
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 Defendant
with respect to representation of defendants in the Municipal Court.
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 Wanaque 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 or she 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, herself 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 state public policy for the use of officials and employees
in the conduct of official business.
The Borough of Wanaque Ethical Standards Board
shall have the following powers:
A. To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the Municipal
Code of Ethics or financial disclosure requirements by local government
officers or employees serving the borough.
B. To issue subpoenas for the production of documents
and the attendance of witnesses with respect to its investigation
of any complaint or to the holding of a hearing.
C. To forward to the County Prosecutor or the Attorney
General or other governmental body any information concerning violations
of the Code of Ethics or financial disclosure requirements by officers
or employees serving the borough which may warrant the institution
of other legal proceedings by the Attorney General.
D. To render advisory opinions to local officers or employees
serving the borough as to whether a given set of facts and circumstances
would constitute a violation of any provision of the Code of Ethics
or financial disclosure requirements.
E. To enforce the provisions of the Code of Ethics and
financial disclosure requirements with regard to officers or employees
serving the borough and to impose penalties for the violation thereof
as are authorized by this chapter.
F. To adopt rules and regulations and other things as
are necessary to implement the purposes of this chapter.
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 five years
from the date of filing or preparation, as the case may be.