[Adopted 5-28-1991 by Ord. No. 1991-6]
This chapter shall be known and may be cited
as the "Bordentown City Code of Ethics."
The Board of Commissioners of the City of Bordentown
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 interest 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.
As used in this chapter, the following words
shall have the meanings indicated:
AGENCY
Any agency, board, governing body, including the chief executive
officers, office, commission or other instrumentality within the City
of Bordentown and any independent local authority created by or appointed
under the authority of the City of Bordentown, 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 nonunion profit entity or labor union.
OFFICER
A.
Any person, whether compensated or not, whether
part-time or full-time, who is one of the following:
(1)
Member of the Board of Commissioners.
(2)
Treasurer/Chief Financial Officer.
(4)
Director, Department of Revenue and Finance.
(5)
Director, Department of Public Property.
(6)
Director, Department of Public Safety and Affairs.
(13)
City Planning Consultant.
(20)
Zoning Board of Adjustment member.
(21)
Zoning Board of Adjustment Attorney.
(22)
Local Assistance Board member.
(23)
Director of Public Assistance.
(24)
Board of Fire Commissioners members.
(26)
Board of Fire Commissioners Attorney.
(27)
Any 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 City of Bordentown or of
any agency created under the authority of or appointed by the City
of Bordentown.
OFFICER OR EMPLOYEE
An officer or employee of the City of Bordentown or of an
agency under the authority of or appointed by the City of Bordentown.
Officers and employees of the City of Bordentown
shall comply with the following provisions:
A. No officer or employee of the City of Bordentown 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, 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 member of the public which he or she receives or
acquires in the course of or by reason of his or her office or employment
for the purpose of securing financial gain for himself, any member
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 City in connection with any cause, proceeding, application
or other matter pending before any agency of the City of Bordentown.
This provision shall not be deemed to prohibit an employee from representing
another employee where representation is within the context of official
labor union or similar representational responsibilities; nor shall
this provision be applicable to the City Public Defender 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 City of Bordentown or members of his or her immediate family from
representing himself, herself or themselves in negotiations of proceedings
concerning his, her or their own interests.
K. No officer or employee elected or appointed in the
City 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 City.
L. No officer or employee elected or appointed in the
City shall approve or disapprove or in any way recommend the payment
of any bill, voucher or indebtedness owed or allegedly owed by the
City in which he has a direct or indirect personal, pecuniary or private
interest.
M. No officer or employee elected or appointed in the
City shall request, use or permit the use of any public property,
vehicle, equipment labor or service 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 is provided as a matter
of stated public policy for the use of officials and employees in
the conduct of official business.
[Adopted 5-14-2012 by Ord. No. 2012-04]