[HISTORY: Adopted by the Board of Commissioners
of the City of Bordentown as indicated in article histories. Amendments
noted where applicable.]
[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.
A.
It is the purpose of this chapter to provide a method
of assuring that standards of ethical conduct and financial disclosure
requirements for officers and employees of the City of Bordentown
shall be clear, consistent, uniform in their application and enforceable
and to provide those officers or employees with advice and information
concerning possible conflicts of interest which might arise in the
conduct of their public duties.
As used in this chapter, the following words
shall have the meanings indicated:
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.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
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.
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.
The spouse or dependent child of an officer or employee residing
in the same household.
Any person, whether compensated or not, whether
part-time or full-time, who is one of the following:
Member of the Board of Commissioners.
Treasurer/Chief Financial Officer.
Deputy City Clerk.
Director, Department of Revenue and Finance.
Director, Department of Public Property.
Director, Department of Public Safety and Affairs.
Chief of Police.
Tax Assessor.
Tax Collector.
City Clerk.
City Attorney.
City Engineer.
City Planning Consultant.
City Auditor.
Municipal Judge.
City Prosecutor.
City Public Defender.
Planning Board member.
Planning Board Attorney.
Zoning Board of Adjustment member.
Zoning Board of Adjustment Attorney.
Local Assistance Board member.
Director of Public Assistance.
Board of Fire Commissioners members.
Fire Chief.
Board of Fire Commissioners Attorney.
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.
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.
A.
Officers of the City shall annually file a financial
disclosure statement. All financial disclosure statements shall include
the following information, which shall specify, where applicable,
the name and address of each source and the officer's job title:
(1)
Each source of income, earned or unearned, exceeding
$2,000, received by the officer or a member of his or her immediate
family during the preceding calendar year. Individual client fees,
customer receipts or commissions on transactions received through
a business organization need not be separately reported as sources
of income. If a publicly traded security is the source of income,
the security need not be reported unless the local government officer
or member of his or her immediate family has an interest in the business
organization.
(2)
Each source of fees and honorarium having an aggregate
amount exceeding $250 from any single source for personal appearances,
speeches or writings received by the local government officer or a
member of his or her immediate family during the preceding calendar
year.
(3)
Each source of gifts, reimbursements or prepaid expenses
having an aggregate value exceeding $400 from any single source, excluding
relatives, received by the local government officer or a member of
his or her immediate family during the preceding calendar year.
(4)
The name and address of all business organizations
in which the local government officer or a member of his or her immediate
family had an interest during the preceding calendar year.
(5)
The address and brief description of all real property
in the state in which the local government officer or a member of
his or her immediate family held an interest during the preceding
calendar year.
B.
Once a financial disclosure statement form has been
promulgated by the New Jersey Local Finance Board, in accordance with
the New Jersey Local Government Ethics Law,[1] then that form shall be used. The City Clerk shall make
the forms available to the officers and employees required to file
a financial disclosure statement.
[1]
Editor's Note: See now N.J.S.A. 40A:9-22.1
et seq.
C.
The original statement shall be filed with the City
Clerk within 90 days after the effective date of the New Jersey Local
Government Ethics Law.[2] All subsequent statements shall be filed on or before
April 30 of each year. A copy of the statement shall be filed with
the City Clerk.
[2]
Editor's Note: See now N.J.S.A. 40A:9-22.1
et seq.
D.
All financial disclosure statements shall be public
record.
[Adopted 5-14-2012 by Ord. No. 2012-04]
A.
BUSINESS ENTITY
(1)
(2)
(3)
(4)
(5)
(6)
CAMPAIGN COMMITTEE
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES
CONTRIBUTION
Definitions. As used in this article of Chapter 36, the following words shall have the following meanings:
For purposes of this article, a business entity whose contributions
are regulated by this article means:
An individual who seeks a contract for professional or extraordinary
services, including the individual's spouse or domestic partner,
and any unemancipated children or stepchildren living within the marital
home;
A firm; corporation; professional corporation; partnership;
limited liability company; organization; association; and any other
manner and kind of business entity;
Any person who owns 10% or more of the equity or ownership or
income interests in a person or entity as defined in Subsections A
and B above and their spouses, domestic partners and children/stepchildren;
All partners or officers of such an entity and their spouses,
domestic partners and children/stepchildren;
Any person, subcontractor, subsidiary, corporation, firm, partnership,
limited liability company, organization or association who has received
or indefeasibly acquired the right to receive, from a person described
in this subparagraph; and
i) Every candidate for the City of Bordentown elective municipal
office; ii) every candidate committee established by or for the benefit
of a candidate for the City of Bordentown elective municipal office;
iii) every joint candidates committee established in whole or in part
by or for the benefit of a slate of candidates for the City of Bordentown
elective municipal office; iv) every political party committee of
the City of Bordentown; and v) every political committee, continuing
political committee, or other form of association or organization
that regularly engages in the support of candidates for the City of
Bordentown Board of Commissioners. The terms in the foregoing paragraph
have the meaning prescribed in N.J.A.C. 19:25-1.7 as the same may
be amended and supplemented from time to time by the New Jersey Legislature
or by the Executive Branch pursuant to Executive Order or the New
Jersey Administrative Procedures Act.
All contracts for "professional services" and "extraordinary
unspecifiable services" as such terms are used in Local Public Contracts
Act, N.J.S.A. 40A:11-5.
Has the meaning prescribed in N.JA.C. 19:25-1.7. By way of
illustration, and not limitation, this definition includes pledges,
loans, and in-kind contributions.
B.
Prohibition on awarding public contracts to certain contributors.
(1)
To the extent that it is not inconsistent with state or federal law,
the City of Bordentown and any of its departments, instrumentalities
or purchasing agents shall not enter into any agreement or otherwise
contract to procure "professional services" as such term is defined
at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or
banking, insurance or other consulting service (hereinafter "professional
services"), nor "extraordinary unspecified services" as such term
is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii)
and/or media, public relations, lobbying, parking garage management
or other consulting and/or management service (hereinafter "extraordinary
unspecified services") from any business entity if such business entity
has made any contribution to a candidate, candidate committee or joint
candidates committee of any candidate for elective municipal office
in the City of Bordentown or a holder of public office having ultimate
responsibility for the award of a contract with the City, or to any
City of Bordentown, in excess of the thresholds specified in Subsection
g within one calendar year immediately preceding the date of the contract
or agreement.
(2)
No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the City of Bordentown
or any of its departments or instrumentalities, for the rendition
of professional services or extraordinary unspecified services shall
knowingly solicit or make any contribution above the threshold identified
herein, to a candidate, candidate committee or joint candidates committee
of any candidate for elective municipal office in the City of Bordentown,
or a holder of public office having ultimate responsibility for the
award of a contract with the City, during the term of that contract.
(3)
The monetary thresholds of this article are:
(a)
A maximum of $300 per election cycle for any purpose to any
individual candidate or candidate committee for mayor or governing
body;
(b)
A maximum of $900 per election cycle to any joint candidates
committee for mayor or governing body;
(c)
A maximum of $300 per calendar year to a political committee
or political party committee of the City of Bordentown.
[1]
As identified above, the maximum contribution of $900 is based
on three candidates participating in the joint candidates committee.
If only two candidates are participating in the joint candidates committee,
the maximum amount shall be $600 per election cycle.
(4)
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
(a)
The City of Bordentown Mayor or governing body, if the contract
requires approval or appropriation from the Mayor or governing body;
or
(b)
The Mayor of the City of Bordentown, 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.
(5)
Rules regarding subcontractors. No person may be awarded a subcontract
to perform under a contract subject to this article, if the subcontractor
would be disqualified by provision of this article from receiving
the contract at the time that the subcontract is awarded.
C.
Contributions made prior to the effective date. No contribution or
solicitation of contributions made prior to the effective date of
this article shall be deemed to give rise to a violation of this article.
D.
Contract renewal. No contract subject to this article may be renewed,
extended, or materially modified unless the resulting renewal, extension,
or modification would be allowable under the provisions of this article
if it were an initial contract.
E.
Contribution statement by business entity.
(1)
Prior to awarding any contract or agreement to procure professional
services or extraordinary unspecified services from any business entity,
the City of Bordentown or its purchasing agents and departments, as
the case may be, shall receive a sworn statement from said business
entity which is the intended recipient of said contract that he/she/it
has not made a contribution in violation of this article. The City
of Bordentown, its purchasing agents and departments shall be responsible
for informing the Board of Commissioners that the aforementioned sworn
statement has been received and that, based on the information provided,
the business entity is not in violation of this article, prior to
awarding the contract or agreement.
(2)
A business entity shall have a continuing duty to report to the City
of Bordentown any contributions that constitute a violation of this
act that are made during the negotiation, proposal process or the
duration of a contract. The City of Bordentown, its purchasing agents
and departments shall be responsible for informing the governing body
within 10 business days after receipt of said report from the business
entity, or at the next Board of Commissioners' meeting following
receipt of said report from the business entity, or whichever comes
first.
(3)
The certification required under this subsection shall be made prior
to entry into the contract or agreement with the City of Bordentown,
or prior to the provision of services or goods, as the case may be,
and shall be in addition to any other certifications that may be required
by any other provision of law.
F.
Return of excess contributions. A business entity that is a party
to a contract for professional services or extraordinary unspecified
services may cure a violation of this article if, within 30 days after
the date on which the applicable ELEC report is published, said business
entity notifies the municipality in writing and seeks reimbursement
of the contribution from the recipient of such contribution. The business
entity shall make written request to receive reimbursement via regular
and certified mail. Any elected official whose election fund or candidate
committee fails to reimburse said contribution shall be prohibited
from participating in the award of contract for that service until
the reimbursement is made.
G.
Exemptions. The contribution limitations prior to entering into a
contract do not apply to contracts which are awarded to the lowest
responsible bidder after public advertising for bids and bidding therefor
within the meaning of N.J.S.A. 40A:11-4, or are awarded in the case
of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts
awarded pursuant to a fair and open process under N.J.S.A. 19:44A-20
et seq.
H.
Penalty.
(1)
Unless cured under Subsection F of this section, it shall be a material breach of the terms of a City of Bordentown agreement or contract for professional services or extraordinary unspecified services when a business entity that is a party to such agreement or contract has:
(a)
Made a contribution in violation of this article;
(b)
Knowingly concealed or misrepresented a contribution given or
received;
(c)
Made contributions through intermediaries for the purpose of
concealing or misrepresenting the source of the contribution;
(d)
Engaged or employed a lobbyist or consultant with the intent
or understanding that such lobbyist or consultant would make any contribution,
which if made by the professional business entity itself, would subject
that entity to the restrictions of this article;
(e)
Funded contributions made by third parties, including consultants,
attorneys, family members, and employees; or
(f)
Directly or indirectly, through or by any other person or means,
done any act which if done directly would subject that entity to the
restrictions of this article.
(2)
Furthermore, any business entity that knowingly or purposefully violates
this chapter shall be disqualified from eligibility for future City
of Bordentown contracts for a period of three calendar years from
the date of the violation.
