[HISTORY: Derived from Sec. 13-3 of the 2002 Revised General
Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No.
02-27. Amendments noted where applicable.]
A.
The proper operation of democratic government requires that:
(1)
Public officials and employees be independent, impartial and responsible
to the people.
(2)
Government decisions and policy be made in the proper channels of
the government structures.
(3)
Public office not be used for personal gain.
(4)
The public have confidence in the integrity of its government.
B.
In recognition of these goals, there is hereby established a Code
of Ethics for all officials and employees, whether elected or appointed,
paid or unpaid.
The purpose of this chapter is to establish ethical standards
of conduct for all such officials and employees by setting forth those
acts or actions that are incompatible with the best interests of the
Township and by directing disclosure by such officials and employees
of private financial or other matters affecting the Township. The
provisions and purpose of this chapter and such rules and regulations
as may be established are hereby declared to be in the best interests
of the Township.
Public officials and employees are agents of public purpose
and hold office for the benefit of the public. They are bound to uphold
the Constitution of the United States and the Constitution of this
state and to carry out impartially the laws of the nation, state and
municipality and thus to foster respect for all government. They are
bound to observe in their official and personal acts the highest standards
of morality and to discharge faithfully the duties of their office,
regardless of personal considerations, recognizing that the public
interest must be their primary concern.
Public officials and employees, whether appointed or elected
full time or part time, paid or unpaid, should conduct their official
duties with integrity, impartially and in public interest. They also
should conduct both their official and private affairs so as not to
give a reasonable basis for the impression that any such official
or employee can be improperly influenced in the performance of his/her
official duties. Such official or employee should so conduct himself/herself
as to maintain public confidence in his/her performance or his/her
public trust and in the government he/she represents. The official
or employee should not be a source of embarrassment to that government
and should avoid even the appearance of conflict between his/her public
duties and private interests.
A.
Appointive officials and employees should adhere to the rules of
work and performance established as the standard for their positions
by the appropriate authority.
B.
Officials and employees should not exceed their authority or breach
the law or ask others to do so, and they should work in full cooperation
with other public officials and employees unless prohibited from so
doing by law or by officially recognized confidentiality of their
work.
No person shall be appointed to or removed from or in any way
favored or discriminated against with respect to any appointive administrative
office because of his/her race, religion, sex or national origin,
if otherwise qualified for the position or office. However, this provision
does not impair administrative discretion in determining the requirements
of a position or in a job assignment of a person holding such position.
No official or employee shall use Township-owned vehicles, equipment,
materials or property, except in the line of duty or when such service
is available to the general public.
No official or employee shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available
to every other citizen.
A.
Incompatible personal interest. No member of Council or other official
or employee, whether paid or unpaid, shall engage in any business
or transaction, or have a financial or other personal interest, direct
or indirect, which is incompatible with the proper discharge of his/her
official duties in the public interest or would tend to impair his/her
independence or judgment or action in the performance of his/her duties.
B.
Future employment. No former official or employee shall appear at
any time before the agency in which he/she was formerly employed in
connection with any case or other matter with which he/she was directly
connected while an official or employee at any time within a period
of one year after termination of his/her service with the Township.
Such official or employee may be released from this obligation after
review of the relevant facts of his/her case by the Council at a public
meeting on the application of such official or employee and duly noted
at the meeting.
C.
Service for private interests. No member of Council or other official
or employee shall engage in services for private interests where such
service is directly connected with the Township.
D.
Disclosure of confidential information. No member of Council or other
official or employee shall disclose, without proper legal authorization,
confidential information concerning the property, government or affairs
of the Township, nor shall he/she use such information to advance
the financial or other private interests of himself/herself or others.
E.
Gifts and favors. No member of Council or other official or employee
shall accept any valuable gift, whether in the form of service, loan,
thing or promise, from any person which, to his/her knowledge, is
interested, directly or indirectly, in any manner whatsoever in business
dealings with the Township, nor shall any such official or employee:
F.
Representing private interests before Township agencies or courts.
No member of Council or other official or employee, whether paid or
unpaid by the Township, shall appear on behalf of any private interest
before any agency of the Township in which he/she is directly concerned.
The member of Council or other official or employee shall not represent
private interests in any action or proceedings against the interest
of the Township in any litigation to which the Township is a party.
G.
Contracts with the Township. No member of Council or other official
or employee who has a substantial or controlling financial interest
in any business entity, transaction or contract with the Township,
or in the sale of real estate, materials, supplies or services to
the Township, shall make known to the proper authority such interest
in any matter on which he/she may be called to act in his/her official
capacity. The member of Council or other official or employee shall
refrain from voting upon or otherwise participating in the transaction
or the making of such contract or sale. A member of Council or other
official or employee shall not be deemed to have an interest in any
contract, purchase or sale of land or other thing of value unless
such contract or sale is approved, awarded, entered into or authorized
by him/her in his/her official capacity, and due public notice is
given at a public meeting regarding the official's private interest.
H.
Disclosure of interest in legislation. A member of Council who has
a financial or other private interest in any legislation shall disclose
on the records of the Council or other appropriate authority the nature
and extent of such interest. This provision shall not apply if the
member of Council disqualifies himself/herself from voting.
I.
Disclosure of financial or private interest. Any other official or
employee who has a financial or other private interest, and who participates
in discussion with or gives an official opinion to the Council, shall
disclose on the records of the Council or other appropriate authority
the nature and extent of such interest which may affect the Township.
No employee in the classified service of the Township shall
orally, by letter or otherwise solicit or be in any manner concerned
with soliciting any assessment, subscription or contribution to any
political party, nor shall he/she be a party to such solicitations
by others, except as permitted by civil service.
When a member of Council or other official or employee has doubt
as to the applicability of a provision of this chapter to a particular
situation, he/she should apply to the Township Attorney for an advisory
opinion and be guided by that opinion when given. The member of Council
or other official or employee shall have the opportunity to present
his/her interpretation of the facts at issue and of the applicable
provisions of this chapter before such advisory decision is made.
This chapter shall be operating in all instances covered by its provisions,
except when superseded by an applicable statutory or charter provision,
and statutory or charter action is mandatory.
Violations of any provisions of this chapter may constitute
a cause for censorship, suspension, removal from office or employment
or other disciplinary action pursuant to statutes of the State of
New Jersey.
