[HISTORY: Adopted by the Township Committee of the Township
of Hanover 7-8-2010 by Ord. No. 20-10. Amendments noted where applicable.]
In conformance with the State of New Jersey's Local Government
Ethics Law at N.J.S.A. 40A:9-22.1 et seq., as used in this chapter,
the following terms shall have the meanings indicated:
The Local Finance Board in the Division of Local Government
Services in the New Jersey Department of Community Affairs.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
The Township Committee of the Township of Hanover.
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 nonprofit entity or labor union.
Any agency, board, governing body (including the chief executive
officer) bureau, division, office, commission or other instrumentality
within a county or municipality, and any independent local authority,
including any entity created by more than one county or municipality,
and any independent local authority, including any entity created
by more than one county or municipality, which performs functions
other than of a purely advisory nature but shall not include a school
board.
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving on a local government agency
who is not a local government officer, but shall not mean any employee
of a school district.
Any person, whether compensated or not, whether part-time
or full-time, as follows:
Elected to any office of a local government agency;
Serving on a local government agency which has the authority
to enact ordinances, approve development applications or grant zoning
variances;
Who is a member of an independent municipal, county or regional
authority; and
Who is a managerial executive or confidential employee of a
local government agency, as defined in Section 3 of the New Jersey
Employer-Employee Relations Act., P.L. 1941, c. 100 (N.J.S.A. 34:13A-3),
but shall not mean any employee of a school district or member of
a school board.
A local government officer or a local government employee.
The spouse or dependent child of a local government officer
or employee residing in the same household.
All local government officers, employees and volunteers of the
Township of Hanover shall comply with the following standards for
conduct which are adopted as follows:
A.
No
local government officer, employee or volunteer 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; and
B.
Independent
authorities; business organizations.
(1)
No independent local authority shall, for a period of one year next
subsequent to the termination of office of a member of that authority:
(a)
Award any contract which is not publicly bid to a former member of
that authority;
(b)
Allow a former member of that authority to represent, appear for
or negotiate on behalf of any other party before that authority; and
(c)
Employ for compensation, except pursuant to open competitive examination
in accordance with Title 11A of the New Jersey Statutes, and the rules
and regulations promulgated pursuant thereto, any former member of
that authority.
(2)
The restrictions contained in this subsection shall also apply to
any business organization in which the former authority member holds
an interest.
C.
No
local government officer, employee or volunteer shall use or attempt
to use his/her official position to secure unwarranted privileges
or advantages for himself or others.
D.
No
local government officer, employee or volunteer shall act in an official
capacity in any matter involving a business organization where he
or she has a direct or indirect financial interest or personal involvement
that might reasonably be expected to impair objectivity or independence
of judgment.
E.
No
local government officer, employee or volunteer shall undertake any
employment or service, whether compensated or not, which might reasonably
be expected to prejudice his or her independent judgment in the exercise
of his or her official duties.
F.
No
local government officer, employee or volunteer, in which he or she
has an interest in a business organization, shall solicit or accept
any gift, favor, loan, 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 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 local government officer has no knowledge or
reason to believe that the campaign contribution, if accepted, was
given with the intent to influence the local government officer in
the discharge of his or her official duties.
G.
No
local government officer, employee or volunteer 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 office or employment
for the purpose of securing financial gain for himself or herself,
any member of his or her immediate family or any business organization
with which he or she is associated.
H.
No
local government officer or volunteer shall participate in the deliberations
of the Township Committee, the Planning Board, Board of Adjustment,
Board of Health or Hanover Sewerage Authority concerning any actions
or applications before it, if that local government officer or volunteer
espouses certain philosophies or strong personal convictions concerning
any institution, organization or groups of persons. In such instances,
the local government officer or volunteer shall recuse himself or
herself from all deliberations.
I.
No
local government officer, employee or volunteer shall engage, either
directly or indirectly, in any act including the failure to act that
constitutes discrimination, harassment or a violation of any person's
constitutional rights while such officer, employee or volunteer is
engaged in or acting on behalf of the Township's business or using
the facilities or property of the Township. In this regard, the Township
and its local government officers, employees and volunteers shall
comply with the provisions of the New Jersey Law Against Discrimination.
J.
No
business organization in which a local government officer, employee
or volunteer has an interest shall represent any person or party,
other than the local government, in connection with any cause, proceeding,
application or other matter pending before any agency in the local
government in which he or she serves. This provision shall not be
deemed to prohibit one local government employee from representing
another local government employee where the local government agency
is the employer, and the representation is within the context of official
labor union or similar representational responsibilities.
K.
No
local government officer, employee or volunteer 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.
L.
No
elected local government 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 the immediate family, whether directly or indirectly,
in return therefore.
M.
Nothing
shall prohibit any local government officer, employee or volunteer
from representing himself, herself or themselves in negotiations or
proceedings concerning his, her or their own interests.
In accordance with this chapter's declaration of policy and
objectives, all local government officers, employees and volunteers
shall abide by the following Code of Ethics oath:
A.
To
uphold and enforce all federal, state and local ordinances, rules,
regulations, policies and court mandates. Desired changes shall be
brought about only through legal and ethical means;
B.
To
make decisions and set policies that are beneficial and protective
of the health, welfare and safety of the residents of Hanover Township
and the public in general who visit or do business within the community;
C.
To
discharge responsibilities for the good of the Township as a whole
and not surrender independent judgment to special interest or partisan
political groups or use one's position for personal gain or for the
gain of family or friends;
D.
To
withhold confidential information on any matters which are discussed
in closed executive session and such matters shall not be divulged
to any person or released to the public until such time that the reasons
for discussing and acting on them in closed executive session no longer
exist;
E.
In
the case of members of the Township Committee, members shall vote
to appoint the best qualified personnel after careful consideration
of the experience and expertise of individuals seeking employment.
A.
In
accordance with the rules and regulations of the Local Government
Ethics Law at N.J.S.A. 40A:9-22.1 et seq., local government officers,
employees and volunteers who are covered under the law shall, on or
before April 30 of each year, annually file a financial disclosure
statement on the form prescribed by the Local Finance Board in the
Division of Local Government Services in the Department of Community
Affairs. The original of such form shall be filed with the Hanover
Township Clerk and a copy forwarded to the Local Finance Board. All
financial disclosure statements filed with the Township Clerk are
deemed public records and available for public inspection or duplication.
B.
Failure
to file the prescribed statement on the deadline date may result in
the removal from office.
Title 5 of the United States Code, Sections 1501 through 1508,
and Title 5 of the Code of Federal Regulations, Part 151, are incorporated
herein by reference and made a part of this chapter as if set forth
in full. All elected officials, officers and employees of the Township
shall comply with the provisions of Title 5 of the United States Code,
also known as the "Hatch Act."
