[HISTORY: Adopted by the Township Council of the Township
of Willingboro 12-21-1993 by Ord. No. 1993-11 (Sec. 2-19 of the
2003 Revised General Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Willingboro
Township Code of Ethics."
The Township Council of the Township of Willingboro 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; and
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 Township of Willingboro shall be
clear, consistent, uniform in their application, enforceable, and
to provide those officers or employees with advice and information
concerning possible conflicts of interests which might arise in the
conduct of their public duties.
B.
It is the further purpose of this chapter to implement the provisions
of the Local Government Ethics Law, P.L. 1991, Chapter 29 (N.J.S.A.
40A:9-22.1 et seq.).
C.
This chapter is enacted under the authority of the Local Government
Ethics Law, P.L. 1991, Chapter 29 (N.J.S.A. 40A:9-22.1 et seq.), and
under the further authority granted to the Township of Willingboro
under the provisions of N.J.S.A. 40 and 40A.
As used in this chapter, the following terms shall have the
meanings indicated:
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the Township
of Willingboro, and any independent local authority created by or
appointed under the authority of the Township of Willingboro, 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 nonprofit entity or labor union.[1]
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:[2]
Member of the Township Council.
Township Manager.
Deputy Township Manager.
Director, Department of Finance.
Director, Department of Inspections.
Director, Department of Public Works.
Director, Department of Recreation.
Director of Public Safety.
Captain, Police Department.
Tax Assessor.
Township Clerk.
Township Solicitor.
Township Engineer.
Township Planning Consultant.
Township Auditor.
Municipal Judge.
Municipal Prosecutor.
Assistant Municipal Prosecutor.
Township Public Defender.
Planning Board member.
Planning Board Attorney.
Zoning Board of Adjustment member.
Zoning Board of Adjustment Attorney.
Municipal Utilities Authority member.
Municipal Utilities Authority Executive Director.
Fire Chief.
Library Board of Trustees member.
Director, Willingboro Public Library.
Library Board Attorney.
Member, Willingboro Township Ethical Standards Board.
Township Planner.
Any other 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 Township of Willingboro or
of an agency created under the authority of or appointed by the Township
of Willingboro.
An officer or employee of the Township of Willingboro or
of an agency under the authority of or appointed by the Township of
Willingboro.
Officers and employees of the Township of Willingboro shall
comply with the following provisions:
A.
No officer or employee of the Township of Willingboro or a member
of the officer's or employee's 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 the officer's or employee's
duties in the public interest;
B.
No officer or employee shall use or attempt to use the officer's
or employee's official position to secure unwarranted privileges
or advantages for such officer or employee or others;
C.
No officer or employee shall act in an official capacity in any matter
where the officer or employee, a member of the officer's or employee's
immediate family, or any business organization in which the officer
or employee has an interest has a direct or indirect financial or
personal involvement that might reasonably be expected to impair the
officer's or employee's 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 the officer's or employee's independence of judgment
in the exercise of official duties;
E.
No officer or employee, a member of the officer's or employee's
immediate family, or any business organization in which the officer
or employee 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 the officer or employee,
directly or indirectly, in the discharge of the officer's or
employee's 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 official duties;
F.
No officer or employee shall use, or allow to be used, the officer's
or employee's public office or employment or any information,
not generally available to the members of the public, which the officer
or employee receives or acquires in the course of and by reason of
the officer's or employee's office or employment, for the
purpose of securing financial gain for the officer or employee, any
member of the officer's or employee's immediate family,
or any business organization with which the officer or employee is
associated;
G.
No officer or employee or any business organization in which the
officer or employee has an interest shall represent any person or
party other than the Township in connection with any cause, proceeding,
application or other matter pending before any agency of the Township
of Willingboro. 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 Township
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 the officer's 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 the officer 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 the officer's immediate family, whether directly
or indirectly, in return therefor;
J.
Nothing shall prohibit any officer or employee of the Township of
Willingboro, or members of the officer's or employee's immediate
family, from representing the officer or employee or the members of
the officer's or employee's family in negotiations or proceedings
concerning the officer's or employee's or family member's
own interests;
K.
No officer or employee elected or appointed in the Township 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 Township;
L.
No officer or employee elected or appointed in the Township shall
approve or disapprove or in any way recommend the payment of any bill,
voucher or indebtedness owed or allegedly owed by the Township in
which the officer or employee has a direct or indirect personal, pecuniary
or private interest; and
M.
No officer or employee elected or appointed in the Township shall
request, use or permit the use of any public property, vehicle, equipment,
labor or service for personal convenience or the private advantage
of the officer or employee 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 Township 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 the officer's 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 the officer's immediate family has an interest in the business
organization;
(2)
Each source of fees and honorariums 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 the
officer's 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 the officer's
immediate family during the preceding calendar year;
(4)
The names and addresses of all business organizations in which the
local government officer or a member of the officer's immediate
family had an interest during the preceding calendar year; and
(5)
The address and brief description of all real property in the state
in which the local government officer or a member of the officer's
immediate family held an interest during the preceding calendar year.
B.
The Willingboro Township Ethical Standards Board shall prescribe
a financial disclosure statement form for filing purposes. If 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 (N.J.S.A. 40A:9-22.1 et seq.), then that form shall be
used. The Township Clerk shall make the forms available to the officers
and employees required to file a financial disclosure statement.
C.
The original statement shall be filed with the Township Clerk within
90 days after the effective date of the New Jersey Local Government
Ethics Law (N.J.S.A. 40A:9-22.1 et seq.). All subsequent statements
shall be filed on or before April 30 of each year, except that each
local government officer shall file a financial disclosure statement
within 30 days of taking office. A copy of the statement shall be
filed with the Willingboro Township Ethical Standards Board.[1]
D.
All financial disclosure statements filed shall be public records.
A.
There is hereby established the Willingboro Township Ethical Standards
Board, consisting of six members who are residents of the Township,
at least two of whom shall be public members. The members of the Board
shall be appointed by the Township Council. The members shall be chosen
by virtue of their known and consistent reputation for integrity and
their knowledge of local government affairs. No more than three members
of the Board shall be of the same political party.
B.
The members of the Willingboro Township Ethical Standards Board shall
annually elect a Chairperson from among the membership.
C.
The members shall serve for a term of five years, except that, of
the members initially appointed, two of the public members shall be
appointed to serve for a term of five years, one member shall be appointed
to serve for a term of four years, and the remaining members shall
be appointed to serve for a term of three years. Each member shall
serve until a successor has been appointed and qualified. Any vacancy
occurring in the membership of the Board shall be filled in the same
manner as the original appointment for the unexpired term.
D.
Members of the Board shall serve without compensation but shall be
reimbursed for necessary expenses incurred in the performance of their
duties under this chapter.
E.
All hearings required pursuant to this chapter shall be conducted
in conformity with the rules and procedures, insofar as they may be
applicable, provided for hearings by a state agency in contested cases
under the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq.
F.
In the event a hearing is to be held, the officer or employee charged
with violation of this chapter shall be accorded due process of law,
including but not limited to the following:
(1)
Right to counsel.
(2)
Right to prehearing discovery.
(3)
Right to take sworn oral and written testimony from any person.
(4)
Reasonable notice of hearing.
(5)
Right to subpoena persons and documents.
(6)
Right to make a stenographic record of the hearing.
(7)
Right of examination and cross-examination.
A.
The Township Manager shall provide the Willingboro Township Ethical
Standards Board with the facilities needed for the conduct of its
business and the preservation of its records and shall supply equipment
and supplies as may be necessary and as may be provided for in the
annual municipal budget.
B.
All necessary expenses incurred by the Willingboro Township Ethical
Standards Board and its members shall be paid, upon certification
of the Chairperson of the Board, by the Township Treasurer within
the limits of funds appropriated in the annual budget or by emergency
appropriations for those purposes.
C.
The Willingboro Township Ethical Standards Board may request and
receive assistance from Township officers and employees, including
the Township Clerk and the Township Solicitor, and may appoint employees,
including independent counsel, and clerical staff as are necessary
to carry out the provisions of this chapter within the limits of funds
appropriated by the Township Council for those purposes in the annual
budget.
A.
Within 90 days after the appointment of the Willingboro Township Ethical Standards Board, the Board shall promulgate by resolution a Code of Ethics for all officers and employees serving the Township. Officers and employees serving a Township independent authority shall be deemed to be serving the Township for purposes of this chapter. Until such time as the Township Ethical Standards Board shall have adopted a Code of Ethics, the provisions set forth in § 34-5 shall serve as the Code of Ethics.
B.
The Code of Ethics promulgated by the Board shall be either identical to the provisions set forth in § 34-5 or more restrictive, but shall not be less restrictive.
C.
Within 15 days following the promulgation thereof, the Code of Ethics,
and a notice of the date of the public hearing to be held on the Code
of Ethics, shall be published in the newspaper designated for the
publication of official notices for the Township and shall be distributed
to the Township Clerk and to the Township Manager for circulation
among the officers and employees serving the Township.
D.
The Willingboro Township Ethical Standards Board shall hold a public
hearing on the Code of Ethics not less than 30 days following its
promulgation, at which any officer or employee of the Township and
any other person wishing to be heard shall be permitted to testify.
E.
As a result of the hearing, the Board may amend or supplement the
Code of Ethics as it deems necessary.
F.
If the Code of Ethics is not identical to the provisions set forth in § 34-5, the Willingboro Township Ethical Standards Board shall, as required by law, submit the Code of Ethics to the New Jersey Local Finance Board for approval.
G.
If the Local Finance Board fails to act within 60 days of the submission,
the Code of Ethics shall be deemed approved.
H.
A Code of Ethics requiring approval by the New Jersey Local Finance
Board shall take effect 60 days after approval by the Local Finance
Board.
I.
A Code of Ethics identical to the provisions set forth in § 34-5 shall take effect 10 days after the public hearing.
J.
The Board shall forward a copy of the Code of Ethics to the Township
Clerk and shall make copies available to officers and employees serving
the Township.
The Willingboro Township 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 Township;
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 Township 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 Township 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 Township
and to impose penalties for the violation thereof as are authorized
by this chapter; and
F.
To adopt rules and regulations and do other things as are necessary
to implement the purposes of this chapter.
A.
An officer or employee of the Township of Willingboro may request
and obtain from the Willingboro Township Ethical Standards Board an
advisory opinion as to whether any proposed activity or conduct would,
in its opinion, constitute a violation of the Code of Ethics or any
financial disclosure requirements.
B.
Advisory opinions shall not be made public, except when the Board,
by the vote of 2/3 of all of its members, directs that the opinion
be made public.
C.
Public advisory opinions shall not disclose the name of the officer
or employee unless the Board, in directing that the opinion be made
public, so determines.
A.
The Willingboro Township Ethical Standards Board, upon receipt of
a signed written complaint by any person alleging that the conduct
of any officer or employee of the Township of Willingboro serving
the Township is in conflict with the Code of Ethics or financial disclosure
requirements, shall acknowledge receipt of the complaint within 30
days of receipt and initiate an investigation concerning the facts
and circumstances set forth in the complaint.
B.
The Board shall make a determination as to whether the complaint
is within its jurisdiction or frivolous or without any reasonable
factual basis.
C.
If the Board shall conclude that the complaint is outside its jurisdiction,
frivolous or without factual basis, it shall reduce that conclusion
to writing and shall transmit a copy thereof to the complainant and
to the officer or employee of the Township of Willingboro against
whom the complaint was filed.
D.
If the Board shall conclude that the complaint is within its jurisdiction
and has at least a minimal factual basis, the Board shall notify the
officer or employee of the Township of Willingboro against whom the
complaint was filed of the nature of the complaint and the facts and
circumstances set forth therein.
E.
The officer or employee shall have the opportunity to present the
Board with any statement or information concerning the complaint which
the officer or employee wishes.
F.
If the Board determines that a reasonable doubt exists as to whether
the officer or employee of the Township of Willingboro is in conflict
with the Municipal Code of Ethics or any financial disclosure requirements,
the Board shall conduct a hearing concerning the possible violation
and any other facts and circumstances which may have come to the attention
of the Board with respect to the conduct of the officer or employee.
G.
The Board shall render a decision as to whether the conduct of the
officer or employee is in conflict with the Code of Ethics or any
financial disclosure requirements. This decision shall be made by
no less than 2/3 of all members of the Board.
H.
If the Board determines that the officer or employee is in conflict
with the code or any financial disclosure requirements, it may impose
any penalties which it believes appropriate within the limits of this
chapter.
A.
An appointed officer or employee of the Township of Willingboro found
guilty by the Willingboro Township Ethical Standards Board of the
violation of any provision of this chapter or of any Code of Ethics
in effect pursuant to this chapter shall be fined not less than $100
nor more than $500, which penalty may be collected in a summary proceeding
pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10
et seq. The Willingboro Township Ethical Standards Board shall report
its findings to the office or agency having the power of removal or
discipline of the appointed officer or employee and may recommend
that further disciplinary action be taken.[1]
B.
An elected officer or employee of the Township of Willingboro found
guilty by the Willingboro Township Ethical Standards Board of the
violation of any provision of this chapter or of any Code of Ethics
in effect pursuant to this chapter shall be fined not less than $100
nor more than $500, which penalty may be collected in a summary proceeding
pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10
et seq.[2]
C.
The finding by the Willingboro Township Ethical Standards Board that
an appointed officer or employee of the Township of Willingboro is
guilty of the violation of the provisions of this chapter or of any
Code of Ethics in effect pursuant to this chapter shall be sufficient
cause for the officer's or employee's removal, suspension,
demotion or other disciplinary action by the officer or agency having
the power of removal or discipline. When a person who is in the career
service is found to have violated the provisions of this chapter or
any Code of Ethics in effect pursuant to this chapter, the procedure
leading to removal, suspension, demotion or other disciplinary action
shall be governed by any applicable procedures of N.J.S.A. 11A and
the rules promulgated pursuant thereto.
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.
