[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 5-28-1991 by Ord. No. 907-91. Amendments noted where
applicable.]
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 of interest
between the private interests and the public duties of a government
officer or employee, that confidence is imperiled.
D.
Local government has the duty both to provide citizens
with standards by which they may determine whether public duties are
being faithfully performed and to apprise its officers and employees
of the behavior which is expected of them while conducting their public
duties.
E.
It is the purpose of this chapter to provide a method
of assuring that standards of ethical conduct for borough officers
and employees shall be clear, consistent and uniform in their application
and to provide borough officers and employees with advice and information
concerning possible conflicts of interest which might arise in the
conduct of their public duties.
For the purpose of this chapter, the following
terms have the meanings indicated:
The Local Finance Board in the Division of Local Government
Services in the Department of Community Affairs.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
The Borough Council of the Borough of Caldwell.
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 or governing body, including the chief
executive officer, bureau, division, office, commission or other instrumentality
within the borough, and any independent local authority, including
any entity created by the borough, 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: elected to any office of a local government agency,
including the Mayor and members of the governing body; 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 authority; or 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.
Local government officers and employees shall
comply with the following provisions:
A.
No local government officer or employee or member
of his 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 duties
in the public interest.
B.
Independent local authority.
(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;
or
(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 or employee shall use
or attempt to use his official position to secure unwarranted privileges
or advantages for himself or others;
D.
No local government officer or employee shall act
in his official capacity in any matter where he, a member of his immediate
family or a business organization in which he has an interest has
a direct or indirect financial or personal involvement that might
reasonably be expected to impair his objectivity or independence of
judgment;
E.
No local government officer or employee shall undertake
any employment or service, whether compensated or not, which might
reasonably be expected to prejudice his independence of judgment in
the exercise of his official duties;
F.
No local government officer or employee, member of
his immediate family or business organization in which he has an interest
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, directly or indirectly, in the discharge of his
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 official duties;
G.
No local government officer or employee shall:
[Amended 3-5-2013 by Ord. No. 1272-13]
(1)
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 his or her 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;
(2)
Use
Borough real property and/or personal property for private or political
use;
H.
No local government officer or employee or business
organization in which he 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 borough. This provision shall not be deemed to prohibit one
local government employee from representing another local employee
where the local government agency is the employer and the representation
is within the context of official labor union or similar representational
responsibilities;
I.
No local government officer shall be deemed in conflict
with these provisions if, by reason of his participation in the enactment
of any ordinance, resolution or other matter required to be voted
upon which is subject to executive approval or veto, no material or
monetary gain accrues to him 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;
J.
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 his immediate family, whether
directly or indirectly, in return therefor; and
K.
Nothing shall prohibit any local government officer
or employee, or members of his immediate family, from representing
himself or themselves in negotiations or proceedings concerning his
or their own interests.
A.
A local government officer or employee may request
and obtain from the Local Finance Board an advisory opinion as to
whether any proposed activity or conduct would in its opinion constitute
a violation of the provisions of this chapter.
B.
Any person may file a signed written complaint with
the Local Finance Board alleging that the conduct of any local government
officer or employee is in conflict with the provisions of this chapter.
