As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Local Finance Board in the Division of Local Government
Services in the Department of Community Affairs.
BUSINESS ORGANIZATION
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
INTEREST
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.
LOCAL GOVERNMENT AGENCY
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,
which performs functions other than of a purely advisory nature but
shall not include a school board.
LOCAL GOVERNMENT EMPLOYEE
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.
LOCAL GOVERNMENT OFFICER
Any person, whether compensated or not, whether part-time
or full-time:
A.
Elected to any office of a local government agency.
B.
Serving on a local government agency which has the authority
to enact ordinances, approve development applications or grant zoning
variances.
C.
Who is a member of an independent municipal, county or regional
authority.
D.
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.
MEMBER OF IMMEDIATE FAMILY
The spouse or dependent child of a local government officer
or employee residing in the same household.
The Township of Morris does hereby adopt the following Code
of Ethics for all local government officers and employees:
A. No local government officer or employee 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. 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.
(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 an official
capacity in any matter where he or she, a member of the immediate
family or a 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 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 or her independence of judgment in the exercise
of his or her official duties.
F. No local government officer or employee, member of the immediate
family or business organization in which he or she 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 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 or employee 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 employee or business organization
in which he or she 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.
I. No local government 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.
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 the immediate family, whether directly or indirectly,
in return therefor.
K. Nothing shall prohibit any local government officer or employee or
members of the immediate family from representing himself, herself
or themselves in negotiations or proceedings concerning his, her or
their own interests.
On or before April 30 of each year, the local government officer
shall 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 Morris Township Clerk and a copy forwarded
to the Local Finance Board, with an additional copy retained by the
Municipal Ethics Board. All financial disclosure statements filed
shall be public records.