[HISTORY: Adopted by the Township Council of the Township
of Mine Hill 7-6-1995 by Ord. No. 575-95. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Mine Hill
Township Code of Ethics."
The Township Council of the Township of Mine Hill 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.
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 Mine Hill 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, c. 29.
C.
This chapter is enacted under the authority of the Local Government
Ethics Law, P.L. 1991, c. 29, and under the further authority granted
to the Township of Mine Hill under the provisions of Titles 40 and
40A of the New Jersey Statutes.
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 Mine Hill, and any independent local authority created by or appointed
under the authority of the Township of Mine Hill, 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.
A parent, sibling, spouse, child, or spouse of a child of
an officer or employee, or anyone residing in the same household as
an officer or employee.
Any person, whether compensated or not, whether part-time
or full-time:
Elected to any office of an agency;
Serving on an agency which has the authority to enact ordinances,
approve development applications or grant zoning variances;
Who is a member of an independent authority created by or appointed
under the authority of the Township of Mine Hill;
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 Mine Hill or of any agency created
under the authority of or appointed by the Township of Mine Hill.
An officer or employee of the Township of Mine Hill or of
any agency under the authority of or appointed by the Township of
Mine Hill.
Officers and employees of the Township of Mine Hill shall comply
with the following provisions:
A.
No officer or employee of the Township of Mine Hill 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.
No officer or employee shall use or attempt to use his or her official
position to secure unwarranted privileges or advantages for himself
or others;
C.
No officer or employee shall act in his or her official capacity
in any matter where he, a member of his or her immediate family, or
any 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 his or her objectivity or independence
of judgment;
D.
No 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;
E.
No officer or employee, member of his or her immediately family,
or any 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 directly or indirectly, in the discharge of his or her official
duties. This provision shall not apply to the solicitation of 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 his or her official duties;
F.
No 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 his or her office or employment
for the purpose of securing financial gain for himself, any member
of his or her immediate family, or any business organization with
which he or she is associated;
G.
No officer or employee or any business organization in which he or
she has an interest shall represent any person or party other than
the Township in connection with any use, proceeding, application or
other matter pending before any agency of the Township of Mine Hill.
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 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;
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 his or her immediate family, whether directly or indirectly
in return therefor;
J.
Nothing shall prohibit any officer or employee of the Township of
Mine Hill, or members of his or her immediate family, from representing
himself, herself or themselves in negotiations or proceedings concerning
his, her or their own interests;
K.
No officer or employee elected or appointed to 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 government
affairs of the Township;
L.
No officer or employee elected or appointed to the Township shall
approve or disapprove and in any way recommend the payment of any
bill, voucher, or indebtedness owed by the Township in which he has
a direct or indirect personal, pecuniary or private interest;
M.
No officer or employee elected or appointed to 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 himself 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 are provided as a matter of stated public
policy for the use of officials and employees in the conduct of official
business;
N.
To avoid the appearance of impropriety, no officer or employee of
the Township of Mine Hill shall meet in private with any developer,
contractor, applicant, appellant or other person or their representatives,
where such developer, contractor, applicant, or appellant or other
person or their representatives has a pending, uncompleted matter
filed with the Council or the Planning Board, which, in the ordinary
course of events, will call upon such Council person or Planning Board
member to exercise their legislative or quasi-judicial powers, unless
such a private meeting has been directly authorized by the body in
which membership is held or the individual member files a notice with
the Township Clerk disclosing that such a meeting will take place,
the anticipated location of such meeting and the purpose, if any,
of such meeting. Unplanned or inadvertent meetings should be avoided.
However, in recognition of the fact that occasional inadvertent or
unplanned meetings occurred, a member involved in an unplanned or
inadvertent meeting prescribed hereunder shall file a notice with
the Township Clerk immediately subsequent to such meeting disclosing
that such unplanned or inadvertent meeting has taken place. The Township
Clerk shall maintain the file regarding such notices which shall be
available for public inspection on reasonable advance notice.
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 his or her immediate family during the
preceding calendar year. Individual client fees, customer receipts
or commissions on transaction received through a business organization
need not be separately reported as sources of income. If publicly
traded security is the source of income, the security need not be
reported unless the officer or member of his or her 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 officer or a member of his or her 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 his or her
immediately family during the preceding calendar year;
(4)
The name and address of all business organizations in which the local
government officer or a member of his or her 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 his or her immediate
family held an interest during the preceding calendar year.
B.
If a financial disclosure statement form has been promulgated by
the New Jersey Local Finance Board, in accordance with New Jersey
Local Government Ethics Law, 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. All subsequent statements shall be filed on or before
April 30 of each year, except that officers shall file a financial
disclosure statement within 30 days of taking office.[1]
D.
All financial disclosure statements filed shall be public records.
