[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 6-3-2009 by Ord.
No. 2009-6 (Ch. 14 of the 1986 Code). Amendments
noted where applicable.]
A.
No Borough official or employee or member of his/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/her duties in the public
interest;
B.
No Borough official or employee shall use or attempt to use his/her
official position to secure unwarranted privileges or advantages for
himself/herself or others;
C.
No Borough official or employee shall act in his/her official capacity
in any matter where he/she, a member of his/her immediate family,
or a business organization in which he/she has an interest has a direct
or indirect financial or personal involvement that might reasonably
be expected to impair his/her objectivity or independence of judgment;
D.
No Borough official or employee shall undertake any employment or
service, whether compensated or not, which might reasonably be expected
to prejudice his/her independence of judgment in the exercise of his/her
official duties;
E.
No Borough official or employee, member of his/her immediate family,
or business organization in which he/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/her, directly or indirectly, in the discharge of his/her 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 Borough official has no knowledge or reason
to believe that the campaign contribution, if accepted, was given
with the intent to influence the Borough official in the discharge
of his/her official duties;
F.
No Borough official or employee shall use, or allow to be used, his
public office or employment, or any information, not generally available
to the members of the public, which he receives or acquires in the
course of and by reason of his office or employment, for the purpose
of securing financial gain for himself, any member of his immediate
family, or any business organization with which he is associated;
G.
No Borough official or employee or business organization in which
he/she has an interest shall represent any person or party other than
the Borough in connection with any cause, proceeding, application
or other matter pending before any agency in the Borough in which
he/she serves. This provision shall not be deemed to prohibit one
Borough employee from representing another Borough employee where
the Borough agency is the employer and the representation is within
the context of official labor union or similar representational responsibilities;
H.
No Borough official 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 or which is subject
to executive approval or veto, no material or monetary gain accrues
to him/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 Borough official 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 official
or a member of his/her immediate family, whether directly or indirectly,
in return therefor; and
J.
Nothing shall prohibit any Borough official or employee, or members
of his/her immediate family, from representing himself/herself, or
themselves, in negotiations or proceedings concerning his/her, or
their, own interests.
All Borough officials shall annually file a financial disclosure
statement. The statements shall be filed with the Borough Clerk and
shall constitute an open public record. The statements shall contain
the following information:
A.
Each source of income, earned or unearned, exceeding $2,000 received
by the Borough official or a member of his/her 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 Borough official or member of his/her immediate
family has an interest in the business organization;
B.
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 Borough official or a member of his/her immediate
family during the preceding calendar year;
C.
Each source of gifts, reimbursements or prepaid expenses having an
aggregate value exceeding $400 from any single source, excluding relatives,
received by the Borough official or a member of his/her immediate
family during the preceding calendar year;
D.
The name and address of all business organizations in which the Borough
official or a member of his/her immediate family had an interest during
the preceding calendar year; and
E.
The address and brief description of all real property in the state
in which the Borough official or a member of his/her immediate family
held an interest during the preceding calendar year.
As used in this chapter, the following terms shall have the
meanings indicated:
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
The Penns Grove Mayor and Council.
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.
This chapter is intended to be consistent with the Code of Ethics
for Local Government Ethics Law under jurisdiction of the Local Finance
Board as set forth in N.J.S.A. 40A:9-22.1 et seq.
B.
Any person alleging that a Borough official or employee has engaged
in conduct which is in violation of this chapter may file a written
and signed complaint with the Local Finance Board in the Division
of Local Government Services of the New Jersey Department of Community
Affairs.
