This chapter shall be known and may be cited as the "Ethical
Code of the Township of Washington."
The Township Council of the Township of Washington 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.
All terms herein and hereinafter stated, including but not limited
to "agency," "board," "business organization," "commission," "governing
body," "interest," "local government agency," "local government employee,"
"local government officer," "local government officer or employee"
and "member of immediate family," are intended and shall be defined
in a manner as stated in the Local Government Ethics Law, P.L. 1991,
c. 29, N.J.S.A. 40A:9-22.1.
Officers and employees of the Township of Washington shall comply
with and observe the following standards:
A. No officer or employee of the Township of Washington 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 the 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 or 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 immediate family or
any business organization in which he or she 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
him, directly or indirectly, in the discharge of his or 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 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 or herself, 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 of Washington in connection with any cause, proceeding,
application or other matter pending before any agency of the Township
of Washington. 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 Washington 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. No officer or employee elected or appointed in the Township of Washington
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 of Washington.
K. Nothing herein stated is intended to prohibit any officer or employee
of the Township of Washington or members of his or her immediate family
from representing himself or herself or themselves in negotiations
or proceedings concerning his, her or their own interest; provided,
further, that no local government officer shall be deemed in conflict
with the above specified standards nor are the same intended to prohibit
the following:
(1) Said 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 in an instance where no material or
monetary gain accrues to said officer individually or 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.
(2) Said officer's 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 member of his or her immediate
family, whether directly or indirectly, in return therefor.
L. No officer or employee shall approve or disapprove or in any way
recommend the payment of any bill, voucher or indebtedness owed or
allegedly owed by the Township of Washington in which he or she has
a direct personal, pecuniary or private interest.
M. No officer or employee elected or appointed in the Township of Washington
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 is provided as a matter
of stated public policy for the use of officials and employees in
the conduct of official business.
The responsibilities and duties exercised by the Municipal Ethics
Board, including but not limited to the enforcement of the provisions
of the Municipal Code of Ethics and financial disclosure requirements
against officers or employees serving the Township, shall be performed
by the New Jersey Local Finance Board, as authorized pursuant to N.J.S.A.
40A:9-22.7 et seq. Each and all of the regulations, provisions, penalties,
conditions and terms thereof are hereby referred to, adopted and made
a part hereof as if fully set out in this chapter.