[1]
Charter reference: As to City's authority to adopt a Code
of Ethics, see Charter 7.5 (1968).
[Ordinance adopted Mar. 2, 1970]
(a)
The public judges its government by the way public officials and
employees conduct themselves in the posts to which they are elected
or appointed.
(b)
The people have a right to expect that every public official and
employee will conduct himself in a manner that will tend to preserve
public confidence in and respect for the government he represents.
(c)
Such confidence and respect can best be promoted if every public
official and employee, whether paid or unpaid, and whether elected
or appointed, will uniformly:
(d)
To help public officials and employees achieve these goals is one
of the objectives of the Code of Ethics.
(e)
The otter objective is based on the proposition that no man can serve
two masters, nor should he attempt to do so. Therefore, this Code
of Ethics proposes to relieve him of the impossible task of judging
himself. Instead, under the provisions of the Charter, this Code places
judgment in the hands of the Council which will review the facts and
measure them by the yardstick of public morality established by this
Code.
[Ordinance adopted March 2, 1970]
The terms used in this Code of Ethics are hereby defined as
follows:
(a)
Financial interest. Any interest which shall yield, directly or indirectly,
a monetary or other material benefit (other than the duly authorized
salary or compensation for his services to the City) to the official
or employee or to any person employing or retaining the services of
the official or employee.
(b)
Official or employee. Any person elected or appointed to, or employed
or retained by, any public office or public body of the municipality
whether paid or unpaid and whether part-time or full-time.
(c)
Personal interest. Any interest arising from blood or marriage relationships
or from close business or political association whether or not any
financial interest is involved.
(d)
Public body. Any agency, board, body, commission, committee, department
or office of the City.
[Ordinance adopted March 2, 1970]
No official or employee shall grant or make available to any
person any consideration, treatment, advantage or favor beyond that
which it is the general practice to grant or make available to the
public at large.
[Ordinance adopted March 2, 1970 as amended by MC 1985-20,
§ 1, November 18, 1985]
(a)
No official or employee shall request, use, or permit, the use of
any publicly-owned or publicly-supported property, vehicle, equipment,
labor or service for personal convenience or the private advantage
of himself or any other person. This rule shall not be deemed to prohibit
an official or employee from requesting, using or permitting the use
of such publicly-owned or publicly-supported property, vehicle, equipment,
material, labor or service which 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.
(b)
All publicly-owned or publicly-supported vehicles and/or equipment
shall be identified by the placement of the official City of Plainfield
logos on the doors and/or trunk or such other location on such vehicles
and/or equipment so as to make, at all times, said official logos
visible to the public. At no time, while such vehicles and/or equipment
are the property of the City of Plainfield, shall the official logos
be removed, except to replace same where such action is required due
to ordinary wear and tear, vandalism, or some other cause unrelated
to official action. Nothing herein shall be construed to prevent removal
of the official City logos where said vehicles and/or equipment are
sold or otherwise disposed of by and with the written approval of
the City Council of the City of Plainfield.
(c)
It shall hereafter be required that all publicly-owned or publicly-supported
vehicles and/or equipment be further identified by official State
of New Jersey municipal license plates, duly purchased and placed
on the front and rear of such vehicles and/or equipment where appropriate
for the lawful use of same. Nothing herein shall be construed to prevent
the removal of said official State of New Jersey municipal license
plates where said vehicles and/or equipment is sold or otherwise disposed
of by and with the written approval of the City Council of the City
of Plainfield.
(d)
All officials and employees who, after a proper request and approval,
make use of any publicly-owned or publicly-supported vehicle and/or
equipment shall, before such use, document to the appropriate City
official or employee permitting use of same, the mileage indicated
on the vehicle and/or equipment odometer or other instrument used
to indicate mileage, and upon the return of such vehicle and/or equipment,
document and record the mileage then indicated. Every such person
shall further be required before the approved use of such vehicles
and/or equipment, to list, in addition to the mileage as hereinbefore
set out, the name of such official or employee, and purpose of the
usage of such vehicle and/or equipment, the time such vehicle and/or
equipment is taken out and the time of return.
(e)
The City Administrator or his designee shall maintain complete records
of the use of all publicly-owned or publicly-supported vehicles and/or
equipment consistent with this section. It shall further be required
that all records and information maintained pursuant to this section
shall be provided to the City Council or any member thereof upon request.
(f)
Nothing herein shall be construed to prevent publicly-owned or publicly-supported
vehicles and/or equipment designated for official police undercover
work or other special police assignment to be subject to any requirement
relating to the placement of official City of Plainfield logos and/or
New Jersey municipal license plates. However, in all other respects,
such police vehicles shall be subject to the remaining provisions
contained herein.
(g)
The City Council of the City of Plainfield may, upon the request
of the Mayor or his designee, waive any provision contained herein
upon the showing of good cause and public interest. Any such waiver
by the City Council shall be memorialized by resolution setting out
the waiver, reasons therefor, time period for any such waiver, and
other pertinent conditions deemed appropriate by the Council. Nothing
herein shall be construed to permit any waiver for the private use
of any publicly-owned or publicly-supported vehicle and/or equipment
by any official or employee of the City of Plainfield.
(h)
Any official and/or employee found to have violated this section,
after notice and an opportunity to be heard, may be subject to disciplinary
action pursuant to the appropriate State Statute(s), Civil Service
Regulation(s), Plainfield Municipal Code, or other relevant regulatory
guidelines.
[Ordinance adopted March 2, 1970]
No official or employee, either on his own behalf or on behalf
of any other person, shall, unless otherwise permitted by law, have
any financial or personal interest in any business or transaction
with any public body in the City.
[Ordinance adopted March 2, 1970]
Whenever the performance of his official duties shall require
any official or employee to deliberate, vote or take action on any
matter involving his financial or personal interest, he shall publicly
disclose the nature and extent of such interest and disqualify himself
from participating in the deliberation as well as in the voting, unless
otherwise permitted by law so to act, as stated in an opinion of the
Corporation Counsel.
[Ordinance adopted March 2, 1970]
No official or employee shall engage in private employment with,
or render services for, any private person who has business transactions
with any public body of the City unless he shall first make public
disclosure of the nature and extent of such employment or services.
[Ordinance adopted March 2, 1970]
No official or employee shall appear on behalf of any private
person other than himself, before any public body in the City.
[Ordinance adopted March 2, 1970]
No official or employee shall accept any gift, whether in the
form of money, thing, favor, loan or promise, that would not be offered
or given to him if he were not an official or employee.
[Ordinance adopted March 2, 1970]
(a)
No official or employee shall, without prior formal authorization
of the public body having jurisdiction, disclose any confidential
information concerning any other official or employee, or any other
person, or any property or governmental affairs of the City.
(b)
Whether or not it shall involve disclosure, no official or employee
shall use or permit the use of any such confidential information to
advance the financial or personal interest of himself or any other
person.
[Ordinance adopted March 2, 1970]
In the event that the Council shall, under the provisions of Section 2.8 of the Charter, make a determination that the conduct of any official or employee was improper, it may, based upon written findings, conclusions and determinations, censure, suspend or remove the official or employee from office.
