Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 960.
[Ord. #1040, S1]
As used in this Code of Ethics.
Agency means any agency, board, governing body, including the chief executive officer, office, commission or other instrumentality within the borough, and any independent local authority created by or appointed under the authority of the borough which performs functions other than of a purely advisory nature;
Business organization means any corporation, partnership, firm, enterprise, franchise, association, trust sole proprietorship, union or other legal entity;
Employee means and 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;
Interest means the ownership or control of more than ten (10%) percent of the profits, assets or stock of a business organization but shall not include the control of assets in a non-union profit entity or labor union;
Member of immediate family means the spouse or dependent child of an officer or employee residing in the same household.
Officer means any person whether compensated or not, whether part-time or full time who is:
A council member
A member of the board of health
A member or alternate of the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
A member of any independent Borough authority, or
Is a managerial, executive, or confidential employee of the Borough as defined in sections 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 the school board.
[Ord. #1040, S1]
Officers and employees of the Borough of Bogota shall comply with the following provisions:
No officer or employee of the borough 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;
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;
No officer or employee shall act in his or her official capacity in any matter where he, a member or 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;
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;
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 or 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;
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;
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 borough in connection with any cause, proceeding, application or other matter pending before any agency of the borough. 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 public defender with respect to representation of defendants in the municipal court;
No officer shall be deemed in conflict with this chapter 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 that any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group;
No elected officer shall be prohibited from making an inquiry for information on behalf of a constituent, if no fee, reward of 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.
Nothing in this chapter shall prohibit any officer or employee of the borough, 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.
No officer or employee 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 borough. This paragraph is not intended to impinge the right of free speech on access to public documents guaranteed by State and/or Federal law.
No officer or employee shall approve or disapprove or in any way recommend the payment of any bill, voucher or indebtedness owed or allegedly owned by the borough in which he has a direct or indirect personal, pecuniary or private interest.
No officer or employee elected or appointed in the borough 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.
[Ord. #1040, S1]
All officers, as defined in this chapter, shall file the required annual financial disclosure statement with the borough clerk, in accordance with the provisions of N.J.S.A. 40A:9-22.6.
[Ord. #1040, S1]
Violation of this Chapter. An official, borough advisor or employee, as defined herein, who violates a provision of this code in addition to any penalty that may be imposed by any other law, may be censured, fined, suspended, removed or discharged from office by the mayor and council in conformity with the applicable provisions of other State and Local Laws.
In the case of an elected or appointed official, censure and/or a fine may be imposed by the mayor and council in conformity with the provisions of other State and Local Laws.
In the case of any employee, as defined herein, censure and/or fine, suspension or discharge may be imposed by the mayor and council in conformity with the provisions of State Laws.
In case any violation occurs contrary to the provisions of this chapter, the borough attorney shall, after authorization from the borough council and in addition to other remedies set forth in the statutes or other laws of the State of New Jersey and in this chapter institute an action to enjoin, or take any other appropriate action or institute any proceeding to prevent such violation of this chapter.