Editor's Note: Prior ordinances codified herein include
portions of Ordinance No. 960.
[Ord. #1040, S1]
As used in this Code of Ethics.
a.
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;
b.
Business organization means any corporation, partnership, firm, enterprise,
franchise, association, trust sole proprietorship, union or other
legal entity;
c.
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;
d.
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;
e.
Member of immediate family means the spouse or dependent child of
an officer or employee residing in the same household.
f.
Officer means any person whether compensated or not, whether part-time
or full time who is:
1.
The mayor
2.
A council member
3.
A member of the board of health
4.
A member or alternate of the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
5.
A member of any independent Borough authority, or
6.
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:
a.
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;
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 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;
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 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;
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 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;
h.
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;
i.
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.
j.
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.
k.
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.
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 owned by the borough in which he has a direct or indirect
personal, pecuniary or private interest.
m.
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]
a.
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.
1.
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.
2.
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.
3.
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.
