This chapter shall be known and may be cited as the "Plumsted
Township Code of Ethics."
The governing body of the Township of Plumsted 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.
As used in this chapter:
AGENCY
Shall mean any agency, board, governing body, including the
chief executive officer, office, commission or other instrumentality
within the Township of Plumsted, and any independent local authority
created by or appointed under the authority of the Township, which
performs functions other than of a purely advisory nature.
BUSINESS ORGANIZATION
Shall mean any corporation, partnership, firm, enterprise,
franchise, association, trust, sole proprietorship, union or other
legal entity.
EMPLOYEE
Shall mean any 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
Shall mean the ownership or control of more than ten percent
(10%) of the profits, assets or stock of a business organization,
but shall not include the control of assets in a union profit entity
or labor union.
OFFICER
Shall mean any person, whether compensated or not, whether
part-time or full-time, who is one of the following:
A.
Member of the Township Committee;
I.
Township Planning Consultant;
M.
Township Public Defender;
O.
Environmental Commission Member;
S.
Zoning Board of Adjustment Member;
T.
Zoning Board of Adjustment Attorney;
V.
Director of Public Assistance;
W.
Municipal Utilities Authority Member;
X.
Municipal Utilities Authority Executive Director;
Y.
Municipal Utilities Authority Attorney;
Z.
Municipal Utilities Authority Engineer;
AA.
Board of Fire Commissioners Member;
CC.
Board of Fire Commissioners Attorney;
DD.
Board of Fire Commissioners Auditor;
EE.
Any other person who is a managerial executive or confidential
employee, as defined in section 3 of the "New Jersey Employer-Employee
Relations Act," N.J.S.A. 34:13A-3, of the Township of Plumsted or
of any agency created under the authority of or appointed by the Township
of Plumsted.
OFFICER OR EMPLOYEE
Shall mean an officer or employee of the Township of Plumsted
or of an agency under the authority of or appointed by the Township.
Officers and employees of the Township of Plumsted shall comply
with the following provisions:
A. No officer or employee of the Township of Plumsted 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 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 of 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 of any business organization in which he or
she has an interest shall represent any person or party other than
the Township in connection with any cause, proceeding, application
or other matter pending before any agency of the Township of Plumsted.
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 Township Public Defender
with respect to representation of defendants in the Municipal Court;
H. No officer shall be deemed in conflict with this 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. Nothing shall prohibit any officer or employee of the Township of
Plumsted, 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 elected or appointed in the Township 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;
L. Approve or disapprove or in any way recommend the payment of any
bill, voucher or indebtedness owed or allegedly owed by the Township
in which he has a direct or indirect personal, pecuniary or private
interest;
M. No officer or employee elected or appointed in the Township 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.
The Local Finance Board in the Division of Local Government
Services, Department of Community Affairs, shall have jurisdiction
to govern and guide the conduct of Township government officers and
employee's regarding violations of the provisions of this chapter.