[Ord. No. 1431 § IV]
The public has the right to expect that every municipal official
will conduct himself/herself in a manner that will tend to preserve
public confidence in and respect for the government he/she represents.
Such confidence and respect may best be promoted if every municipal
official remains independent, impartial and responsive to the public,
and avoids both actual and potential conflicts between his/her private
self-interest.
[Ord. No. 1431 § IV]
This section shall be known and may be cited as the "City of
Sea Isle City Code of Ethics."
[Ord. No. 1431 § IV]
The Council 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 interest
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.
[Ord. No. 1431 § IV]
a.
It is the purpose of this section to provide a method of assuring
that standards of ethical conduct and financial disclosure requirements
for officers and employees of the City shall be clear, consistent,
uniform in their application, enforceable, and to provide those officers
or employees with advice and information concerning possible conflicts
of interests which might arise in the conduct of their public duties.
b.
It is the further purpose of this section to implement the provisions
of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq.
c.
This section is enacted under the authority of the Local Government
Ethics Law, N.J.S.A. 40A:9-22.1 et seq., and under further authority
granted to the City of Sea Isle City under the provisions of Titles
40 and 40A of the New Jersey Statutes.
[Ord. No. 1431 § IV]
As used in this section:
Shall mean any agency, board, governing body, including the
chief executive officer, office, commission or other instrumentality
within the City of Sea Isle City and any independent local authority
created by or appointed under the authority of the City of Sea Isle
City, which performs functions other than of a purely advisory nature.
Shall mean any corporation, partnership, firm, enterprise,
franchise, association, trust sole proprietorship, union or other
legal entity.
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.
Shall mean the ownership or control of more than 10% 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.
Shall mean the spouse or dependent child of an officer or
employee residing in the same household.
Shall mean any person, whether compensated or not, whether
part-time or full-time who is one of the following:
Mayor;
Members of the Council;
City Attorney;
City Business Administrator;
Planning Board Attorney;
Zoning Board Attorney;
Prosecutor;
City Engineer;
Members of the Planning Board;
Members of the Zoning Board;
Sea Isle City Clerk;
Purchasing Director;
Treasurer;
Superintendent of Public Works;
Superintendent of Water and Sewer;
Chief of Police;
Construction Official;
Zoning Officer;
Sea Isle City Judge;
Sea Isle City Public Defender;
Fire Chief;
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 City of Sea Isle City or
of any agency created under the authority of or appointed by the City
of Sea Isle City.
Shall mean an officer or employee of the City of Sea Isle
City or of an agency under the authority of or appointed by the City
of Sea Isle City.
[Ord. No. 1431 § IV]
Officers and employees of the City of Sea Isle City shall comply
with the following provisions:
a.
No officer or employee of the City 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 a
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/herself
or others.
c.
No officer or employee shall act in his or her official capacity
in any matter where he/she, a member of his/her immediate family,
or any business organization in which he/she has an interest, has
a direct or indirect financial or personal involvement that might
reasonably be expected to impair his/her objectivity or independence
of 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/her
official duties.
e.
No officer or employee, member or his/her immediate family, or any
business organization in which he/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/her directly or indirectly, in the discharge of his/her official
duties. This provision shall not apply to the solicitation or acceptance
of contributions to the campaign; contribution, if accepted, was given
with the intent to influence the office in the discharge of his/her
official duties.
f.
No officer or employee shall use, or allow to be used, his/her public
employment, or any information not generally available to the members
of the public, which he/she receives or acquires in the course of
and by reason of his/her office or employment, for the purpose of
securing financial gain for himself/herself, any member of his/her
immediate family, or any business organization with which he/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 City in connection with any cause, proceeding, application or
other matter pending before any agency of the City of Sea Isle City.
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 City of Sea Isle City
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/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/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 City of Sea
Isle City or members of his or her immediate family, from representing
himself, herself, or themselves in negotiations or proceedings concerning
his, her or their interests.
k.
No officer or employee elected or appointed in the City 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 City.
l.
No officer or employee shall approve, disapprove or in any way recommend
the payment of any bill, voucher or indebtedness owed or allegedly
owed by the City in which he/she has a direct or indirect personal,
pecuniary or private interest.
m.
No officer or employee elected or appointed in the City 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/herself 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. No. 1431 § IV]
a.
Officers of the City shall annually file a financial disclosure statement.
All financial disclosure statements shall include the following information
which shall specify, where applicable, the name and address of each
source and the officer's job title:
1.
Each source of income, earned or unearned, exceeding $2,000 received
by the officer or a member of his/her immediate family during the
preceding calendar year. Individual client fees, customers' receipts
or commissions on transactions received through a business organization
need not be separately reported as sources of income. If a publicly
traded security is the source of income, the security need not be
reported unless the local government officer or member of his/her
immediate family has an interest in the business organization.
2.
Each source of fees and honorariums having an aggregate amount exceeding
$250 from any single source for personal appearances, speeches or
writings received by the local government officer or a member of his/her
immediate family during the preceding calendar year.
3.
Each source of gifts, reimbursements or prepaid expenses having an
aggregate value exceeding $400 from any single source, excluding relatives,
received by a local government officer or a member of his/her immediate
family during the preceding calendar year.
4.
The name and address of all business organizations in which the local
government officer or a member of his/her immediate family had an
interest during the preceding calendar year.
5.
The address and brief description of all real property in the State
in which the local government officer or a member of his or her immediate
family held an interest during the preceding calendar year.
b.
A financial disclosure statement form has been promulgated by the
New Jersey Local Finance Board, in accordance with the New Jersey
Local Government Ethics Law, which form shall be used. The City Clerk
shall make the forms available to the officers and employees required
to file a financial disclosure statement.
c.
The original statement shall be filed with the City within 90 days
after the effective date of the New Jersey Local Government Ethics
Law. All subsequent statements shall be filed on or before April 30
of each year. A copy of the statement shall be filed with the City
of Sea Isle City Ethical Standards Board.
d.
All financial disclosure statements filed shall be public record.
[Ord. No. 1431 § IV]
A local government officer or employee not regulated by a Municipal
Code of Ethics may request and obtain from the Local Finance Board
an advisory opinion as to whether any proposed activity or conduct
would in its opinion constitute a violation of the provisions of this
section. Advisory opinions of the Board shall not be made public,
except when the Board by the vote of 2/3 of all of its members directs
that the opinion be made public. Public advisory opinions shall not
disclose the name of the local government officer or employee unless
the Commission in directing that the opinion be made public so determines.
[Ord. No. 1431 § IV]
The Local Finance Board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee, not regulated by a Municipal Code of Ethics, and such conduct is in conflict with the provisions of this section, shall acknowledge receipt of the complaint within 30 days of receipt and initiate an investigation concerning the facts and circumstances set forth in the complaint. The Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. If the Board shall conclude that the complaint is outside of its jurisdiction, frivolous or without factual basis, it shall reduce that conclusion to writing and shall transmit a copy thereof to the complainant and to the local government officer or employee against whom the complaint was filed. Otherwise, the Board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The officer or employee shall have the opportunity to present the Board with any statement or information concerning the complaint which he/she wishes. Thereafter, if the Board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the provisions of this section, the Board shall conduct a hearing in the manner prescribed in subsection 2-22.11 concerning the possible violation and any other facts and circumstances which may have come to the attention of the officer or employee. The Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the provisions of this section. This decision shall be made by no less than 2/3 of all members of the Board. If the Board determines that the officer or employee is in conflict with the provisions of this section, it may impose any penalties which it believes appropriate within the limitations of this act. A final decision of the Board may be appealed in the same manner as any other State agency decision.
a.
An appointed local government officer or employee found guilty by
the Local Finance Board or a Municipal Ethics Board of the violation
of any provisions of this section or of any Code of Ethics in effect
pursuant to this section, shall be fined not less than $100 nor more
than $500, which penalty shall be collected in a summary proceeding
pursuant to the "Penalty Enforcement Law" (N.J.S.A. 2A:58-1). The
Board or a Municipal Ethics Board shall report its findings to the
office or agency having the power of removal or discipline of the
appointed local government officer or employee and may recommend that
further disciplinary action be taken.
b.
An elected local government officer or employee found guilty by the
Local Finance Board or a Municipal Ethics Board of the violation of
any provision of this section or of any Code of Ethics in effect pursuant
to this section shall be fined not less than $100 nor more than $500,
which penalty may be collected in a summary proceeding pursuant to
the "Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et seq.).
[Ord. No. 1431 § IV]
The findings of the Local Finance Board or a Municipal Ethics
Board that an appointed local government officer or employee is guilty
of the violation of the provisions of this section, or of any Code
of Ethics in effect pursuant to this section, shall be sufficient
cause for his/her removal, suspension, demotion or other disciplinary
action by the officer or agency having the power of removal or discipline.
When a person, who is in the career service, is charged with violating
the provisions of this section, the procedure leading to removal,
suspension, demotion or other disciplinary action shall be governed
by any applicable procedures of Title 11A of the New Jersey Statutes
and the rules promulgated pursuant thereto.
[Ord. No. 1431 § IV]
All hearings required pursuant to this section shall be conducted
in conformity with the rules and procedures, insofar as they may be
applicable, provided for hearings by a State agency in contested cases
under the "Administrative Procedure Act," N.J.S.A. 52:14B-1 et seq.
