A code of conduct and ethical standards is necessary to ensure
the public trust and confidence of the citizens of the Township in
the fair and impartial decisionmaking of the Township's elected and
appointed officers, representatives, professionals and employees.
In order to bolster public confidence, help Township officials and
employees avoid unintended ethical dilemmas, and put in place a mechanism
which assists those providing goods and services to the Township to
avoid the embarrassment and potential economic harm that results from
inadvertent improper or unethical behavior, this chapter sets forth
the ethical standards and code of conduct which must be adhered to
by all elected and appointed officials, professionals and employees
within the Township. Inquiries, advisory opinions, violations, complaints
and penalties of this chapter shall be processed by the Local Finance
Board in accordance with N.J.S.A. 40A:9-22.7 through 40A:9-22.10.
As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS ORGANIZATION
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
EMPLOYEE
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving the Township who is not a Township
officer, but shall not mean any employee of a school district.
GOVERNING BODY
The Township Committee of Raritan Township, as defined in Chapter
148 of this Code, as may be amended from time to time.
INTEREST
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 nonprofit entity or labor union.
TOWNSHIP OFFICER
Any person, whether compensated or not, whether part-time
or full-time, elected to any office of a Township agency; serving
on a Township agency which has the authority to enact ordinances,
approve development applications or grant zoning variances; who is
a member of an independent municipal authority; or who is a managerial
executive or confidential employee of a Township agency, as defined
in Section 3 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 a school district or member of a school board.
It shall be unlawful for an elected Township Committee member
simultaneously to hold any other elective state, county or municipal
office.
A person who is a relative of a Township employee as defined
below, or residing with a Township employee, may not be hired as an
employee, promoted, transferred, demoted or reassigned, if such employment
action would result in the creation of a prohibited relationship.
A. Definitions. As used in this section,
the following terms shall have the meanings indicated:
LIVING WITH
A living arrangement among unmarried persons substantially
similar to that of a marital relationship, regardless of either person's
gender.
RELATIVE
Includes spouse, parent, stepparent, child, stepchild, sibling,
step sibling, half sibling, father-in-law, mother-in-law, sister-in-law,
brother-in-law, grandparent, grandchild, aunt, uncle, niece, nephew
and cousin.
B. Prohibited relationship. A prohibited
relationship is created when:
(1) One person would have the authority
to supervise (directly or indirectly), appoint, remove, discipline,
evaluate or otherwise affect the work or employment of the other person.
(2) One person would be responsible
for auditing the work of the other person.
(3) Other circumstances exist which
would place the persons in a situation of actual or reasonably foreseeable
conflict between the Township's interest and their own.
C. Required disclosure.
(1) Prior to employment or appointment,
all persons shall submit an official disclosure statement, disclosing
to the Township the names of relatives who work for the Township or
who are elected or appointed Township officials. The disclosure statement
shall be maintained in the individual's application folder or personnel
folder.
(2) When two incumbent Township
employees marry, commence living together, or become related, both
employees must disclose this information to the Township Administrator
as soon as practicable, but in no event later than 30 calendar days
before the employees marry, commence living together, or become related.
(3) An individual's failure to
disclose such information may result in rejection of the employment
application or the termination of employment.
D. Incumbent employees. Incumbent
employees who marry, commence living together, or become related may
continue in their employment if such continued employment does not
result in the creation of a prohibited relationship. When continued
employment results in the creation of a prohibited relationship, the
Township will explore potential accommodations, including the reassignment
of one or both employees to available positions for which the employees
are qualified. If the Township determines that an acceptable accommodation
cannot be made, the Township will notify the individuals that one
of the employees must separate their employment with the Township
within 60 calendar days. In the event the employees do not agree as
to which one shall resign, the Township will terminate the employee
it deems most appropriate to terminate.
E. This section shall apply to full-time
employment positions only and shall not be applicable to part-time,
seasonal or per diem employment positions.
F. A Township elected official is
prohibited from Township employment for a period of 60 days after
conclusion of elected office (whether by completion of his or her
term of office or by vacating his or her position) but can be appointed
by the Township Committee to a board, commission, or independent authority,
provided that any compensation for the appointment is less than $1,500.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Except where otherwise provided, a violation of this chapter
shall be subject to a fine of not less than $100 nor more than $500.