[HISTORY: Adopted by the Township Committee of the Township of Raritan by Ord. No. 07-44 (Ch. 2.98 of the 2000 Code). Amendments noted where applicable.]
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.
MEMBER OF IMMEDIATE FAMILY
The spouse or dependent child of a Township officer or employee residing in the same household.
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.
TOWNSHIP OFFICER OR EMPLOYEE
A Raritan Township officer or employee.
A. 
All elected and appointed officers or employees of the Township shall comply with the following provisions:
(1) 
No Township officer or employee or member of his 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 duties in the public interest;
(2) 
No Township officer or employee shall use or attempt to use his official position to secure unwarranted privileges or advantages for himself or others;
(3) 
No Township officer or employee shall act in his official capacity in any matter where he, a member of his immediate family, a relative as defined in § 58-7A, or a business organization in which he has an interest has a direct or indirect financial or personal involvement that might reasonably be expected to impair his objectivity or independence of judgment;
(4) 
No Township officer or employee shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his independence of judgment in the exercise of his official duties;
(5) 
No Township officer or employee, member of his immediate family, or business organization in which he has an interest shall solicit or accept any gift, favor, loan, 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 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 Township officer has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the Township officer in the discharge of his official duties;
(6) 
No Township officer or employee shall use, or allow to be used, his public office or employment, or any information, not generally available to the members of the public, which he receives or acquires in the course of and by reason of his office or employment, for the purpose of securing financial gain for himself, any member of his immediate family, a relative as defined in § 58-7A, or any business organization with which he is associated; and
(7) 
No Township officer or employee or business organization in which he has an interest shall represent any person or party other than the local government in connection with any cause, proceeding, application or other matter pending before any agency in the Township. This provision shall not be deemed to prohibit one Township employee from representing another Township employee where the Township is the employer and the representation is within the context of official labor union or similar representational responsibilities.
B. 
No Township officer shall be deemed in conflict with these provisions if, by reason of his participation in the enactment of any ordinance, resolution or other matter required to be voted upon, no material or monetary gain accrues to him 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.
C. 
No elected Township 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 immediate family, whether directly or indirectly, in return therefor.
D. 
Nothing shall prohibit any Township officer or employee, or members of his immediate family, from representing himself, or themselves, in negotiations or proceedings concerning his, or their, own interests.
A. 
Unlawful gift. An unlawful gift is any gift, whether in the form of cash, loans, services, commissions, tips, rewards, discounts, entertainment, meals, trips, transportation, lodging, honoraria, reimbursement of expenses, full or partial forgiveness of indebtedness, a thing of economic value in any form, or the promise of a gift, in excess of $100 on an annual calendar year basis, from any person, firm, corporation, lobbyist, or other entity, which is intended to influence the action or decisionmaking of any Township elected or appointed officer, professional or employee with regard to Township business.
B. 
Prohibition. No Township Committee member; board member, including but not limited to planning, zoning and health boards; commission member; Raritan Township Municipal Utilities Authority (RTMUA) member; agent; salaried officer; employee; or any member of their immediate family shall accept any gift which to their knowledge is an unlawful gift intended to influence that individual's actions or decisionmaking with regards to Township business.
C. 
Disclosure of violation. Violations of this section shall be fully and publicly disclosed by the Township no later than 30 days after discovered.
D. 
Penalty for violation.
(1) 
Elected public official. Any violation of this section by an elected public official shall result in a fine payable to the Township of three times the value of the gift, the value of which is to be determined in the Township's sole discretion.
(2) 
Unelected individual. Any violation of this section may result in dismissal or other appropriate sanctions as determined by the appointing authority of the unelected individual committing such violation and shall result in a fine payable to the Township of twice the value of the gift, the value of which is to be determined in the Township's sole discretion.
E. 
Payment of expenses. Where a public official participates in an event which bears a reasonable relationship to the public official's office and when appearing in an official capacity, where prior approval has been given, if applicable, the Township shall pay all reasonable incurred expenses which shall be fully and publicly disclosed no later than 30 days after incurred.
A. 
Requirement. All Township elected and appointed officers and professionals must annually file a financial disclosure statement with the Township Clerk. These statements are required to be filed on or before April 30 each year.
B. 
Form of statement. The Township Clerk shall obtain the annual form of financial disclosure statement which is provided by the Local Finance Board and shall make the form available to Township elected and appointed officers and professionals serving the municipality. All financial disclosure statements filed pursuant to this section shall be on the form provided by the Township Clerk and shall include the following information which shall specify, where applicable, the name and address of each source and the individual's job or title in the Township:
(1) 
Each source of income, earned or unearned, exceeding $2,000 received by the individual, or any member of his immediate family, or any adult living in the individual's household, during the preceding calendar year. Individual client fees, customer 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 individual or member of his 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 writing received by the individual or a member of his 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 the individual or a member of his immediate family during the preceding calendar year;
(4) 
The name and address of all business organizations in which the individual or a member of his immediate family had an interest during the preceding calendar year; and
(5) 
The address and brief description of all real property in the state in which the individual or a member of his immediate family held an interest during the preceding calendar year.
C. 
Disclosure. All financial disclosure statements filed with the Township Clerk by elected and appointed Township officials and professionals shall be public records and disclosable to members of the public upon written request, in accordance with the Township's usual and customary public records request procedures.
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)]
A. 
Purpose. It is the purpose of this chapter to provide a method of assuring that the standards of ethical conduct and financial disclosure requirements shall be clear, consistent, uniform in their application, and enforceable.
B. 
Guidelines for all board members and Township officials. No board member shall act on a matter where his employer, employee, partner, or a corporation in which he is a shareholder or has a financial interest has any business or contractual relationship in or with the applicant. All board members, when acting in their official capacity, must adhere to the following additional ethical standards:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Direct financial interest.
(a) 
If a board member, a board member's spouse or other adult member of the board member's household or a relative of the board member has a direct employment relationship with the applicant or any of the applicant's professionals, disclosure and recusal are required.
(b) 
If an adult relative, living outside the board member's home, has a direct employment relationship with the applicant or any of the applicant's professionals, the board member is required to make full disclosure regarding the relationship but may act on the application if he or she believes that he or she can do so without conflict.
(c) 
If a board member directly owns over $10,000 of stock in a publicly traded corporation with an application before the board, recusal is required. If the stock has a value less than $10,000, only disclosure is required.
(d) 
If a board member, a board member's spouse or other adult member of the board member's household or a relative of the board member has any other formal, not casual, business or contractual relationship with the applicant or any of applicant's professionals, recusal is required.
(e) 
If a board member had a business, employment or contractual relationship which has been discontinued, recusal is required for an additional two years after termination and disclosure for an additional three years.
(f) 
If a board member's spouse or adult member of the board member's household or a relative of a board member had a business, employment or contractual relationship with the applicant which has been discontinued, disclosure is required for two years after termination but recusal is not mandated.
(2) 
Indirect financial interest.
(a) 
When an applicant is in direct competition with a board member's business, his or her spouse's business or either of their employers' business, recusal is required.
(b) 
If a board member resides or owns property within the 200-foot notice area of an application, recusal is required.
(3) 
Direct personal interest.
(a) 
If the applicant or the applicant's professional is a family member of a board member within three degrees of consanguinity, disclosure and recusal is required.
(b) 
When a board member is otherwise related to an applicant, an applicant's professional or to an individual who works with the professional on the application, that relationship must be disclosed.
(c) 
If a board member has a close personal or social relationship with an applicant, an applicant's professional or an objector, disclosure is required.
(4) 
Indirect personal interest. If a board member is an active member of a church, temple, mosque or social organization (i.e., Elks, etc.) which is appearing before the Board as an applicant or objector, recusal is required.
(5) 
Applicant's professionals.
(a) 
If a board member has an ongoing business relationship with an applicant's professional, recusal is required.
(b) 
If a board member, a board member's spouse or other adult member of the board member's household, or a relative of a board member has a direct employment relationship with a professional engaged by the applicant in connection with the application, recusal is required.
(c) 
If a board member or a board member's spouse or a relative of a board member had a prior relationship with the applicant's professional, recusal is required for three years from the date of the last professional contact. Disclosure is required for another two years by the board member and the applicant.
(d) 
If any other member of the immediate family of a board member or a relative of a board member had a prior relationship with the applicant's professional, disclosure is required by the board member and the applicant for three years after termination, but recusal is not mandated.
(e) 
When an applicant's professional is in direct competition with a board member's business or his or her spouse's business, recusal is required.
(f) 
When an applicant's professional is in direct competition with a board member's employer or a board member's spouse's employer, disclosure is required by the board member and the applicant.
(g) 
Where any of the applicant's professionals has a formal (not casual) business or contractual relationship with a board professional or a municipal professional, that relationship must be disclosed by the applicant.
(h) 
Any known relationship, present or past, between any family member of a board member and an applicant and/or an applicant's professional or an affiliate of the applicant or the applicant's professional must be disclosed by the board member and the applicant.
(6) 
Relationships with objectors. The foregoing standards apply as if the objector were the applicant.
(7) 
Board and Township professionals. Board or Township professionals, including but not limited to the Township Planner, the board attorney, the board engineer or Township engineers, doing business elsewhere, must disclose all relationships with an applicant or the applicant's professionals and recuse themselves if they are currently doing work for any of those individuals or entities or have done so within the year preceding the application.
(8) 
Nature of recusal or disclosure. When a board member recuses himself or herself, he or she must disclose only the nature of the relationship requiring recusal, i.e., family, business, social. When disclosure is required in lieu of recusal, full detail regarding the nature of the relationship and the person with whom the relationship exists or existed must be disclosed on the public record.
C. 
Consultation with board counsel or Township Attorney. Board members and Township officials are encouraged to consult counsel if they are unclear as to whether recusal or disclosure is required. If counsel is consulted and a board member follows counsel's advice, he or she shall be deemed to be in compliance with this code of ethical conduct.
[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.