This chapter shall be known and may be cited
as the "Ethical Code of the Borough of Montvale."
The Mayor and Council of the Borough of Montvale
find and declare 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All terms herein and hereinafter stated, including,
but not limited to, "agency," "board," "business organization," "commission,"
"governing body," "interest," "local government agency," "local government
employee," "local government officer," "local government officer or
employee" and "member of immediate family" are intended and shall
be defined in a manner as stated in the Local Government Ethics Law,
P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq.
Officers and employees of the Borough of Montvale
shall comply with and observe the following standards:
A. No officer or employee
of the Borough of Montvale 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
the 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 or employment for the purpose of securing financial
gain for himself or herself, 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 of Montvale in
connection with any cause, proceeding, application or other matter
pending before any agency of the Borough of Montvale. 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 Montvale 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 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. No officer or employee
elected or appointed in the Borough of Montvale 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 Borough of Montvale.
K. Nothing herein
stated is intended to prohibit any officer or employee of the Borough
of Montvale or members of his or her immediate family from representing
himself or herself or themselves in negotiations or proceedings concerning
his, her or their own interest; provided, further, that no local government
officer shall be deemed in conflict with the above specified standards
nor are the same intended to prohibit the following:
(1) Said officer's
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 in an instance where no material or monetary gain
accrues to said officer individually or 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.
(2) Said officer's
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 member of his or her immediate family, whether directly
or indirectly, in return therefor.
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 owed by the Borough
of Montvale in which he or she has a direct personal, pecuniary or
private interest.
M. No officer or employee
elected or appointed in the Borough of Montvale 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 is provided as a matter of stated public policy for
the use of officials and employees in the conduct of official business.
[Amended 7-12-1994 by Ord. No. 94-970]
The responsibilities and duties exercised by
the Municipal Ethics Board, including, but not limited to, the enforcement
of the provisions of the Municipal Code of Ethics and financial disclosure
requirements against officers or employees serving the Borough, shall
be performed by the New Jersey Local Finance Board, as authorized
pursuant to N.J.S.A. 40A:9-22.7 et seq. Each and all of the regulations,
provisions, penalties, conditions and terms thereof are hereby referred
to, adopted and made a part hereof as if fully set out in this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Violation of this chapter shall be subject to the penalties
prescribed in N.J.S.A. 40A:9-22.10.