This chapter shall be known and may be cited as the "Dennis
Township Code of Ethics."
The Township Committee of the Township of Dennis 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 office 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, the following terms shall have the
meanings indicated:
AGENCY
Any agency, board or governing body, including the chief
executive officer, office, commission or other instrumentality within
the Township of Dennis, and any independent local authority created
by or appointed under the authority of the Township of Dennis which
performs functions other than of a purely advisory nature.
BUSINESS ORGANIZATION
A 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 on an agency, who is not a local
government officer.
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 non-union profit entity or labor union.
OFFICER
Any person whether compensated or not, whether part-time
or full-time, who is one of the following:
(1)
Township Committee member.
(5)
Environmental Commission member.
(9)
Treasurer/Chief Financial Officer.
(10)
Superintendent of Public Works.
(17)
Code Enforcement Officer.
(19)
Deputy Municipal Court Clerk/Deputy Municipal Court Administrator.
(20)
Director, Department of Inspections.
(21)
Director, Department of Recreation.
(23)
Captain, Police Department.
(24)
Township Planning Consultant.
(26)
Township Public Defender.
(28)
Planning Board Administrator.
(29)
Zoning Board of Adjustment member.
(30)
Zoning Board of Adjustment Solicitor.
(31)
Zoning Board of Adjustment Administrator.
(32)
Local Assistance Board member.
(33)
Director of Public Assistance.
(34)
Municipal Utilities Authority member.
(35)
Municipal Utilities Authority Executive Director.
(36)
Board of Fire Commissioners member.
(38)
Board of Fire. Commissioners Attorney.
(39)
Library Board of Trustees member.
(40)
Director, Dennis Township Public Library.
(41)
Township Board of Health member.
(42)
Municipal Court Administrator/Municipal Court Clerk.
(43)
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 Dennis or of
an agency created under the authority of or appointed by the Township
of Dennis.
OFFICER OR EMPLOYEE
An officer or employee of the Township of Dennis or of an
agency under the authority of or appointed by the Township of Dennis.
Officers and employees of the Township of Dennis shall comply
with the following provisions:
A. No officer or employee of the Township of Dennis 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
under-standing 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, 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 township in connection with any cause, proceeding, application
or other matter pending before any agency of the Township of Dennis.
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 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. Nothing shall prohibit any officer or employee of the Township of
Dennis 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 provisions set forth in §
19-5 of this chapter and the provisions of N.J.S.A. 40A:9-22.1 et seq. shall serve as the Dennis Township Code of Ethics.