This chapter shall be known and may be cited as the "City of Beverly Code of Ethics."
[HISTORY: Adopted by the Common Council of the City of Beverly 5-27-2008 by Ord. No. 2008-8. Amendments noted where applicable.]
A.
Purpose.
(1)
It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the City of Beverly shall be clear, consistent, uniform in their application and enforceable and to provide those officers or employees with advice and information concerning possible conflicts of interest which might arise in the conduct of their public duties.
(2)
It is the further purpose of this chapter to implement the provisions of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq.
B.
Authority. This chapter is enacted under the authority of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq., and under the further authority granted to the City of Beverly under the provisions of Titles 40 and 40A of the New Jersey Statutes Annotated.[1]
[1]
Editor's Note: See N.J.S.A. 40:1-1 et seq., and N.J.S.A. 40A:1-1 et seq., respectively.
As used in this chapter, the following terms shall have the meanings indicated:
Any agency, board, governing body, including the chief executive officer, office, commission or other instrumentality within the City of Beverly, and any independent local authority created by or appointed under the authority of the City of Beverly which performs functions other than of a purely advisory nature.
Any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union or other legal entity.
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.
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 nonunion profit entity or labor union.
The spouse or dependent child of an officer or employee residing in the same household.
Any person, whether compensated or not, whether part-time or full-time, who is one of the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Mayor.
Member of the Common Council.
City Administrator.
City Clerk.
Assistant City Administrator.
Deputy City Clerk.
Joint Land Use Board member.
Secretary, Joint Land Use Board.
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 Beverly or of an agency created under the authority of or appointed by the City of Beverly.
Any other person determined to be an officer of the City pursuant to the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., or by the Local Finance Board of the Department of Community Affairs.
An officer or employee of the City of Beverly or of an agency under the authority of or appointed by the City of Beverly.
Officers and employees of the City of Beverly shall comply with the following provisions:
A.
No officer or employee of the City of Beverly 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 or she, 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 or her, directly or indirectly, in the discharge of his or her official duties. This subsection 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 of 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 City, in connection with any cause, proceeding, application or other matter pending before any agency of the City of Beverly. This subsection 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 subsection be applicable to the City Public Defender with respect to representation of defendants in the Municipal Court.
H.
No officer shall be deemed in conflict with this section 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 City of Beverly 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 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 elected or appointed in the City shall approve or disapprove or in any way recommend the payment of any bill, voucher or indebtedness owed or allegedly owed by the City in which he or 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 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.
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 or her immediate family 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 local government officer or member of his or 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 or 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 the local government officer or a member of his or 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 or 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.
The form of financial disclosure statement shall be that promulgated by the New Jersey Local Finance Board, in accordance with the New Jersey Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.). The City Clerk shall make the financial disclosure statement forms available to all local government officers, as defined in the Local Government Ethics Law, required to file them.
C.
The original statement shall be filed with the City Clerk within 90 days after the effective date of this chapter or the effective date of the New Jersey Local Government Ethics Law, whichever shall first occur. 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 Clerk.
D.
All financial disclosure statements filed shall be public records.
A local government officer or employee 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 chapter or the Local Government Ethics Law.[1] Advisory opinions of the Board shall not be made public, except when the Board, by the vote of two-thirds 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 Board, in directing that the opinion be made public, so determines.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
Signed written complaints alleging violation of this chapter or the Local Government Ethics Law shall be forwarded to the Local Finance Board for processing in accordance with the provisions of N.J.S.A. 40A:9-22.9 and related sections of the Local Government Ethics Law.
A.
An appointed officer or employee of the City of Beverly found guilty by Local Finance Board of the violation of any provision of this chapter or of any code of ethics in effect pursuant to this chapter 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 of 1999, N.J.S.A. 2A:58-10 et seq. The Local Finance Board shall report its findings to the office or agency having the power of removal or discipline of the appointed officer or employee and may recommend that further disciplinary action be taken.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
An elected officer or employee of the City of Beverly found guilty by the Local Finance Board of the violation of any provision of this chapter or of any code of ethics in effect pursuant to this chapter 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 of 1999 (N.J.S.A. 2A:58-10 et seq.).
C.
The finding by the Local Finance Board that an appointed officer or employee of the City of Beverly is guilty of the violation of the provisions of this chapter or of any code of ethics in effect pursuant to this chapter shall be sufficient cause for his or 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 found to have violated the provisions of this chapter or any code of ethics in effect pursuant to this chapter, 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 Annotated[1] and the rules promulgated pursuant thereof.
[1]
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
All statements, complaints, requests or other written materials filed with the former City of Beverly Ethical Standards Board pursuant to this chapter and any rulings, opinions, judgments, transcripts or other official papers prepared pursuant to this chapter by the former City of Beverly Ethical Standards Board shall be preserved in the office of the City Clerk for a period of five years form the date of filing or preparation or the date of this chapter, whichever is earlier.