[HISTORY: Adopted by the City Council of the City of Long Branch 3-9-1982
by Ord. No. 1060 (Sec. 2-30 of the 1971 Code). Amendments
noted where applicable.]
There is hereby established a Code of Ethics to regulate the conduct
and activities of the officials and employees of the City of Long Branch,
County of Monmouth and State of New Jersey.
The terms used in this chapter are hereby defined as follows:
Any interest which shall yield, directly or indirectly, a monetary
or other material benefit (other than the duly authorized salary or compensation
for his services to the municipality) to the official or employee of the municipality.
The Municipality of the City of Long Branch.
Any person elected or appointed to, or employed or retained by, any
public office or public body of the municipality, whether paid or unpaid,
and whether part-time or full-time.
Any agency, board, body, authority, commission, committee, department
or office of the municipality.
A.
No official or employee shall engage in any business
or transaction or shall have any financial or personal interest, direct or
indirect, which is incompatible with the proper discharge of his official
duties in the public interest.
(1)
"Interest" is defined as having 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.
[Added 1-14-2003 by Ord. No. 68-02]
B.
No official or employee shall engage in or accept private
employment or render services for private interests where such employment
of service is incompatible with the proper discharge of his official duties.
C.
No official or employee shall solicit, negotiate for
or promise to accept employment with any person, firm or corporation with
which he is engaged on behalf of the municipality in the transaction of business
which may be affected by his official action and which gives said person,
firm or corporation an advantage.
A.
No official or employee shall grant or make available
to any person any consideration, treatment or advantage beyond that which
is in the general practice to grant or make available to the public at large.
B.
No official or employee shall request, use or permit
the use of any publicly owned or publicly supported property, vehicle, equipment,
labor or services for the personal convenience or the private advantage of
himself or any other person. This subsection shall not, however, operate to
prohibit an official or employee from using, requesting or permitting the
use of such publicly owned or publicly supported property, vehicle, equipment,
labor or services which 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.
A.
No official or employee shall, without proper legal authorization,
disclose any confidential information concerning any other official or employee
or any other person or any property of governmental affairs of the municipality.
B.
Whether or not it shall involve disclosure, no official
or employee shall use or permit the use of any such confidential information
to advance the personal or financial interest of himself or any other person.
No official or employee shall accept any gift or gratuity, whether in
the form of service, loan or corporation, the acceptance of which would influence
him in the discharge of his official duties on behalf of the municipality.
No official or employee shall represent private interests, other than
those of himself, before any public body in the municipality.
A.
No official or employee shall vote for the adoption or
defeat of any legislation for the payment or nonpayment of any indebtedness
owing or allegedly owing by the municipality in which he has any financial
interest, directly or indirectly, nor shall any official or employee recommend
or lobby for the adoption or defeat of any legislation or for the institution
of defense of any legal or quasi-legal action whatever in which he has or
may have a financial interest, whether said interest be direct or indirect.
B.
Any official or employee who has or may have such interest
in such legislation, indebtedness or action and who participates in discussion
with or gives an official opinion to the Council or to any board or agency
of the municipality with respect thereto shall disclose on the records of
the Council or said board or agency the nature and extent of such interest.
A.
No official or employee who has financial interest in
any transaction or contract with the municipality or in the sale or purchase
of materials, real estate, supplies or services to or from said municipality
shall vote in favor or in opposition to said transaction or contract, irrespective
of whether said financial interest be direct or indirect.
B.
Any official or employee who has or may have such interest
in such transaction or contract and who participates in discussion with or
gives an official opinion to the Council or to any board, agency or authority
of the municipality with respect thereto shall disclose on the records of
said Council or said board, agency or authority the nature and extent of such
interest.
[Added 5-25-1982 by Ord. No. 1066]
A.
The following persons holding the municipal offices or
positions are required to file a financial disclosure statement with the office
of the City Clerk concerning any financial interest in the City of Long Branch:
[Amended 6-9-1983 by Ord. No. 1105]
B.
Said disclosure statement, which shall be provided in
writing in conformance with a form to be provided by the office of the City
Clerk, shall include:
[Amended 6-9-1983 by Ord. No. 1105]
(1)
A list of any and all real property owned, leased or in which a security interest is held by the person(s) listed in Subsection A. Each description shall include the lot and block number, street address, use to which the property is put and the assessed value thereof. Nothing herein shall require the reporting of the identity and value of the residence of the person concerned or any of the aforementioned interests if the title or interest is held in a corporate name or in the name of a partnership or joint venture when the individual filing the report holds a ten-percent or less interest in said entity.
(2)
Business relationships, whether the same be a financial
interest in a partnership, corporation, sole proprietorship or any other association
of persons in which each individual holding more than a ten-percent interest
may be involved where said firm or association provides a service to the City
as a direct contractor or subcontractor. Said individual shall further set
forth the name of the firm or business and whether or not the individual is
employed by such firm or firms.
C.
Said disclosure statement shall further contain certification
to the effect that, in the event that there should be any change or modification
in the disclosure of interest, that such individuals shall amend said disclosure
within 30 days from the date that such individual is knowledgeable thereof.
D.
Said disclosure statement shall further certify that
all officials and employees acknowledge that the delivery and execution of
the disclosure of interest in no way relieves such individual from compliance
with the statutes made and provided in this state relating to conflict of
interest nor the ethics of any profession of which he or she may be a member.
E.
Compliance with provisions.
(1)
Each individual affected by the provisions of this section who is presently serving in any of the categories set forth in Subsection A(1) through (3) shall comply with the requirements herein no later than 10 days after the effective date of this section. Each individual affected by these provisions who is elected or appointed subsequent to the effective date of this section shall comply with the requirements herein within 30 days of the date of their election or appointment.
(2)
It shall be the obligation of each affected individual
to complete the financial disclosure statement, place it in a sealed envelope
and deliver the same to the City Clerk's office where, upon receipt,
the Official Seal of the City shall be affixed and the date and time of receipt
shall be recorded upon the envelope. All materials required to be filed with
the City Clerk shall be deposited in a safe deposit box retained by the City
to utilize the same exclusively for said purpose.
[Amended 6-9-1983 by Ord. No. 1105]
F.
Confidentiality.
(1)
It is the intent and purpose of this section that the
filings and disclosures required hereunder shall be filed with the City Clerk
and held confidential subject to review by the City Attorney and Assistant
City Attorney and, as such, shall not be subject to public disclosure unless
there arises a question presented to the City of Long Branch concerning an
officer or employee of the City required to comply with any provisions of
this section. In that event, then said questions shall be turned over to the
office of the City Attorney, who shall have the right, at said time, to review
the records filed by the individual in question and shall render an opinion
surrounding whether or not there might exist a possible violation of any section
of this chapter. In no event, however, shall the City Attorney make any disclosure
as to the contents of the requirements in this section unless there is a violation
of said section, in which event the City Attorney's opinion, which may
be disclosed as a result of said investigation, may contain information required
to be filed under this section.
(2)
In the event that a court of law or any other person
or entity with jurisdiction to rule on the validity of this section should
determine that the information required to be filed with the office of the
City Clerk is not a proper subject matter for confidentiality, then, and in
that event, this section shall be void ab initio, and any and all documents
filed with the City Clerk shall be returned to those individuals who filed
the same without the disclosure of said documents to any party.
Compliance with this chapter shall be deemed to be a condition of employment
or continued employment of all municipal employees and officials.
In the event that any action complained of has been approved by or has
been taken pursuant to a state statute or local ordinance or said action has
been approved by the courts of the State of New Jersey, then no charges of
possible violation of this chapter shall be brought against any such officer
or employee of the city.
A.
Any person who willfully and knowingly, or with intent to conceal or misrepresent any financial transaction or relationship required to be disclosed pursuant to this chapter, files a disclosure statement which is false, inaccurate or incomplete in any material particular or who fails to or refuses to file any such financial disclosure statement when required to do so pursuant to the provisions of this chapter shall be in violation of this chapter and, upon conviction, shall be punishable as provided in Chapter 1, General Provisions, Art. I. Each violation of any of the provisions of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.[1]
B.
In addition to the penalty provided hereinabove, any
officer or employee who is determined to have violated any provision of this
chapter or of any statute or ordinance relating to conflict of interest shall
be liable to removal from office.
[Amended 6-9-1983 by Ord. No. 1105]
