The terms used in this code are hereby defined
as follows:
EMPLOYEE
Any person employed by the Township of Saddle Brook or any
of its agencies, boards or other entities listed on its payroll, either
on a full-time, part-time or temporary basis.
FINANCIAL INTEREST
Any interest which shall yield, directly or indirectly, a
monetary or other materials benefit (other than the duly authorized
salary or compensation for services to the municipality) to the official
or to any person employing or retaining the services of the official.
MUNICIPALITY
The Township of Saddle Brook, its boards, agencies or other
carrying governmental functions for and on behalf of the Township
of Saddle Brook.
OFFICIAL
Any person other than a Township employee who is elected,
appointed to or retained as a professional advisor by any public office
or an appointed member of a public board or public body of the Township
of Saddle Brook, whether paid or unpaid, and whether part-time or
full-time, including the Building Inspector and other employees in
the Building Department and employees in the Board of Health, including
Health Inspector and Fire Inspector. Appointed unpaid volunteers who
are without discretionary powers, such as the Fire Department, Ambulance
Corps, Rescue Squad and Police Reserve, are not intended to be covered
by this chapter, nor are they to be included in the definition of
appointed officials.
PERSON
Any person, entity firm, association, group, partnership
or corporation, or any combination thereof.
PERSONAL INTEREST
Any interest arising from blood or marriage relationships
or from close business or political association, whether or not any
financial interest is involved. It is not the intent of this chapter
to include relatives of Township officials, employees or appointees
where such relatives are only employees and not principles of an entity
doing business with, making application with or otherwise appearing
before the Township of Saddle Brook, except where pertinent.
PUBLIC BODY
Any agency, board, body, commission, committee, department
or office of the Township of Saddle Brook.
Officials and employees of the Township of Saddle
Brook shall comply with the following provisions:
A. No official or employee shall grant or make available
to any person any consideration, treatment, advantage or favor beyond
that which it is 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 publicly owned or publicly supported property, vehicle,
equipment, labor or service for the personal convenience or the private
advantage of himself or any other person. This rule shall not be deemed
to prohibit any official or employee from requesting, using or permitting
the use of such publicly owned or publicly supplied 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.
C. No official or employee, 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.
D. No official or employee shall use or attempt to use
his or her official position to secure unwarranted personal or financial
interests, privileges or advantages for himself or others.
E. No official 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 other business organization in which he or she has an
interest has a direct or indirect financial or personal interest or
involvement that might reasonably be expected to impair his or her
objectivity or independence or judgment.
F. No official 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.
G. No official 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, 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 or her, 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 official in
the discharge of his or her official duties.
H. No official or employee shall use or allow to be used
his or her public employment or office, or any information, not generally
available to members of the public, which he or she received or acquires
in the course of any 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.
I. No official or employee or any business organization
in which he or she has a personal or financial 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 Saddle Brook 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.
J. Nothing herein shall prohibit any official or employee
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 official or employee shall, without receiving formal
written authorization from the appropriate person or body, disclose
any confidential information concerning any other official or employee
or any other person or any property or governmental affairs of the
Township.
L. No official or employee shall approve or disapprove
or in any way recommend the payment of any bill, voucher, indebtedness
owed by the Township, application or other matter before the Township,
its agencies or other political subdivisions in which he or she has
a direct or indirect personal, financial, private or other interest.
None of the provisions of this chapter shall
operate or be construed to violate any state statutes or valid collective
bargaining agreements.
It is generally recognized and acknowledged
that public officials and employees sometimes participate or are involved
in activities which are in nature social amenities. It is not the
intention of this chapter to include, within the proscriptions herein,
these inconsequential or trivial activities.