There is hereby established in the Township of Middle standards of ethical
conduct for the officers and employees of the Township of Middle.
This chapter shall be known and may be cited as the "Township of Middle
Code of Ethics."
The Township Committee of the Township of Middle 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 interest 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.
Officers and employees of the Township of Middle shall comply with the
following provisions:
A. No officer or employee of the Township of Middle 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 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, 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 Middle. 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. These provisions shall
not apply to the Township Public Defender, whose conduct is regulated by the
Rules of Professional Conduct as mandated by the Supreme Court of the State
of New Jersey.
[Amended 9-19-1991 by Ord.
No. 790-91]
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 Middle, 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. No officer or employee elected or appointed in the township
shall 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 Local Finance Board of the State of New Jersey shall have jurisdiction
over the conduct of township officials and employees with regard to enforcement
of this chapter pursuant to N.J.S.A. 40A:9-22.4 et seq.