"No man can serve two masters nor should he
attempt to do so." Public office and employment are public trusts.
The vitality and stability of representative democracy depend upon
the public's confidence in the integrity of its elected and appointed
representatives. Whenever the public perceives a conflict between
the private interests and the public duties of a government officer
or employee, that confidence is imperiled. 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. The governing body of the
Township of Old Bridge declares that all citizens should be treated
with courtesy, impartiality, fairness and equality. Public officials
should avoid actual and potential conflicts between their private
self-interest and the public interest.
As used in this chapter, the following terms
shall have the meanings indicated:
AGENCY
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the Township
of Old Bridge, and any independent local authority created by or appointed
under the authority of the Township of Old Bridge, which performs
functions other than of a purely advisory nature.
BUSINESS ORGANIZATION
Any 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 nonunion profit entity or labor union.
OFFICER
A.
Any person, whether compensated or not, whether
part-time or full-time, who is one of the following:
(2)
Member of the Township Council.
(10)
Consultant engineers and planners.
(11)
Assistant Township Attorney.
(15)
Zoning Board of Adjustment member.
(16)
Zoning Board of Adjustment Attorney.
(19)
Construction Code Officer.
(21)
Municipal Utilities Authority member.
(22)
Municipal Utilities Authority Engineer.
(23)
Municipal Utilities Authority Attorney.
(24)
Municipal Utilities Authority Executive Director.
(26)
Director of Township Library.
(31)
Tax Collector.
[Added 10-27-1997 by Ord. No. 36-97]
B.
Any other person who is a managerial executive
or confidential employee, as defined in § 3 of the "New
Jersey Employer-Employee Relations Act," N.J.S.A. 34:13A-3, of the
Township of Old Bridge or of an agency created under the authority
of or appointed by the Township of Old Bridge.
C.
"Local government officer" shall not mean any
employee of a school district or member of the school board.
OFFICER or EMPLOYEE
An officer or employee of the Township of Old Bridge or of
an agency under the authority of or appointed by the Township of Old
Bridge.
While it is recognized that the Old Bridge Township
Ethical Standards Board created by this chapter is vested with authority
to promulgate the Municipal Code of Ethics for all local government
officers and employees, the Township Council intends to state ethical
principles which it believes should be incorporated in the Code of
Ethics by adopting resolution(s) from time to time expressing the
view of the Council.
The Ethical Standards Board shall have the following
powers:
A. To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the Municipal
Code of Ethics or financial disclosure requirements by local government
officers or employees serving the Township;
B. To issue subpoenas for the production of documents
and the attendance of witnesses with respect to its investigation
of any complaint or to the holding of a hearing;
C. To forward to the County Prosecutor or the Attorney
General or other governmental body any information concerning violations
of the Code of Ethics or financial disclosure requirements by officers
or employees serving the Township which may warrant the institution
of other legal proceedings by the Attorney General;
D. To render advisory opinions to local officers or employees
serving the Township as to whether a given set of facts and circumstances
would constitute a violation of any provision of the Code of Ethics
or financial disclosure requirements;
E. To enforce the provisions of the Code of Ethics and
financial disclosure requirements with regard to officers or employees
serving the Township and to impose penalties for the violation thereof
as authorized by this chapter; and
F. To adopt rules and regulations and do other things
as are necessary to implement the purposes of this chapter.
All statements, complaints, requests, or other
written material filed pursuant to this chapter, and any rulings,
opinions, judgments, transcripts or other official papers prepared
pursuant to this chapter, shall be preserved for a period of five
years from the date of filing or preparation, as the case may be.