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 Borough
of Closter and any independent local authority created by or appointed
under the authority of the Borough of Closter which performs function
other than of a purely advisory nature.
BUSINESS ORGANIZATION
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
[Amended 1-3-1994 by Ord.
No. 1993:663]
EMPLOYEE
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving on a Borough agency who is not
an 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 nonprofit entity or labor union.
OFFICER[Amended 7-22-1992 by Ord. No. 1992:626]
Any person, whether compensated or not, whether part-time
or full-time:
A.
Elected to any office of a Borough agency;
B.
Serving on a Borough agency which has the authority
to enact ordinances, approve development applications or grant zoning
variances;
C.
Who is a member of an independent municipal
authority;
D.
Who formulates management policies and practices
and who is charged with the responsibility of directing the effectuation
of such management policies and practices; or
E.
Whose functional responsibilities or knowledge
in connection with the issue involved in the collective negotiations
process would make his or her membership in any appropriate negotiating
unit incompatible with his or her official duties, and shall include
but not be limited to the Mayor, members of the Borough Council, the
Borough Administrator, the Superintendent of Public Works, the Director
of the Department of Recreation, the Chief of Police, members of the
Police Department who hold the rank of Captain or above, the Tax Assessor,
the Borough Clerk, the Borough Attorney, the Borough Engineer, the
Borough Planning Consultant, the Borough Auditor, the Municipal Prosecutor,
the Public Defender, Planning Board members, the Planning Board Attorney,
Zoning Board of Adjustment members, Zoning Board of Adjustment Attorneys,
Local Assistance Board members, the Director of Public Assistance,
the Fire Chief, Library Board members, the Library Director, the Tax
Collector/Treasurer, members of the Board of Health, the Health Officer/Sanitarian,
the Shade Tree Commission members, all Borough Deputies, the Construction
Code Official/Zoning Officer, the Borough Fire Official, members of
the Board of Ethics and the Attorney to the Board of Ethics.
OFFICER OR EMPLOYEE
An officer or employee of the Borough of Closter or of an
agency under the authority of or appointed by the Borough of Closter.
[Amended 9-23-1992 by Ord. No. 1992:260]
Officers and employees of the Borough of Closter
shall comply with the following provisions:
A. No officer or employee of the Borough of Closter or
member of his or her immediate family shall have an interest in any
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. Independent local authorities.
(1) No independent local authority shall for a period
of one year subsequent to the termination of office of a member of
that authority:
(a) Award any contract which is not publicly bid to a
former member of that authority;
(b) Allow a former member of that authority to represent,
appear for or negotiate on behalf of any other party before that authority;
or
(c) Employ for compensation, except pursuant to open competitive
examination in accordance with Title 11A of the New Jersey Statutes
Annotated and the rules and regulations promulgated pursuant thereto,
any former member of that authority.
(2) The restrictions contained in this subsection shall
also apply to any business organization in which the former authority
member holds an interest.
C. No officer or employee shall use or attempt to use
his or her official position to secure unwarranted privileges or advantages
for himself or herself or others.
D. No officer or employee shall act in his or her official
capacity in any manner 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
of judgment.
E. 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.
F. No officer or employee, members 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 provision shall not apply to the solicitation
or acceptance of contribution 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.
G. No officer or employee shall use or allow to be used
his or her public office or employment or use, allow to be used or
disclose 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 or herself, any member of his
or her immediate family or any business organization with which he
or she is associated.
H. 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 Borough in connection with any cause, proceeding, application
or other matter pending before any Borough agency. 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 Borough Public Defender with respect
to representation of defendants in the Municipal Court.
I. 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,
professional 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.
J. 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 member of his or her immediate family, whether directly
or indirectly, in return therefor.
K. No officer or employee of the Borough or any of its
agencies shall direct or cause any employee of the Borough to do or
perform any service or work outside of public work or employment,
nor shall any officer or employee of the Borough perform any such
service or work for such officer or employee.
L. Nothing shall prohibit any officer or employee of
the Borough of Closter 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.
M. No officer or employee shall approve or disapprove
or in any way recommend the payment of any bill, voucher or indebtedness
owed or allegedly owed by the Borough in which he or she has a direct
or indirect interest.
N. No officer or employee elected or appointed in the
Borough shall request, use or permit the use of any public property,
vehicle, equipment, material, labor or service for personal convenience
or the private advantage of himself or herself 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 is provided
as a matter of stated public policy for the use of officers and employees
in the conduct of official business.