This chapter shall be known and may be cited
as the "New Hanover Township Code of Ethics."
The Township Committee of the Township of New
Hanover 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 interests 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.
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 New Hanover and any independent local authority created by or appointed
under the authority of the Township of New Hanover 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 in 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 nonprofit entity or labor union.
OFFICER
Any person, whether compensated or not, whether part-time
or full-time, who is one of the following:
A.
A member of the Township Committee.
C.
The Deputy Administrator.
D.
The Director of the Department of Finance.
E.
The Director of the Department of Inspections.
F.
The Director of the Department of Public Works.
G.
The Director of the Department of Recreation.
I.
A Captain of the Police Department.
N.
A Township planning consultant.
R.
The Township Public Defender.
T.
The Planning Board Attorney.
U.
A Zoning Board of Adjustment member.
V.
The Zoning Board of Adjustment Attorney.
W.
A Local Assistance Board member.
X.
The Director of Public Assistance.
Z.
Any other person who is a managerial, executive
or confidential employee, as defined Section 3 of the New Jersey Employer-Employee
Relations Act, N.J.S.A. 34:13A-3, of the Township of New Hanover or
of an agency created under the authority of or appointed by the Township
of New Hanover.
OFFICER or EMPLOYEE
An officer or employee of the Township of New Hanover or
of an agency under the authority of or appointed by the Township of
New Hanover.
PUBLIC MEMBERS
Members of the general public, not officers or employees
of New Hanover Township.
Officers and employees of the Township of New
Hanover shall comply with the following provisions:
A. No officer or employee of the Township of New Hanover
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 herself or others.
C. No officer or employee shall act in his or her official
capacity in any matter 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.
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 nor 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 thing 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 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 or herself,
any member of his or her immediate family or any business organization
with which he or she is associated.
G. No officer or employee nor 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 New Hanover. 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 be reasonably expected to accrue to any other member of such
business, profession, occupation or group.
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 New Hanover or members of his or her immediate family
from representing himself, herself or themselves in negotiations or
proceedings for his, her or their own interests.
K. Restrictions on former authority.
(1) No independent local authority shall, for a period
of one year next 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.
(c) Employ for compensation, except pursuant to open competitive
examination in accordance with Title 11A of the New Jersey Statutes
and the rules and regulations promulgated pursuant thereto, any former
member of that authority.
(2) The foregoing restrictions shall also apply to any
business organization in which the former authority member holds an
interest, as defined herein.
The New Hanover Township 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. To issue subpoenas for the production of documents
and the appearance 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 provisions 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 are authorized by this chapter.
F. To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this chapter.
All statements, complaints, requests or other
written materials 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.