The Township Council hereby finds and declares
that municipal office and employment are a public trust; that the
vitality and stability of representative municipal government depend
upon the public's confidence in the integrity of its elected and appointed
representatives; that whenever the public perceives a conflict between
the private interests and the public duties of a municipal government
officer or employee, that confidence is imperiled; that the municipal
government has the duty to provide its citizens with standards by
which they may determine whether or not public duties are being faithfully
performed and to apprise its officers and employees of the behavior
which is expected of them while conducting their public duties; and
that it is the purpose of this article to provide a method of assuring
that such standards of ethical conduct shall be clear, consistent,
uniform in their application and enforceable and to provide municipal
officers and employees with advice and information concerning possible
conflicts of interest which might arise in the conduct of their public
duties.
As used in this article, the following terms
shall have the meanings indicated:
EMPLOYEE
Any person employed by the Township of Montclair or its utilities
and listed on the payroll on a full-time, part-time or temporary basis.
FINANCIAL INTEREST
Any interest which shall yield directly or indirectly, a
monetary or other material benefit, other than the duly authorized
salary or compensation for services to the Township, to the official
or to any person employing or retaining the services of the official.
OFFICIAL
Any person, other than a Township employee, elected, appointed
or retained by the Township, whether paid or unpaid and whether full-time
or part-time.
PERSONAL INTEREST
Any interest arising from blood or marriage relationships
or from close business association.
PUBLIC BODY
Any agency, board, body, commission, committee, department
or office of the Township of Montclair having more than just advisory
powers.
Every official serving on a committee, board
or council subject to the Open Public Meetings Act, and full-time employees shall file a statement with the
Municipal Clerk disclosing the following information:
A. The address of any real property located in Montclair
in which the official or spouse has an ownership interest.
B. The name and address of any business corporation which
does business in or owns real property in Montclair in which the official
or spouse owns 10% or more beneficial interest.
A municipal officer or employee shall not:
A. Use his/her official authority or influence for the
purpose of interfering with the result of an election or nomination
for office; or
B. Directly or indirectly coerce, attempt to coerce,
command or advise a state, county or local officer or employee to
pay, lend or contribute anything of value to a party, committee, organization,
agency or person for political purposes.
Upon the complaint of any person alleging facts
which, if true, would constitute improper conduct under the provisions
of this article, the Council, in the case of an official, and the
Manager, in the case of an employee, shall conduct a full investigation
to determine whether there are sufficient facts supportive of the
complaint to warrant further action.
None of the provisions of this policy shall
operate or be construed to violate any state statutes or valid collective
bargaining agreements. Such statutes and agreements containing provisions
which are contrary to this policy shall not be affected thereby, but
the provisions of this policy shall remain effective and be applicable
to all officials, advisers and employees not governed by such contrary
provisions or state statutes or collective bargaining agreements.