This chapter shall be known and may be cited as the "Borough of Glassboro Code of Ethics."
The Mayor and Council of the Borough of Glassboro 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 Borough of Glassboro, and any independent local authority created by or appointed under the authority of the Borough of Glassboro 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.
MEMBER OF IMMEDIATE FAMILY The partner or dependent child of an officer or employee residing in the same household.
[Amended 7-24-2007 by Ord. No. 07-26]
OFFICER Any person, whether compensated or not, whether part-time or full-time, who is one of the following:
A. List:
(1) Member of the Borough Council, including the Mayor.
(3) Deputy Borough Administrator.
(5) Construction Code Official.
(7) Director, Park and Recreation Commission.
(9) Captain, Police Department.
(14) Borough Planning Consultant.
(23) Planning Board Landscape Architect.
(25) Zoning Board of Adjustment member.
(26) Zoning Board of Adjustment Attorney.
(30) Water and Sewer Department Superintendent.
(31) Water and Sewer Department Assistant Superintendent.
(35) Library Board of Trustees member.
(36) Director, Glassboro Public Library.
(37) Sanitary Inspector/Rooming House Inspector.
(38) Glassboro Housing Authority members.
(40) Highway Department Superintendent.
(41) Vital Statistics Registrar.
(43) Emergency Management Coordinator.
(46) Any other person who is a managerial executive or confidential employee, as defined in Section 3 of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-3, of the Borough of Glassboro or of an agency created under the authority of or appointed by the Borough of Glassboro.
OFFICER Or EMPLOYEE An officer or employee of the Borough of Glassboro or of an agency under the authority of or appointed by the Borough of Glassboro.
Officers and employees of the Borough of Glassboro shall comply with the following provisions:
A. No officer or employee of the Borough of Glassboro 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 manner where he or she, a member of his or her immediate family or a 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 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 Borough in connection with any cause, proceeding, application or other matter pending before any agency of the Borough of Glassboro. 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.
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.
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 Borough of Glassboro, 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 Borough 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 Borough.
L. 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 has a direct or indirect personal, pecuniary or private interest.
M. No officer or employee elected or appointed in the Borough 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, 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.