[HISTORY: Adopted by the Township Council of the Township of Galloway 4-6-1981 by Ord. No. 660; amended in its entirety 8-13-1991 by Ord. No. 1054. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Galloway Township Code of Ethics."
The Township Council of the Township of Galloway finds and declares that:
Public office and employment are a public trust.
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.
[Amended 9-14-2010 by Ord. No. 1825]
It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the township shall be clear, consistent, uniform in their application and enforceable, and to provide those officers or employees with advice and information concerning possible conflicts of interests which might arise in the conduct of their public duties.
It is the further purpose of this chapter to implement the provisions of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq.
This chapter is enacted under the authority of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq., and under the further authority granted to the township under the provisions of Titles 40 and 40A of the New Jersey Statutes.
The Township Clerk shall cause a copy of the Galloway Township Code of Ethics to be distributed to every public officer and employee of the Township of Galloway within 30 days after the enactment of this Code or any amendments thereof. Each public officer and employee elected, appointed or engaged thereafter with the Township shall be furnished a copy before entering upon the duties of his office or employment and shall certify to the Township Clerk that such review has been undertaken.
Each public officer or employee as defined in this chapter shall review annually the provisions of this Code himself and with his fellow council, board, commission or agency, members or subordinates.
A copy of this Code shall be continuously posted on each department bulletin board wherever situated.
As used in this chapter, the following terms shall have the meanings indicated:
- Any agency, board, governing body, including the chief executive officer, office, commission or other instrumentality within the township, and any independent local authority created by or appointed under the authority of the township, which performs functions other than of a purely advisory nature.
- The Local Finance Board in the Division of Local Government Services in the Department of Community Affairs.
- BUSINESS ORGANIZATION
- Any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union or other legal entity.
- 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; but shall not mean any employee of a school district.
- GOVERNING BODY
- The Galloway Township Council.
- 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 entity or labor union.
- MEMBER OF IMMEDIATE FAMILY
- The spouse or dependent child of an officer or employee residing in the same household.
- A. Any person, whether compensated or not, whether part-time or full-time, who is one of the following:
- B. 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 Township of Galloway or of an agency created under the authority of or appointed by the Township of Galloway.
- OFFICER OR EMPLOYEE
- An officer or employee of the Township of Galloway or of an agency under the authority of or appointed by the Township of Galloway.
Officers and employees of the Township of Galloway shall comply with the following provisions:
No officer or employee of the township 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.
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.
No officer or employee shall act in his or her official capacity in any matter where he, 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 or judgment.
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.
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.
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.
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 township in connection with any cause, proceeding, application or other matter pending before any agency of the township. 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 representation responsibilities; nor shall this provision be applicable to the Township Public Defender with respect to representation of defendants in the Municipal Court.
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.
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.
Nothing shall prohibit any officer or employee of the township, or members of his or her immediate family, from representing himself, herself or themselves, in negotiations or proceedings concerning his, her, or their, own interest.
No officer or employee elected or appointed in the township 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 township.
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 township in which he has a direct or indirect personal, pecuniary or private interest.
No officer or employee elected or appointed in the township 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, material, 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.
No independent agency shall, for a period of one year next subsequent to the termination of office of a member of that agency, award any contract which is not publicly bid to a former member of that agency; allow a former member of that agency to represent, appear for or negotiate on behalf of any other party before that agency; or 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 agency. The restrictions contained in this subsection shall also apply to any business organization in which the former agency member holds an interest.
The following employees are restricted from bidding on any Township property or items offered for auction: Mayor and members of the Township Council, the Township Manager, the Township Clerk, the Chief Financial Officer, the Purchasing Agent, and any employee who provides the estimate of value or places an actual value on any Township-owned property to be listed for auction and/or entered into GovDeals.com of any Township approved auctioning service.
[Added 9-14-2010 by Ord. No. 1825]
Officers of the township shall annually file a financial disclosure statement. All financial disclosure statements shall include the following information which shall specify, where applicable, the name and address of each source and the officer's job title:
Each source of income, earned or unearned, exceeding $2,000 received by the officer or a member of his or her immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security is the source of income, the security need not be reported unless the local government officer or member of his or her immediate family has an interest in the business organization;
Each source of fees and honorarium having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the local government officer or a member of his or her immediate family during the preceding calendar year;
Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $400 from any single source, excluding relatives, received by the local government officer or a member of his or her immediate family during the preceding calendar year;
The name and address of all business organizations in which the local government officer or a member of his or her immediate family had an interest during the preceding calendar year; and
The address and brief description of all real property in the state in which the local government officer or a member of his or her immediate family held an interest during the preceding calendar year.
The financial disclosure statement promulgated by the New Jersey Finance Board, in accordance with the New Jersey Local Government Ethics Law, shall be used. The Township Clerk shall make the forms available to the officers and employees required to file a financial disclosure statement.
The original statement shall be filed with the Township Clerk within 90 days after the effective date of the New Jersey Local Government Ethics Law. All subsequent statements shall be filed on or before April 30 of each year. A copy of the statement shall be filed with the Township Clerk.
All financial disclosure statements filed shall be public records.
Within 15 days following the promulgation thereof, the Code of Ethics, and a notice of the date of the public hearing to be held on the Code of Ethics, shall be published in the newspaper designated for the publication of official notices for the township and shall be distributed to the Township Clerk and the Township Manager for circulation among the officers and employees serving the township.
The Township Council shall hold a public hearing on the Code of Ethics not less than 30 days following its promulgation.
As a result of the hearing, the Township Council may amend or supplement the Code of Ethics as it deems necessary.
If the Code of Ethics is not identical to the provisions set forth in Section 2:20-5, the Township Council shall, as required by law, submit the Code of Ethics to the New Jersey Local Finance Board for approval.
If the Commission fails to act within 60 days of the submission, the Code of Ethics shall be deemed approved.
A Code of Ethics requiring approval by the New Jersey Local Finance Board shall take effect 60 days after approval by the Commission.
A Code of Ethics identical to the provisions set forth in Section 2:20-5 shall take effect 10 days after the public hearing.
The Township Clerk shall make copies available to officers and employees serving the township.
The Local Finance Board in the Division of Local Government Service in the New Jersey Department of Community Affairs shall have jurisdiction to govern and guide the conduct of local government officers or employees regarding violations of provisions of this chapter.
[Added 5-23-2000 by Ord. No. 1423]
The municipality's interests in an independent and efficient government workforce and a government that is undermined by neither the fact nor appearance of improper influence of political contributions on government decisions require the prohibition of political fund-raising in rooms or buildings occupied in the discharge of official duties or through the use of public property.
Definitions. The following definitions shall apply in the interpretation of this section:
- The government of the municipality, including any officer, department, board, commission, or agency, thereof.
- MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
- Any person holding elective municipal office or holding an appointed position in the municipal government, or in any agency, commission, board, or office thereof, whether the position is full time or part time, compensated or uncompensated, and any employee of municipal government or of any municipal agency, commission, board, or office thereof, whether the position is full time or part time.
- POLITICAL CONTRIBUTION
- Any loans and transfers of money or other things of value to any candidate, elected official, or representative of any political organization, or other commitments or assumptions of liability to make any such transfer. Political contributions shall be deemed to have been made upon the date when such commitment is made or liability assumed.
- POLITICAL ORGANIZATION
- Any two or more persons acting jointly, or any corporation, partnership or other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for federal, state, county, municipal or school board office or political party office. Political organization includes, but is not limited to, organizations defined in N.J.S.A. 19:44A-3 as a "political committee," "joint candidate committee" or "legislative leadership committee."
- PUBLIC PROPERTY
- All personal property owned, leased, or controlled by the municipal government, including but not limited to vehicles, phones, fax machines, computers, stationery, including municipal letterhead, postage, and other office equipment.
- To ask for, by oral or written communication, a contribution as that term is defined herein.
No municipal official, employee or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization while in any room or building occupied in the discharge of official municipal business. This section shall include solicitation or acceptance of political contributions made over a private cell phone or by use of a private computer for purposes of soliciting or accepting the political contribution in any room or building occupied in the discharge of official municipal business.
No municipal official, employee, or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization, while utilizing public property.
Violation of any provision of this section shall be punished by a period of community service not exceeding 90 days or imprisonment in the county jail for a term not exceeding 90 days or a fine not exceeding $2,000.
[Amended 12-13-2016 by Ord. No. 1951-2016]