[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:
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.
[Amended 9-14-2010 by Ord. No. 1825]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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.
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.
The spouse or dependent child of an officer or employee residing
in the same household.
Any person, whether compensated or not, whether
part-time or full-time, who is one of the following:
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Member of the Township Council
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Township Manager
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Deputy Township Manager
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Director, Department of Finance/Chief Finance
Officer
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Construction Official
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Director, Department of Public Works
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Chief of Police
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Tax Assessor
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Tax Collector
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Township Clerk
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Township Attorney
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Township Engineer
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Township Planning Consultant
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Township Auditor
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Municipal Judge
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Municipal Court Administrator
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Township Prosecutor
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Township Public Defender
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Planning Board member
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Planning Board Attorney
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Planning Board Engineer
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Zoning Board of Adjustment member
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Zoning Board of Adjustment Attorney
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Local Assistance Board member
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Director of Social Services
[Amended 6-28-2005 by Ord. No. 1609] | |
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Fire Chief
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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.
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:
A.
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.
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 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.
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.
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 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.
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 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.
K.
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.
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 township in which he has a direct or
indirect personal, pecuniary or private interest.
M.
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.
N.
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.
O.
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]
A.
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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
(5)
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.
B.
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.
C.
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.
D.
All financial disclosure statements filed shall be
public records.
B.
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.
C.
The Township Council shall hold a public hearing on
the Code of Ethics not less than 30 days following its promulgation.
D.
As a result of the hearing, the Township Council may
amend or supplement the Code of Ethics as it deems necessary.
E.
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.
F.
If the Commission fails to act within 60 days of the
submission, the Code of Ethics shall be deemed approved.
G.
A Code of Ethics requiring approval by the New Jersey
Local Finance Board shall take effect 60 days after approval by the
Commission.
H.
A Code of Ethics identical to the provisions set forth
in Section 2:20-5 shall take effect 10 days after the public hearing.
I.
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]
A.
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.
B.
CANDIDATE
MUNICIPALITY
MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
POLITICAL CONTRIBUTION
POLITICAL ORGANIZATION
PUBLIC PROPERTY
SOLICIT
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.
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.
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.
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."
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.
C.
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.
D.
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.
E.
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]
