This chapter shall be known and may be cited as the "North Brunswick Township Code of Ethics."
[HISTORY: Adopted by the Mayor and Council of the Township of North Brunswick 7-1-1991. Amendments noted where applicable.]
The Township Council of the Township of North Brunswick 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 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.
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 of North Brunswick 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 interest which might arise in the conduct of public duties.
C.
This chapter is enacted under the authority of the Local Government Ethics Law, P.L. 1991, c. 29, and under the further authority granted to the Township of North Brunswick under the provisions of Titles 40 and 40A of the New Jersey Statutes.
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 of North Brunswick, and any independent local authority created by or appointed under the authority of the Township of North Brunswick, which performs functions other than of a purely advisory nature.
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.
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.
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:
Mayor.
Member of the Township Council.
Township Administrator.
Director, Department of Finance.
Director, Department of Inspections.
Superintendent, Department of Public Works.
Director, Department of Human Services.
Chief of Police and Police Director.
Deputy Chief of Police.
Tax Assessor.
Township Clerk.
Township Attorney.
Township Engineer.
Township Planning Consultant.
Township Auditor.
Municipal Judge.
Township Prosecutor.
Construction Code Official.
Planning Board member.
Planning Board Attorney.
Zoning Board of Adjustment member.
Zoning Board of Adjustment Attorney.
Superintendent of Parks and Recreation.
Library Board of Trustees member.
Director, North Brunswick Public Library.
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 North Brunswick or of an agency created under the authority of or appointed by the Township of North Brunswick.
An officer or employee of the Township of North Brunswick or of an agency under the authority of or appointed by the Township of North Brunswick.
Officers and employees of the Township of North Brunswick shall comply with the following provisions:
A.
No officer or employee of the Township of North Brunswick 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. 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 township in connection with any cause, proceeding, application or other matter pending before any agency of the Township of North Brunswick. 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.
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 of North Brunswick or members of his or her immediate family from representing himself, herself or themselves in negotiations or proceedings concerning his or her or their own interests.
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, customers 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 honorariums 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.
(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 North Brunswick Township Ethical Standards Board shall prescribe a financial disclosure statement form for filing purposes. If a financial disclosure statement form has been promulgated by the New Jersey Local Finance Board, in accordance with the New Jersey Local Government Ethics Law,[1] then that form shall be used. The Township Clerk shall make the forms available to the officers and employees required to file a financial disclosure statement.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
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 North Brunswick Township Ethical Standards Board.
D.
All financial disclosure statements filed shall be public records.[2]
[2]
Editor's Note: Former §§ 29-7, Ethical Standards Board; 29-8, Facilities and staff; 29-9, Adoption of Code of Ethics; 29-10, Powers and duties of Ethical Standards Board; 29-11, Advisory opinions; 29-12, Complaints; 29-13, Enforcement and penalties; 29-14, Records of Ethical Standards Board; and 29-15, When effective, which immediately followed this section, were repealed 1-26-2026 by Ord. No. 26-02. Section 2 of the ordinance stated "The Township of North Brunswick hereby transfers the responsibility of ethics complaints to the State of New Jersey, Department of Community Affairs, Local Finance Board as pursuant to N.J.A.C. 5:35."