This chapter shall be known and may be cited as the "North Brunswick
Township Code of Ethics."
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.
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 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.
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 nonprofit entity or labor union.
OFFICER
Any person, whether compensated or not, whether part-time or full-time,
who is one of the following:
B.
Member of the Township Council.
D.
Director, Department of Finance.
E.
Director, Department of Inspections.
F.
Superintendent, Department of Public Works.
G.
Director, Department of Human Services.
H.
Chief of Police and Police Director.
N.
Township Planning Consultant.
R.
Construction Code Official.
U.
Zoning Board of Adjustment member.
V.
Zoning Board of Adjustment Attorney.
W.
Superintendent of Parks and Recreation.
X.
Library Board of Trustees member.
Y.
Director, North Brunswick Public Library.
Z.
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.
OFFICER OR EMPLOYEE
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.
The North Brunswick Township Ethical Standards Board shall have the
following powers:
A. To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the municipal code of
ethics or financial disclosure requirements by local government officers or
employees serving the township.
B. To issue subpoenas for the production of documents and
the attendance of witnesses with respect to its investigation of any complaint
or to the holding of a hearing.
C. To forward to the Middlesex County Prosecutor or the
Attorney General or other governmental body any information concerning violations
of the code of ethics or financial disclosure requirements by officers or
employees serving the township which may warrant the institution of other
legal proceedings.
D. To render advisory opinions to local officers or employees
serving the township as to whether a given set of facts and circumstances
would constitute a violation of any provision of the code of ethics or financial
disclosure requirements.
E. To enforce the provisions of the code of ethics and financial
disclosure requirements with regard to officers or employees serving the township
and to impose penalties for the violation thereof as are authorized by this
chapter.
F. To adopt rules and regulations as are necessary to implement
the purposes of this chapter.
All statements, complaints, requests or other written materials filed
pursuant to this chapter and any rulings, opinions, judgments, transcripts
or other official papers prepared pursuant to this chapter shall be preserved
for a period of five years from the date of filing or preparation, as the
case may be.
This chapter shall take effect upon final adoption and publication of
notice of adoption as required by law, except that the requirements providing
for the filing of financial disclosure reports shall take effect on the 21st
day of May, 1991, with the first reports required to be filed not later than
August 19, 1991.