As used in this chapter, the following terms shall have the meanings
indicated:
APPOINTED
Chosen either by an individual having authority to appoint to public
office, position or employment or by the Council of the City of Pleasantville.
BOARD
The Pleasantville Ethics Board established by this chapter.
ELECTED
Chosen by the general electorate of the City of Pleasantville or
of a ward or other electoral subdivision thereof.
FINANCIAL INTEREST
Any employment, investment or other association or activity which
yields or may yield to a public officer or employee, directly or indirectly,
a monetary or other material benefit other than the duly authorized salary
or compensation of his public office, position or employment, except that
no financial interest within the meaning of this definition shall be created
by an interest amounting to not more than 3% of the shares of a corporation
or the right upon liquidation or dissolution to not more than 3% of the assets
of an unincorporated business entity.
OFFICIAL ACT OR ACTION
Any legislative, administrative, quasi-judicial, appointive or discretionary
act of the City of Pleasantville City Council or public officer or employee.
PERSONAL INTEREST
Any association or connection with other persons arising from blood
or marriage relationships or from direct business relationship, which may
reasonably be expected to influence a public officer or employee to favor
the interests of such persons, whether or not any financial interest is involved.
PUBLIC OFFICER OR EMPLOYEE
Any person holding an office, position or employment in the City
of Pleasantville, whether by election or appointment and whether or not any
compensation is provided for such office, position or employment; and any
person who is a member of any board, bureau, office, commission or other instrumentality
within or created by the City of Pleasantville; and any independent authority,
commission, agency or instrumentality of the City of Pleasantville.
Whenever applicable, all New Jersey statutes relating to bribery of
public officers and employees, private interest in public contracts and misconduct
in public office are hereby made a part of this Code of Ethics and shall apply
to all public officers and public employees of the City of Pleasantville.
The requirements herein set forth shall constitute a Code of Ethics
establishing reasonable standards and guidelines for the ethical conduct of
all public officers and employees of the City of Pleasantville.
A. No public officer or employee of the City of Pleasantville
shall accept from any person, directly or indirectly, by himself or through
his spouse or any member of his family or through any partner or associate,
any gift, favor, service, employment or offer of employment or any other thing
of value which he knows or has reason to believe is offered to him with intent
to influence him in the performance of his public duties and responsibilities.
B. No public officer or employee of the City of Pleasantville,
either by himself or through any partnership, firm or corporation in which
he has a financial interest or by any partner, officer or employee of any
such partnership, firm or corporation, shall represent, appear for or negotiate
on behalf of, or agree to represent, appear for or negotiate on behalf of,
any person or party other than the City of Pleasantville or an agency or instrumentality
thereof in any negotiation for the acquisition or sale by the city or any
agency or instrumentality thereof of any interest in real or tangible or intangible
personal property or in any proceedings relative to such acquisition or sale
before a condemnation commission or court, provided that nothing in this section
shall be deemed to prohibit any person from representing himself in negotiations
or proceedings concerning his own interest in real property.
C. No public officer or employee of the City of Pleasantville
nor any partnership, firm or corporation in which he has a financial interest,
nor any partner, officer or employee of any such partnership, firm or corporation,
shall represent, appear for or negotiate on behalf of any person or party
other than such city or an agency or instrumentality thereof in connection
with any cause, proceeding, application or other matter pending before the
Council of the City of Pleasantville or of any autonomous or semiautonomous
agency established by the City of Pleasantville or in which said city is a
participant; provided, however, that this subsection shall not be deemed to
prohibit any elected official 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 such elected official, whether directly or indirectly.
D. No former public officer or employee of the City of Pleasantville,
nor any partnership, firm or corporation in which he has a financial interest,
nor any partner, officer or employee of any such partnership, firm or corporation,
may, during two years next following the last date on which he held such public
office or employment, represent, appear for or negotiate on behalf of, or
agree to represent, appear for or negotiate on behalf of, any person or party
other than the city or City Council in connection with any cause, proceeding,
application or other matter pending before said city or Council or any autonomous
or semiautonomous agency established by said City of Pleasantville in which
he personally participated during the period of his service or employment
or which was under his active consideration.
E. Notwithstanding the provisions hereinabove set forth,
a public officer or employee may appear on behalf of himself, his spouse or
minor children before any city agency or Municipal Court. A member of Council
may appear before city agencies on behalf of his constituents in the course
of his duties as a representative of the electorate or in the performance
of public or civic obligations.
F. Interest in contract or transaction. No public officer
or employee having the power or duty to perform an official act or action
related to a contract or transaction which is or may be the subject of an
official act or action of the city shall:
(1) Have or thereafter acquire an interest in such contract
or transaction.
(2) Have an interest in any business entity representing,
advising or appearing on behalf of, whether paid or unpaid, any person involved
in such contract or transaction.
(3) Have solicited or accepted present or future employment
with a person or business entity involved in such contract or transaction.
(4) Have solicited, accepted or granted a present or future
gift, favor, service or thing of value from or to a person involved in such
contract or transaction.
(5) Have encouraged, made or accepted any ex parte or unilateral
application or communication where a determination is to be made after a public
hearing and such public employee fails to make the contents of the communication
a part of the record.
G. Preacquisition of interest. No public officer or employee,
with respect to any contract or transaction which is or may be the subject
of an official act or action of the city, shall acquire an interest in or
be affected by such contract or transaction at a time when the public employee
believes or has reason to believe that it will directly or indirectly be affected
by an official act or action of the city.
H. Disclosure of information. No public officer or employee,
with respect to any contract or transaction which is or may be the subject
of an official act or action of the city, shall, without proper legal authorization,
disclose confidential information concerning the property, government or affairs
of the city or use such information to advance the financial or other private
interest of himself or others.
I. Incompatible service. No public officer or employee shall
engage in or accept private employment or render service for private interest
when such employment or service is incompatible with the proper discharge
of his official duties or would tend to impair his independence of judgment
or action in the performance of his official duties, unless otherwise permitted
by law and unless disclosure is made as provided in this Code.
J. Public contracts. No public officer or employee of the
City of Pleasantville shall knowingly have a financial interest with respect
to any contract, agreement, sale or purchase made, entered into, awarded or
granted by such city or City Council thereof during the time while he holds
such position, whether or not such contract, agreement, purchase or sale was
made or let after public notice and competitive bidding.
K. Public property. No public officer or employee shall
request or permit the unauthorized use of city-owned vehicles, equipment,
materials or property for personal convenience or profit.
L. Special treatment. No public officer or employee shall
grant any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
M. No public employee of the City of Pleasantville shall
act as officer or agent for such city or City Council for the transaction
of any business with himself or with a business entity in which he has a financial
interest.
N. No public officer or employee of the City of Pleasantville
shall solicit, receive or agree to receive, directly or indirectly, any compensation,
reward, employment, gift or other thing of value from any source other than
the City of Pleasantville in which he is employed for any services, advice,
assistance or other matter related to his official duties, unless authorized
or required to do so by enactment of the local governing body.
Notwithstanding any provisions hereinbefore set forth prohibiting any
public officer or employee from taking or participating in any official action
otherwise within the scope of his duties, powers and functions if he has a
personal or financial interest in said action, said prohibitions shall not
apply to any purely ministerial act not involving the judgment or discretion
of such public officer or employee.
Nothing herein shall prevent or prohibit a public official, officer
or employee from taking or participating in an official action in all cases
where such action or participation is permitted under the principles of the
common law doctrine of necessity as heretofore recognized in the law of this
state.
Whenever a contract or transaction entered into by the City of Pleasantville
or City Council has been found to involve the holding of a prohibited interest
or the taking of an official action by a public officer or employee in violation
of the provisions of this chapter, such public officer or employee and any
other person who has procured, solicited or abetted such violation shall be
liable to a civil action for damages in the amount of twice the amount of
any profit or gain realized from the contract or transaction. Such action
shall be brought in the name of the City of Pleasantville, and the City Council
or the Board shall, jointly and severally, have the power to institute such
an action.
Procedures regarding the Police Department shall be in accordance with
relevant state statutes and shall be referred to the Police Department for
departmental hearings.
The provisions of this chapter shall be deemed to be in addition to
any other existing provision of state law or local ordinance and shall in
no way or manner create any privilege nor any immunity from any statutory
or case law of the State of New Jersey but shall be considered regulation
in addition to such law.