This chapter shall be known and may be cited
as the "Atlantic County Code of Ethics."
The Board of County Commissioners of the County
of Atlantic 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.
As used in this chapter, the following terms
shall have the meanings indicated:
AGENCY
Any agency, board, governing body, including the chief executive
officer, bureau, division, office, commission or other instrumentality
within Atlantic County, and any independent local authority created
by or appointed under the authority of Atlantic County, which performs
functions other than of a purely advisory nature, but shall not include
a school board.
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, but shall not mean any employee of a school district.
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 nonunion profit entity or labor union.
OFFICER
Any person, whether compensated or not, whether part-time
or full-time, elected to an office of a local government agency; serving
on a local government agency which has the authority to enact ordinances,
approve development applications or grant zoning variances; who is
a member of an independent County or regional authority; or who is
a managerial executive or confidential employee of a local government
agency, as defined in Section 3 of the New Jersey Employer-Employee
Relations Act, P.L. 1941, c. 100, but shall not mean any employee
of a school district or member of a school board.
OFFICER or EMPLOYEE
An officer or employee of Atlantic County or of an agency
under the authority of or appointed by Atlantic County.
Officers and employees of Atlantic County shall
comply with the following provisions:
A. No officer or employee of Atlantic County 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, herself or others.
C. No independent local authority shall, for a period
of one year next subsequent to the termination of office of a member
of that authority:
(1) Award any contract which is not publicly bid to a
former member of that authority;
(2) Allow a former member of that authority to represent,
appear for or negotiate on behalf of any other party before that authority;
or
(3) 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 thereto, any former member
of that authority.
D. No officer or employee shall act in his or her official
capacity in any matter where he or she or 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
of judgment.
E. 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.
F. 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 or her, 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.
G. 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 or herself,
any member of his or her immediate family or any business organization
with which he or she is associated.
H. 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 County in connection with any cause, proceeding, application
or other matter pending before any agency of Atlantic County. 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.
I. 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.
J. 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.
K. Nothing shall prohibit any officer or employee of
Atlantic County or members of his or her immediate family from representing
himself, herself or themselves in negotiations or proceedings concerning
his, her or their own interests.
The Ethics Board shall have the following powers:
A. To initiate, receive, hear and review complaints and
to hold hearings with regard to possible violations of the County
Code of Ethics or financial disclosure requirements by local government
officers or employees serving the County.
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 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 County which may warrant the institution
of other legal proceedings by the Attorney General.
D. To render advisory opinions to local officers or employees
serving the County 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 County and to impose penalties for the violation thereof
as are authorized by this code.
F. To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this chapter.
The members of the Atlantic County Ethics Board
or their counsel or members of the staff, if any, shall be available
to provide educational services regarding ethics issues to Atlantic
County officers and employees at the request of the County Administrator.
All statements, complaints, requests or other
written materials filed pursuant to this code and any rulings, opinions,
judgments, transcripts or other official papers prepared pursuant
to this code shall be preserved for a period of five years from the
date of filing or preparation, as the case may be.
The Board of Ethics serving under the County
Ethics Code repealed by this chapter is dissolved as of the effective
date of this chapter, and all its papers, records, minutes and opinions
shall be turned over to the newly constituted Board.