This chapter shall be known and may be cited
as the "Borough of Bergenfield Code of Ethics."
The Borough Council of the Borough of Bergenfield
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, office, commission or other instrumentality within the Borough
of Bergenfield, and any independent local authority of the Borough
of Bergenfield, which performs functions other than of a purely advisory
nature, but shall not include a school board.
BOARD
The Local Finance Board in the Division of Local Government
Services in the New Jersey Department of Community Affairs.
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 the Borough, or serving on an agency of the
Borough, who is not an officer, but shall not mean any employee of
a school district.
GOVERNING BODY
Elected or appointed members of the Mayor and Council, consisting
of the Mayor and six members of Council.
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, elected or appointed to any position which has the authority
to enact ordinances, approve development applications or grant zoning
variances, who is a member of any authority of the Borough of Bergenfield
or who is a managerial or confidential employee of the Borough of
Bergenfield, as defined in Section 3 of the New Jersey Employer-Employee
Relations Act, P.L. 1941, c.100 (N.J.S.A. 34:13A-3), but shall not
mean any employee of a school district or member of a school board.
OFFICER or EMPLOYEE
An officer or employee of the Borough of Bergenfield or of
an agency under the authority of or appointed by the Borough of Bergenfield.
Officers and employees of the Borough of Bergenfield
shall comply with the following provisions:
A. No officer or employee of the Borough of Bergenfield
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. Independent local authority.
(1) No independent local authority shall, for a period
of one year next subsequent to the termination office of a member
of that authority:
(a) Award any contract which is not public publicly bid
to a former member of that authority;
(b) Allow a former member of that authority to represent,
appear for or negotiate on behalf of any other party before that authority;
or
(c) Employ for compensation, except employment through
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 authority.
(2) The restriction contained in this subsection shall
also apply to any business organization in which the former member
holds an interest.
C. 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.
D. 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.
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, loan, 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 contribution 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 public office or employment, or any information, not generally
available to the members of the public, which he receives or acquires
in the course of and by reason of his office or employment, for the
purpose of securing financial gain for himself, any member of his
immediate family, or any business organization with which he 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 Borough in connection with any cause, proceeding, application
or other matter pending before any agency of the Borough of Bergenfield.
This provision shall not be deemed to prohibit an employee from representing
another employee where the Borough is the employer and 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
the Borough of Bergenfield, 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.
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 Borough to him or her, a member of his
or her immediate family or any business organization in which he has
a direct or indirect personal, pecuniary or private interest.
[Amended 3-18-2014 by Ord. No. 14-2466]
Any local government officer or employee of the Borough may
request and obtain from the Local Finance Board an advisory opinion
as to whether any proposed activity or conduct would, in its opinion,
constitute a violation of the Code of Ethics or any financial disclosure
requirements.
[Amended 3-18-2014 by Ord. No. 14-2466]
Any and all complaints regarding a violation of the Ethics Code
by a municipal official shall be filed with the Local Finance Board
and the Division of Local Government Services in the Department of
Community Affairs.