PREAMBLE

It is the desire of the Township of Brick to operate in a manner that demonstrates the highest level of professionalism and public service and to avoid all circumstances which may create the appearance of impropriety or otherwise undermine this stated objective. Accordingly, the Mayor, all members of the Brick Township Council, Planning and Zoning Boards and all other members of any Boards, Commissions or Committees established under the auspices of the Township of Brick (hereinafter referred to collectively as “Board Members”), the Township Administrator, Township Directors, Department Heads and employees (hereinafter referred to collectively as “Township Employees”) shall conduct all business of the Township of Brick in accordance this policy.

TOWNSHIP EMPLOYEES

Township Employees are expected to anticipate and avoid areas of potential conflict, or the appearance of conflict, when a matter that they become involved in may directly, or indirectly, benefit a spouse, close family member, friend, partner, business associate, prospective customer/client (hereinafter referred to collectively as “business or familial member”), or under circumstances where the Township Employee him or herself may ultimately receive some pecuniary benefit, gain, employment, advantage, contract or favor.

This provision should not be construed to prevent the Township Employee from participating in any action or project that, while conferring some general benefit to a business or familial member, nonetheless was conceived or intended to provide a benefit to the public as a whole. Further, the pecuniary interest, benefit or gain prohibited hereby; whether received by a business or familial member, Township Employee or Board Member; must be immediate, definite and capable of demonstration, not remote, uncertain, contingent or speculative. Such pecuniary interest, benefit, or gain must be of the type or magnitude that individuals of ordinary capacity, intelligence, and means would be influenced by it.

BOARD MEMBERS

Board Members must take all reasonable steps to instill confidence in the general public that their votes and/or decisions are unbiased and are based solely upon merits of the matter and the materials and/or evidence presented. Accordingly, Board Members should recuse themselves from acting on any matter in which they cannot be as impartial as a reasonable person would require. To this end, Board Members should avoid acting on matters in which they are biased, have preconceived points of view, have a direct interest in the outcome, or under circumstances where they have prejudged the issue at hand. This is not to say that Board Members acting in such capacity cannot have predisposed views about public safety, economic development, or other interests/concerns. Similarly, the Board member may have some background knowledge and general familiarity with the facts, parties, and/or circumstances. It is sufficient if the member can lay aside his/her personal impressions or opinions and render an unbiased decision based on merits of the matter and the materials and/or evidence presented.

CODE OF CONDUCT

Board Members are expected to anticipate and avoid incidents of potential conflict, or the appearance of conflict, when a matter comes before them that involve a spouse, close family member, friend, or partner and to refrain from participating in any discussions or taking any action with regard to such a matter. Similarly, these Board Members are expected to anticipate and avoid incidents of potential conflict, or the appearance of conflict, when a matter that comes before them involves a supplier, business associate, prospective customer/client, under circumstances where the Board Member may ultimately receive some pecuniary gain, employment, advantage, contract or favor as a direct result of, or in exchange for, any actions or inaction of the Board Member. As indicated above, such gain must be immediate, definite and capable of demonstration, not remote, uncertain, contingent or speculative. Such pecuniary interest, benefit, or gain must be of the type or magnitude that individuals of ordinary capacity, intelligence, and means would be influenced by it. Other Board Members and other Township Employees are encouraged to raise questions of potential conflict in public or nonpublic session as the situation demands.

business transactions

No Township Employee or Board Member shall have any direct personal or pecuniary interest in a contract or transaction with the Township of Brick, nor shall he/she furnish directly any equipment, goods, materials, or supplies to the Township in exchange for any form of pecuniary gain, compensation, or benefit, except as otherwise permitted by State law. In the event a Township Employee or Board Member obtains employment with, or an interest in, any company or business which furnishes goods or services to the Township of Brick, the Township Employee or Board Member must declare his/her interest and refrain from recommending, debating, discussing, acting, or ultimately voting on a question of contracting with the business or company. After such disclosure is made, the Township Administrator shall determine whether it is in the best interests of the Township to continue contracting with such business or company. Ultimately, the determination of whether to continue the contractual relationship will be determined based upon whether continuation of the relationship creates the appearance of impropriety or a conflict of interest; even though such conflict may not, in a technical sense, exist.

Misuse of Information

No Township Employee or Board Member shall utilize or dispense information gained through their official capacity in a manner that gives the Township Employee or Board Member any type of personal profit or pecuniary gain not otherwise available to members of the general public. Similarly, Township Employees and Board Members shall not share such information with family members, partners, clients, customers, friends, business associates, or members of the general public, in exchange for any pecuniary gain, interest, employment, personal advantage, or contract. This provision shall not apply to information that is already been made part of the public record. A violation of this provision shall not be found based solely upon circumstantial evidence.

Collection of Fees OR GIFTS

No Township Employee shall collect any fees, salaries, favors, or other payments in exchange for work performed within his/her scope of official duties, except as provided by ordinance or State law. No Township employee shall solicit or accept any employment, fee, gift, favor, or gratuity that could, in any manner, be reasonably construed to affect, influence, diminish, or impair the performance of his/her official duties. This shall include referral fees, finder’s fees, commissions, or other miscellaneous kickbacks. Similarly, no Township employee shall be involved in contracting with any vendor under circumstances where the employee will personally receive in exchange for any such purchase any pecuniary gain, free gifts, favors, commissions, employment, kick backs, discounts on subsequent personal purchases, or any other incentives that do not directly benefit the Township of Brick. This provision does not prevent Township Employees from recognizing each other through the exchange of incidental holiday or birthday gifts, awards, plaques, trophies, or retirement presents.

VIOLATIONS

Violations of this policy undermine the confidence that the general public has in the Township government. The Township must operate effectively and efficiently, so that we will encourage individuals and businesses to become, or remain, a part of the community. Accordingly, all Township Employees and Board Members must avoid circumstance that damage public confidence. Violations of this policy that occur under circumstances where the Township Employee or Board Member knew, or should have known, that the conduct in question violated this Code of Conduct, must have strong consequences. Accordingly, violations of this policy may subject the Township Employee or Board Member to sanctions, which may include, but are not limited to, written or oral warnings, suspension, termination of employment, removal from office, official censure or reprimand, or forfeiture of elected seat. This policy shall be enforced by a Court of competent jurisdiction with regard to members of the Township Council or other elected officials; by the Township Council as it pertains to individuals appointed to various Boards, Commissions, or Committees thereby; and by the Mayor, Township Council or Township Administrator, as appropriate, with regard to Township employees, and individuals appointed to various Boards, Commissions or Committees thereby.