New Jersey § 52:13d-23

§ 52:13d-23.

(a)(1) The head of each State agency, or the principal officer in charge of a division,

board, bureau, commission or other instrumentality within a department of State Government

designated by the head of such department for the purposes hereinafter set forth,

shall within six months from the date of enactment, promulgate a code of ethics to

govern and guide the conduct of the members of the Legislature, the State officers

and employees or the special State officers and employees in the agency to which said

code is applicable. Such code shall conform to the general standards hereinafter set forth in this section,

but it shall be formulated with respect to the particular needs and problems of the

agency to which said code is to apply and, when applicable, shall be a supplement

to the uniform ethics code promulgated pursuant to paragraph (2) of this subsection. Notwithstanding any other provisions of this section, the New Jersey members to

any interstate agency to which New Jersey is a party and the officers and employees

of any State agency which fails to promulgate a code of ethics shall be deemed to

be subject to a code of ethics the provisions of which shall be paragraphs (1) through

(6) of subsection (e) of this section. (2) Within 180 days following the effective date of this act, P.L.2005, c. 382, the State Ethics Commission shall promulgate a uniform ethics code to govern and

guide the conduct of State officers and employees and special State officers and employees

in State agencies in the Executive Branch. Such code shall conform to the general standards hereinafter set forth in this section,

shall be the primary code of ethics for State agencies once it is adopted and a code

promulgated pursuant to paragraph (1) of this subsection shall be a supplement to

the primary code. The head of each State agency, or the principal officer in charge of a division,

board, bureau, commission or other instrumentality within a department of State Government

designated by the head of such department shall revise each code of ethics promulgated

prior to the uniform code to recognize the uniform code as the primary code. (b) A code of ethics formulated pursuant to subsection (a) of this section to govern

and guide the conduct of the State officers and employees or the special State officers

and employees in any State agency in the Executive Branch, or any portion of such

a code, shall not be effective unless it has first been approved by the State Ethics

Commission. When a proposed code is submitted to the said commission it shall be accompanied

by an opinion of the Attorney General as to its compliance with the provisions of

this act and any other applicable provision of law. Nothing contained herein shall prevent officers of State agencies in the Executive

Branch from consulting with the Attorney General or with the State Ethics Commission

at any time in connection with the preparation or revision of such codes of ethics. (c) A code of ethics formulated pursuant to this section to govern and guide the conduct

of the members of the Legislature, State officers and employees or special State officers

and employees in any State agency in the Legislative Branch, or any portion of such

code, shall not be effective unless it has first been approved by the Legislature

by concurrent resolution. When a proposed code is submitted to the Legislature for approval it shall be accompanied

by an opinion of the chief counsel as to its compliance with the provisions of this

act and any other applicable provisions of law. Nothing contained herein shall prevent officers of State agencies in the Legislative

Branch from consulting with the Chief Legislative Counsel or the Joint Legislative

Committee on Ethical Standards at any time in connection with the preparation or revision

of such codes of ethics. (d) Violations of a code of ethics promulgated pursuant to this section shall be cause

for removal, suspension, demotion or other disciplinary action by the State officer

or agency having the power of removal or discipline. When a person who is in the classified civil service is charged with a violation

of such a code of ethics, the procedure leading to such removal or discipline shall

be governed by any applicable provisions of the Civil Service Act, N.J.S. 11A:1-1 et seq. , and the Rules of the Civil Service Commission . No action for removal or discipline shall be taken under this subsection except

upon the referral or with the approval of the State Ethics Commission or the Joint

Legislative Committee on Ethical Standards, whichever is authorized to exercise jurisdiction

with respect to the complaint upon which such action for removal or discipline is

to be taken. (e) A code of ethics for officers and employees of a State agency shall conform to

the following general standards: (1) No State officer or employee or special State officer or employee should have

any interest, financial or otherwise, direct or indirect, or engage in any business

or transaction or professional activity, which is in substantial conflict with the

proper discharge of his duties in the public interest. (2) No State officer or employee or special State officer or employee should engage

in any particular business, profession, trade or occupation which is subject to licensing

or regulation by a specific agency of State Government without promptly filing notice

of such activity with the State Ethics Commission, if he is an officer or employee

in the Executive Branch, or with the Joint Legislative Committee on Ethical Standards,

if he is an officer or employee in the Legislative Branch. (3) No State officer or employee or special State officer or employee should use or

attempt to use his official position to secure unwarranted privileges or advantages

for himself or others. (4) No State officer or employee or special State officer or employee should act in

his official capacity in any matter wherein he has a direct or indirect personal financial

interest that might reasonably be expected to impair his objectivity or independence

of judgment. (5) No State officer or employee or special State officer or employee should undertake

any employment or service, whether compensated or not, which might reasonably be expected

to impair his objectivity and independence of judgment in the exercise of his official

duties. (6) No State officer or employee or special State officer or employee should accept

any gift, favor, service or other thing of value under circumstances from which it

might be reasonably inferred that such gift, service or other thing of value was given

or offered for the purpose of influencing him in the discharge of his official duties. (7) No State officer or employee or special State officer or employee should knowingly

act in any way that might reasonably be expected to create an impression or suspicion

among the public having knowledge of his acts that he may be engaged in conduct violative

of his trust as a State officer or employee or special State officer or employee. (8) Rules of conduct adopted pursuant to these principles should recognize that under

our democratic form of government public officials and employees should be drawn from

all of our society, that citizens who serve in government cannot and should not be

expected to be without any personal interest in the decisions and policies of government;

that citizens who are government officials and employees have a right to private interests

of a personal, financial and economic nature; that standards of conduct should separate

those conflicts of interest which are unavoidable in a free society from those conflicts

of interest which are substantial and material, or which bring government into disrepute. (f) The code of ethics for members of the Legislature shall conform to subsection

(e) hereof as nearly as may be possible.