| ETHICS
BOARD ADVISORY OPINONS |
Advisory Opinions
The Atlantic County Ethics Board was created to interpret the New Jersey
Local Government Ethics Law as it applies to officers and employees
of Atlantic County. The Board issues advisory opinions in response
to questions about whether or not an officer's or employee's course
of action might violate the Local Government Ethics Law and the Atlantic
County Code of Ethics. Any officer or employee serving Atlantic County
may request an advisory opinion as to whether any proposed activity
or conduct would constitute a violation of The Local Government Ethics
Law, the Atlantic County Code of Ethics or any financial disclosure
requirements. A supervisor or department head may also request an advisory
opinion about the application of these laws to the employment-related
conduct of any public employee they supervise. A member of the public
cannot seek an advisory opinion.
Advisory Opinion Forms
"Request for Advisory Opinion" Forms are available from the Atlantic
County Ethics Board. Please contact Ms. Mary Maudsley, Board Solicitor,
at 390-9078 for a copy of the form. You must complete all sections of the
form, sign it, and send the original and seven copies back to the Atlantic
County Ethics Board at ATTENTION: Jerry Steiner, Esq., Secretary, 1210
South Main Street, P.O. Box 817, Pleasantville, NJ 08232. The Ethics Board
must render an advisory opinion within thirty (30) days after the Board
receives the request.
Confidentiality
The Atlantic County Ethics Board is required by law to keep advisory
opinions (including the name of the requester and the subject matter)
confidential, unless two-thirds of all of its members directs that
the opinion be made public. Public advisory opinions cannot disclose
the name of the local government officer or employee unless the ethics
board, in directing that the opinion be made public, so determines.
(40A:9-22.17)
When to Seek an Advisory Opinion
Atlantic County officers and employees may reference the Local Government
Ethics Law and the Atlantic County Code of Ethics for quick answers
to unambiguous ethical questions. For example, the Local Government
Ethics Law clearly provides that no local government officer or employee
may use information he/she obtains through his/her employment which
is not available to members of the general public in order to obtain
financial gain for himself/herself or members of his/her family.
However, many situations are more ambiguous and may require the officer
or employee to seek an advisory opinion from the Atlantic County Ethics
Board. The following are some hypothetical examples of questions which
might arise and for which an employee or officer of Atlantic County
should seek an advisory opinion from the Atlantic County Ethics Board.
Hypothetical Examples
DISCLAIMER: The hypothetical examples listed below are not intended as
answers to particular questions. They are merely illustrations of the
kinds of requests that may come to the Atlantic County Ethics Board
and the kinds of factors that the Board may consider in rendering its
decision.
1) An Atlantic County employee is elected to a municipal office. His/her
duties would bring him/her into contact with Atlantic County Government.
That employee might seek an advisory opinion as to any potential conflicts
of interest from the Atlantic County Ethics Board, specifying the duties
of his/her elected position and his/her duties as an Atlantic County
employee.
2) An Atlantic County employee is offered a part-time job in a field
related to his/her employment with the county. That employee may need
to seek an advisory opinion as to whether or not his/her outside employment
might constitute a conflict with their position as a county employee.
3) If a county employee or a family member is the owner of a business,
he/she would need to seek an advisory opinion concerning any potential
conflict of interest if his/her business has any relationship with the
county.
4) An Atlantic County employee or public official who wants to participate
in a Sheriff's sale as a bidder for the sale of property might request
an advisory opinion as to whether or not his/her participation violates
the Local Government Ethics Law.
5) If any employee or public official is prohibited from accepting any
compensation or gratuities for a particular service which that employee/official
performs, may the employee or public official suggest that the recipient
of the service make a contribution to a particular charity? The employee/public
official should seek an advisory opinion in order for the Ethics Board
to determine whether or not such a suggestion would be the equivalent
of compensation. |
