of Ethics Online Collection: None
CODE OF CONDUCT FOR EMPLOYEES OF THE OFFICE OF THE GOVERNOR
I. PURPOSE
The Governor hereby adopts this Code of Conduct as the appropriate standard of conduct for
employees of the Office of the Governor. The Code supersedes all previous codes of ethics promulgated
for the Governor’s Office and shall apply to all employees, as hereinafter defined. The Code is adopted to
help maintain public trust and confidence and to inform employees of the standard or conduct expected of
them.
II. STATEMENT OF POLICY
The Office of the Governor exists to serve the public interest. All employees of the Governor’s
Office must, therefore, conduct themselves in the course of their duties in a manner that fosters the
respect, trust and confidence of the public. Employees must avoid any activity or association that is, or
appears to be, a violation of the public trust.
This Code of Conduct prohibits conflicts that are substantial and material or that may bring
government into disrepute. This Code is not intended to be applied in a vacuum. To that end, it attempts
to balance public perception with the practical realities of government service. Under our democratic
form of government, public employees should be drawn from all of our society and citizens who serve in
government should enjoy a presumption of honest behavior and faithful performance in the discharge of
their duties. The standards set forth in this Code should be read so as to prohibit conflicts that are
substantial and material or that bring government into disrepute.
In any instance in which an employee is not certain what the standard of conduct should be, the
employee should consult the Chief Counsel to the Governor or his or her designee, who, for purposes of
this Code, shall serve as the Governor’s Ethics Liaison Officer to the New Jersey Executive Commission
on Ethical Standards.
III. DEFINITIONS
Unless a different meaning clearly appears from the context, the following terms shall have the
following meanings:
"Cause, proceeding, application or other matter’’ shall mean a specific cause, proceeding or
matter and does not mean or include determinations of general applicability or the preparation or review of
legislation which is no longer pending before the Legislature or the Governor.
"Code" shall mean this Code of Conduct.
"Employee" shall mean any appointed person employed in the Governor’s Office, whether
classified, unclassified, senior executive service member, temporary or permanent, in a part-time or
full-time capacity.
"Entity" shall mean any committee, corporation, partnership, firm, organization or association.
"Ethics Liaison Officer" shall mean the Chief Counsel to the Governor or his or her designee.
"Legislative agent" shall mean any person who receives or agrees to receive, directly or
indirectly, compensation, in money or anything of value (including reimbursement of his or her expenses
where such reimbursement exceeds $100.00 in any three-month period), to influence legislation or to
influence regulation, or both, by direct or indirect communication with or by making or authorizing, or
causing to be made or authorized, any expenditures providing a benefit to a member of the Legislature,
legislative staff, the Governor, the Governor’s staff, or any officer or staff member of the Executive
Branch, or who holds himself or herself out as engaging in the business of influencing legislation or
regulation by such means or who, incident to his or her regular employment, engages in influencing
legislation or regulation by such means. However, a person shall not be deemed a legislative agent who,
in relation to the duties or interests of his or her employment or at the request or suggestion of his or her
employer, communicates with a member of the Legislature, with legislative staff, with the Governor, with
the Governor’s staff, or with an officer or staff member of the Executive Branch concerning any legislation
or regulation, if such communication is an isolated, exceptional or infrequent activity in relation to the
usual duties of his or her employment. For the purposes of this definition, activities to influence
legislation, or influence regulation, shall be deemed "isolated, exceptional or infrequent" if they constitute
less than 20 hours of the time an employee spends working at his or her employment during a calendar
year. "Legislative agent" shall include any person or entity acting on behalf of same.
"Lobbyist" shall mean any corporation, partnership, firm, organization, association, individual,
labor union, committee or person that employs, retains, designates, engages or otherwise uses the services
of any legislative agent to influence legislation or regulation. "Lobbyist" shall include any person or entity
acting on behalf of same.
"Member of the immediate family" shall mean the spouse, child, parent or sibling residing in the
same household as the person in question.
"Office or Governor’s Office" shall mean the Office of the Governor including, by way of example
and not limitation, the Office of the Chief of Staff, the Office of the Chief Counsel to the Governor, and
the Office of Policy and Planning.
"Personal funds" shall mean funds of a natural person. "Personal funds" shall not include funds
that are loaned, advanced or reimbursed to that person for the purpose of providing anything of value to an
employee by a vendor, regulated entity, legislative agent or lobbyist.
"Regulated entity" shall mean any casino license applicant or casino licensee and any
corporation, partnership, firm, organization, association, individual or person, which or who is subject to
rate or other significant regulation by the State and any affiliates, subsidiaries, co-adventures or partners
thereof. "Regulated entity" shall include any person or entity acting on behalf of same. "Regulated entity"
shall not include any municipal or county authority established pursuant to the Revised Statutes of New
Jersey.
"State" shall mean the State of New Jersey.
"State Committee" shall mean the State Committee of any political party organized pursuant to
N.J.S.A. 19:5-4.
"Vendor" shall mean any corporation, partnership, firm, organization, association, individual or
person who has contracted or bid to provide property, goods or services directly to the Office of the
Governor. "Vendor" shall include any person or entity acting on behalf of same.
IV. CODE OF CONDUCT
(A) SOLICITATION AND RECEIPT OF GIFTS AND OTHER ITEMS
(1) Except as otherwise provided herein or unless offered to the general public, an employee shall
not solicit, receive or agree to receive, whether directly or indirectly, any compensation, reward, gift,
favor, service, outside employment, offer of outside employment, preferential loans, services at
preferential rates, discounts, gratuities, meals, lodging, travel expenses or anything of monetary value from
any vendor, regulated entity, legislative agent or lobbyist.
(2) An employee may accept gifts, favors, services, gratuities, meals, lodging or travel expenses
from relatives or personal friends that are paid for with personal funds.
(3) An employee may accept gifts, favors, services, gratuities, meals, lodging or travel expenses
that are paid for by a State Committee or similar entity.
(4) An employee may accept, with the approval of the Ethics Liaison Officer, reimbursement of
actual expenses for travel, lodging and meals in connection with speeches or published works on matters
within the scope of the employee’s official duties, for which reimbursement is not sought or received from
the State.
(5) An employee shall report and turn over to the Ethics Liaison Officer any offer or receipt of any
compensation, reward, gift, favor, service, outside employment, offer of outside employment, preferential
loan, services at preferential rates, discounts, gratuities, meals, lodging, travel expenses or anything of
monetary value from any vendor, regulated entity, legislative agent or lobbyist, within five (5) business
days of such offer or receipt.
The report shall be made on forms or in the manner prescribed by the Ethics Liaison Officer and
shall describe:
(a) the compensation, reward, gift, favor, service, outside employment, offer of outside
employment, preferential loan, service at preferential rates, discount, gratuity, meal, lodging, travel
expenses or thing of monetary value;
(b) the identity of the vendor, regulated entity, legislative agent or lobbyist;
(c) the circumstances under which the gift, reward, favor, compensation, service, outside
employment, offer of outside employment, preferential loan, service at preferential rates, discount,
gratuity, meal, lodging, travel expenses or thing of monetary value was offered;
(d) the nature of the employee’s interaction or relationship with the donor;
(e) whether the offer, receipt or agreement was made on work time or personal time; and
(f) why the employee believes that acceptance of the compensation, reward, gift, favor, service,
outside employment, offer of outside employment, preferential loan, service at preferential rates, discount,
gratuity, meal, lodging, travel expenses or thing of monetary value will not create an appearance of
impropriety or otherwise violate this Code.
(6) An employee is not required to notify the Ethics Liaison Officer of the receipt of unsolicited
ordinary advertising material of nominal monetary value including, by way of example, pens, pencils,
calendars and similar items.
(7) For purposes of this section IV of this Code, something will be considered to be indirectly
solicited or received if it is delivered to someone other than the employee in the name of the employee and
at the direction of the employee. Compensation, rewards, gifts, favors, services, outside employment,
offers of outside employment, preferential loans, services at preferential rates, discounts, gratuities, meals,
lodging, travel expenses or things of monetary value will not be considered to be received or indirectly
solicited by the employee if the employee donates said things to the State or a charity, provided that the
donation is made in the name of the donor by the employee. A copy of the correspondence documenting
such a donation by an employee shall, at the time of transmission to the organization, be provided to the
Ethics Liaison Officer.
(B) ATTENDANCE AT EVENTS AND FUNCTIONS
(1) An employee may attend any event or function paid for with personal funds on the employee’s
personal time.
(2) An employee may attend any event or function on work time if approved by the employee’s
supervisor as official business and if the employee’s attendance is paid for by the State.
(3) An employee may, on the employee’s personal time, attend an event or function paid for by a
State Committee or similar entity.
(4) An employee may attend events or functions other than events or functions open to the general
public or those described in (1), (2) or (3) above only after receiving a approval from the Ethics Liaison
Officer.
Examples of such events or functions include a conference, ground-breaking, ribbon-cutting, meal,
open house, cocktail party, fund-raiser, holiday party, social function. If the employee wishes to attend
such an event or function, the employee shall report the receipt of the invitation through his or her
supervisor to the Ethics Liaison Officer. The report shall be made on forms or in the manner prescribed by
the Ethics Liaison Officer and shall describe:
(a) the event or function;
(b) the identity of the sponsoring organization;
(c) the circumstances under which the invitation was extended;
(d) the nature of the employee’s interaction or relationship with the sponsoring organization;
(e) whether the employee will attend the event on work time or personal time; and
(f) why the employee believes that the employee’s attendance at the event or function and/or
acceptance of a thing of monetary value from the sponsoring organization will not create an appearance of
impropriety or otherwise violate this Code.
The Ethics Liaison Officer shall, in consultation with the employee’s supervisor, determine:
(a) whether representation of the Office is appropriate or whether the employee may only attend
the event or function on personal time;
(b) whether acceptance of the invitation is in conflict with this Code; and
(c) whether the Governor’s Office might wish to underwrite the costs incurred for participation in
the activity as an alternative to accepting the invitation as offered.
(C) CONFLICTS AND APPEARANCES OF CONFLICTS
(1) An employee shall not have any direct or indirect interest, financial or otherwise, or engage in
any business or transaction or professional activity that is in substantial conflict with the proper discharge
of the employee’s duties in the public interest.
(2) An employee licensed by the State or a State agency to engage in any business, profession,
trade or occupation shall not engage in such business, profession, trade or occupation without promptly
filing notice of such activity with the Ethics Liaison Officer and the New Jersey Executive Commission on
Ethical Standards.
(3) An employee shall not use or attempt to use the employee’s official position or information in
the employee’s possession as a result of the employee’s official position to secure unwarranted privileges
or advantages for the employee or others.
(4) An employee shall not act in the employee’s official capacity in any matter wherein the
employee has a direct or indirect personal financial interest that might reasonably be expected to impair
the employee’s objectivity or independence of judgment.
(5) An employee shall not either personally or through any person or entity undertake or execute
any contract, agreement, sale or purchase valued at $25.00 or more with any State agency, except as
otherwise provided by statute and approved by the Ethics Liaison Officer.
(6) An employee shall not undertake any outside employment or service, whether compensated or
not, which might reasonably be expected to impair the employee’s objectivity and independence of
judgment in the exercise of the employee’s official duties.
(7) An employee shall not accept any personal gift, favor, service or other thing of value under
circumstances from which the employee knows or has reason to believe that such personal gift, favor,
service or other thing of value is offered with the intent to influence the employee in the performance of
the employee’s public duties or 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 the employee in the
discharge of the employee’s official duties.(8) An employee shall not directly or indirectly solicit, receive or agree to receive any
compensation, reward, favor, service, outside employment, preferential loan, service at preferential rates,
discount, gratuity, meal, lodging, payment of travel expenses or anything of value from any source other
than the State for any service, advice, assistance or other matter related to the employee’s official duties.
This prohibition shall not apply to reimbursement, approved by the Ethics Liaison Officer, of actual
expenses for travel, lodging and meals in connection with speeches or published works on matters within
the scope of the employee’s official duties for which reimbursement is not sought or received from the
State.
(9) An employee shall not knowingly act in any way that might reasonably be expected to create
an impression or suspicion among the public having knowledge of his or her acts that the employee may
be engaged in conduct inconsistent with this Code.
(D) OUTSIDE EMPLOYMENT AND ACTIVITIES
(1) An employee shall not accept outside employment, render services, represent, appear for or
negotiate on behalf of any private or public interest except the State if such outside employment or
activity is incompatible or in conflict with the discharge of the employee’s official duties. Additionally, the
hours during which the employee engages in outside employment or activities shall not conflict with the
employee’s work hours.
(2) An employee shall disclose to the Ethics Liaison Officer and the New Jersey Executive
Commission on Ethical Standards all outside employment or activities, whether compensated or not, on
forms prescribed by the Ethics Liaison Officer or the New Jersey Executive Commission on Ethical
Standards, as the case may be, before undertaking any such employment or activity. For purposes of this
Code, "outside employment" shall include service for any other State, county, regional or municipal
government body, agency, commission, department or board, whether compensated or not.
(3) An employee shall not engage in such outside employment or activities without first receiving
approval from the Ethics Liaison Officer. The Ethics Liaison Officer may determine that continuing or
engaging in certain outside employment or activities would result in a violation of this Code and may
withhold approval. The Ethics Liaison Officer may approve outside employment or activities that are
limited in scope and which avoid the potential for a conflict or an appearance of a conflict because the
outside employment or activity does not involve substantial or material dealings with any vendor, regulated
entity, legislative agent or lobbyist.
(4) An employee licensed by the State or any State agency to engage in any business, profession,
trade or occupation shall disclose that licensure to the Ethics Liaison Officer and the New Jersey
Executive Commission on Ethical Standards. Examples of such licenses include, but are not limited to,
licenses for accountants, architects, attorneys, electricians, insurance brokers, counselors, land surveyors,
plumbers, professional engineers, professional planners, real estate agents and brokers.
(E) USE OF STATE INFORMATION, PROPERTY AND FUNDS, INCLUDING
OFFICIAL STATIONERY
(1) An employee shall use the information, property and funds under his or her official control in
accordance with prescribed procedures and not for personal gain or benefit.
(2) An employee shall not use or disclose information not generally available to members of the
public, which information is obtained during the course of the employee’s work within the Office, other
than such use or disclosure connected with the employee’s official duties.
(3) In addition to all other official uses, the following uses of State stationery are generally
permissible:
(a) to recommend a current or former employee or colleague for another position,
admission to a school or program, etc.; or
(b) to respond to inquiries from a private entity about a current or former employee or
colleague.
(4) The following uses of State stationery are impermissible:
(a) to promote a candidate for elective office;
(b) to endorse a vendor;
(c) to express a personal opinion on a matter that is not related to one’s official duties;
or
(d) to secure a personal financial gain or pursue a vested interest.
(5) The use of "personal" stationery imprinted with the name of the Office, the State Seal or other
indicia of the Office or the office or title of an employee, even though paid for with personal funds, is
impermissible.
(F) EMPLOYMENT AFTER LEAVING STATE EMPLOYMENT
After leaving employment in the Office, an employee shall not represent, appear for, negotiate on
behalf of or provide information or services not generally available to the public to anyone regarding any
cause, proceeding, application or other matter with respect to which the employee shall have made any
investigation, rendered any ruling, given any opinion, or been otherwise substantially and directly involved
at any time during the course of his or her employment. This prohibition also applies to professional
corporations and to partnerships, firms or corporations in which the former employee has an interest and to
all partners, officers or employees of such partnerships, firms or corporations.
Questions concerning possible post employment conflicts should be addressed to the Ethics Liaison
Officer prior to termination of employment.
(G) SPECIAL CASINO RELATED CONSIDERATIONS
(1) An employee is subject to the statutory provisions concerning contemporaneous and post-State
employment restrictions regarding casinos. The proscription is contained in N.J.S.A. 52:13D-17.2, a copy
of which is available from the Ethics Liaison Officer.
(2) In the event that the Legislature repeals or suspends N.J.S.A. 52:13D-17.2, in whole or in part,
the companion sections of this Code shall, to the same extent, be deemed repealed or suspended and of no
effect.
(H) CAMPAIGN WORK
(1) An employee shall not engage in campaign work on State time. "Campaign work” is work that
both: (a) does not reasonably and primarily fulfill the employee's official duties; and (b) materially
contributes to a person's chance of election or reelection to public office or the financial prospects of a
candidate.
(2) An employee may engage in campaign work voluntarily whenever he or she is not present in
State facilities or obligated to perform official duties.
(3) An employee shall not use the property of the Governor's Office for campaign work.
V. OTHER STATUTES AND RULES
In addition to this Code of Conduct, the applicable sections of which may be enforced by the New
Jersey Executive Commission on Ethical Standards, an employee is subject to all other applicable statutes,
rules and executive orders.
VI. VIOLATIONS AND SANCTIONS
An employee who violates this Code is subject to disciplinary action by the Governor's Office.
Violations of this Code may also constitute violations of other standards or statutes, including the New
Jersey Code of Criminal Justice, the sanctions for which may include fines and imprisonment.
All employees are advised to adhere to this Code strictly and to seek advice from the Ethics Liaison
Officer if they have any questions concerning their obligations.
APPROVED and ADOPTED this 30 th
day of November, 1994:
_______________________________
Christine Todd Whitman
Governor
Attest:
_________________________
Peter Verniero
Chief Counsel to the Governor
