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NEW JERSEY DEPARTMENT OF LABOR CODE OF ETHICS
Introduction
As public employees, we hold the public’s trust and must adhere to the highest ethical standards. We need to avoid even the appearance of a conflict of interest which may compromise the public’s trust. The Code of Ethics describes the kinds of activities and situations which all NJDOL employees must avoid. Although this booklet covers a lot of material, we encourage you to become familiar with the Code. If you have any questions, please contact the departmental Ethics Liaison Officer at (609) 984-1366.
When in doubt, check it out!
I. Purpose
This Code supplements the New Jersey Conflicts of Interest Law (N.J.S.A. 52:13D-12 et seq.) and supersedes our previous Code of Ethics. It applies to all employees of the New Jersey Department of Labor.
II. Definitions
Code - shall mean this Code of Ethics.
Employee - shall mean any person employed by or serving as an officer or special State officer with the New Jersey Department of Labor.
Ethics Liaison Officer (ELO) - shall be the Commissioner’s designee for ethics issues.
Immediate Family Member - shall mean the employee’s spouse, child, parent or sibling residing in the same household.
NJDOL or Department - shall mean the New Jersey Department of Labor.
Special State Officer - shall mean individuals who are compensated employees of NJDOL or those who serve without compensation, such as members of NJDOL commissions, councils, or advisory boards.
Vendor - shall mean any general contractor, subcontractor, consultant, person, firm, corporation, or organization engaging in, or seeking to do, business with NJDOL.
III. Policy
NJDOL is committed to serve the workers, employers, and the public of New Jersey effectively and efficiently. All employees must conduct themselves, in the course of their duties, in a manner which will hold the respect, trust, and confidence of the public. They must avoid any outside employment, activity, or association which is, or appears to be, a violation of the public interest. Listed below are three types of activities which could undermine public trust and confidence in the Department:
• Activities which so clearly constitute a conflict of interest that they are prohibited. Example: the acceptance of a gift or favor from anyone doing business with the Department or the solicitation of a bribe.
• Activities which may raise questions about an employee’s integrity. Although the employee may have done no wrong, he or she is under an obligation to report such activities to the Ethics Liaison Officer. Example: an offer of a bribe or gift.
• Activities which may give the appearance of a conflict of interest. Employees are required to notify the Ethics Liaison Officer and, in some cases, obtain permission before engaging in such activities. Example: receiving an invitation to an event from someone doing business with the Department. Whenever an employee has a question regarding conflict of interest, the employee must contact the Department’s Ethics Liaison Officer.
IV. Use of State Property
Employees shall not use State property or funds for the personal use or benefit of themselves or others.
V. Use of Official Stationery
Official stationery is to be used for the conduct of the Department’s business. It should not be used for personal business or for any purposes that could create an impression that the State officer or employee was engaged in an unwarranted use of his or her position. Official stationery must also not be used if its use would tend to imply State or departmental endorsement for programs or events which have not been approved.
VI. Acceptance of Gifts and Favors
A. Employees shall report all gifts, favors, services, employment, offers of employment, or any thing of value received as a departmental employee, to the Ethics Liaison Officer.
B. Employees shall not accept any gift, favor, service, or any thing of value which might create the impression that it was given or offered for the purpose of influencing them in the discharge of their official duties.
C. Unsolicited gifts of nominal value (i.e. complimentary articles offered to the public in general and gifts received as a result of mass advertising mailings to the general business public) may be retained by the employee or the Department for general use if it does not create a perception of a conflict of interest. Example: An appearance of a conflict of interest may be created if an employee uses a pocket calendar conspicuously marked with the name of a company which NJDOL regulates; displaying a wall calendar from a vendor could create the impression of an endorsement.
D. In planning retirement functions, the responsible group or individual must choose between two approved alternatives to fund the value of any gifts to be presented:
• Gifts may be funded by a maximum contribution of $5 per person, collected from invitees to the retirement function. If this method of funding is used, no maximum value is set for the cost of the gifts; but contributions of more than $5 per invitee are not permitted.
• When no maximum is set on individual contributions, the total value of retirement gifts to the retiree, spouse, and dependent(s) must not exceed $1,000. If, instead of presenting gifts to the retiree, spouse, and dependent(s), a monetary contribution is made to a qualified organization, under I.R.S. Code 501(c)(3), no limit is placed on the maximum value of the contribution.
VII. General Restrictions
A. Employees shall not have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity which is, or could appear to be, in conflict with the proper discharge of their duties.
B. Employees shall not act in any way which might create an impression among the public with knowledge of their acts that they may be engaged in conduct which violates their trust as a State employee.
C. Employees shall not act in their official capacity on any matter in which they have a direct or indirect personal or financial interest which might reasonably be expected to impair their objectivity.
D. Employees shall not undertake or execute any contract, agreement, sale, or purchase valued at $25 or more which is entered into, awarded, or granted by any State agency, except as noted in VII.I below; however, special State officers with departmental duties involving the purchase of property or services are only prohibited from contracting with NJDOL.
E. Employees shall not act on behalf of a State agency for the transaction of any business with themselves or with an entity in which they own or control more than 10% of the stock.
F. Employees, or any entity in which they have an interest, shall not represent, appear for, or negotiate on behalf of any person or party other than the State in connection with any matter pending before the Department orany other State agency; however, special State officers are only prohibited from appearing before NJDOL.
G. Employees, or any entity in which an employee has an interest, shall not represent any party in connection with any matter pending before the Department.
H. Employees who are licensed by the State to engage in any business, profession, trade, or occupation shall disclose that information on the Department’s Conflict of Interest Questionnaire, Form HR-229, to the Ethics Liaison Officer who will ensure that copies are transmitted to the Executive Commission on Ethical Standards. Such licenses include, but are not limited to, those for accountants, architects, attorneys, electricians, insurance brokers, land surveyors, plumbers, professional engineers, professional planners, real estate agents, etc.
I. Employees are permitted to enter into purchases, contracts, agreements, or sales with any State agency, made or let after public notice and competitive bidding or may be made or let without public advertising or bids pursuant to N.J.S.A. 52:34-10; however, prior approval must be obtained from the Executive Commission on Ethical Standards.
VIII. Misuse of Official Position
A. Employees shall not use their positions with the Department to secure unwarranted privileges or advantages for themselves or others.
B. Employees shall not disclose information which is not available to the public during, or after separation from, State service.
IX. Outside Employment and Activities
A. Employees shall not accept employment or provide services for any private or other public entity, whether compensated or not, when that employment or service is in conflict with their official duties or when that employment may tend to impair their objectivity or independent judgment. The hours of outside employment may not conflict with their departmental work hours. Employees shall not act in their official capacity on any matter wherein they have a direct or indirect personal interest.
B. Employees seeking outside employment, whether compensated or not, must first file the Department’s Conflict of Interest Questionnaire, Form HR-229, which is subject to the Ethics Liaison Officer’s approval and transmittal to the Executive Commission on Ethical Standards. Service for any other State, county, regional, or municipal governmental body, agency, commission, department, or board, whether compensated or not, is also considered to be employment.
C. Employees participating in outside professional organizations should not use State equipment and time for activities which are not related to their jobs and not approved by supervision. To ensure that there is no conflict of interest, employees should report their professional affiliations to the Ethics Liaison Officer on Form HR-229. Voluntary activities which do not pose a conflict of interest with departmental employment (e.g., CYO Director or Little League Coach) need not be reported.
D. Employees are required to report any immediate family member employed by a contractor, consultant, vendor, or any other company or firm doing business with the Department on Form HR-229.
E. Employees who have direct and substantial contact with any vendor doing business with the Department must not circulate resumes or seek employment with that vendor until contact ceases. If an employee is solicited for potential employment by a vendor with whom he/she has direct and substantial contact, that solicitation must be disclosed immediately to management and to the Ethics Liaison Officer. Questions about soliciting employment with any vendor should be discussed with the Ethics Liaison Officer.
X. Post-Employment Restrictions
Employees, after leaving State service, are prohibited from taking any action on any matter on which they conducted any investigation, rendered any ruling, gave any opinion, or had been otherwise substantially and directly involved while employed by the Department. Questions concerning possible post-employment conflicts should be addressed to the Ethics Liaison Officer prior to termination of employment or to the Executive Commission on Ethical Standards subsequent to termination.
XI. Vendor Guidelines
Vendors and contractors who deal with the Department’s various divisions and offices must be made aware of N.J.A.C. 12:3-1, Section 12:3-1.6.
No State vendor may pay, offer to pay, or agree to pay anygift or thing of value to any State employee with whom the vendor transacts business. Any gift or thing of value received by a departmental employee from a vendor must be reported, in writing, to the Ethics Liaison Officer.
The full text of the New Jersey Department of Labor Code of Ethics for Vendors is available from the Department’s Ethics Liaison Officer. You may request a copy by telephone at 609-984-1366.
XII. Casino-Related Restrictions
A. NJDOL employees who are not subject to financial disclosures by law or executive order and their immediate family members must request clearance from the Executive Commission on Ethical Standards before accepting employment in the casino industry.
B. Employees who are subject to financial disclosures by law or executive order shall not hold any interest in, or employment with, any casino license holder or applicant for a casino license while employed by NJDOL and for a period of two years following separation from State service. Immediate family members must request clearance from the Executive Commission on Ethical Standards before accepting employment in the casino industry.
XIII. Political Activity
A. Under NJ Department of Personnel regulations, an employee shall not use his or her authority or influence to control or modify the political action of another person. An employee shall not participate in political activity during the work day. A State employee retains the right to vote as he or she chooses and to express his or her opinions on political subjects and candidates.
B. Under the Federal Hatch Act, executive branch employees in any State agency whose principal employment involves an activity financed in whole or in part by Federal loans or grants:
• May not run for nomination or be a candidate for public office in a partisan election.
• May not use official authority or influence to interfere with or affect the results of an election or a nomination for office.
• May not directly or indirectly coerce contributions from subordinates in support of a political party or candidate.
A violation by an employee may be cause for removal and/or a loss of Federal loans or grants to the Department. Questions may be referred to the Ethics Liaison Officer.
XIV. Violations and Sanctions
Employees who violate this Code are subject to sanctions in accordance with the Conflicts of Interest Law (N.J.S.A. 52:13D-12 et seq.), the Code of Criminal Justice (N.J.S.A. 2C:1-1 et seq.) and the Civil Service Act (N.J.S.A. 11A:1-1 et seq.). The sanctions may include fines, prison terms, removal or suspension from office or employment, and ineligibility for future State office or employment.
XV. Reporting Complaints Alleging Violations
Employees who have a complaint about an alleged violation should prepare
a memorandum/letter describing the incident(s) and forward it to: Ethics
Liaison Officer NJDOL - 12th Floor
PO Box 044
Trenton, NJ 08625-0044
All complaints will be acted upon in accordance with departmental procedures.
REMEMBER: When in doubt, check it out!
If you need this document in braille, large print or audio cassette, call the Office of Publications and Special Projects at 609/292-3221 or NJ Relay (TTY) 1-800/852-7899.
AD-86 (R-7-98)
