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GENERAL PRINCIPLES

The New Jersey Conflicts of Interest Law (N.J.S.A. 52:13D-12 et seq.) establishes specific

standards of conduct for State employees and officers. In accordance with N.J.S.A. 52:13D-23, the

Department of Law and Public Safety promulgates this Code of Ethics to govern the conduct of all State

officers and employees as defined by N.J.S.A. 52:13D-13(b) within the Department and special State

officers and employees as defined by N.J.S.A. 52:13D-13(e) within the Department.

This Code of Ethics establishes the general standards of conduct to be followed by all

officers and employees within the Department of Law and Public Safety under the supervision of the

Attorney General. It is applicable to all temporary and permanent personnel in the career, unclassified and

senior executive services, and it is deemed to have been accepted as a condition of employment by any

individual who continues to be or becomes an officer or employee of any Division or Agency within the

Department.

In addition to the purposes and goals stated in N.J.S.A. 52:13D-12 and N.J.S.A. 52:13D-23,

the Department of Law and Public Safety promulgates this Code to preserve public confidence in the

administration of justice and the enforcement of laws, to maintain the efficiency and morale of the

Department’s officers and employees, to protect the integrity of the public employment system, and to

protect its officers and employees from private, commercial, economic or political interference.

I. GENERAL DUTIES OF OFFICERS AND EMPLOYEES

A. An officer or employee shall hold office or employment as a public trust and shall

strive to preserve and protect the public’s confidence in the Department’s fair and

impartial execution of its duties and responsibilities.

B. An officer or employee shall support the Constitution of the United States and the

Constitution of the State of New Jersey and shall comply with the laws, statutes and

ordinances of this State and its political subdivisions and the laws and statutes of

the United States.

C. An officer or employee shall make decisions in connection with official duties on

a fair and impartial basis and without regard to race, color, sex, religion, age,

handicap, national origin, marital status, affectional or sexual orientation, political

affiliation or other improper consideration.

D. An officer or employee shall perform duties with professionalism and with courtesy

to other officers and employees and the public.

E. An officer or employee shall hold in public trust any property owned or leased by

the State, or any other property or funds entrusted to him or her in the course of his

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or her duties and shall exercise reasonable care to protect such property from waste,

destruction, or improper use.

II. DUTIES RELATED TO PERFORMANCE OF OFFICE AND EMPLOYMENT

A. Officers and employees shall avoid any knowing conduct that might reasonably be

expected to create an impression or suspicion among the public having knowledge

of their acts that they are engaged in conduct violative of the public’s trust.

B. Officers or employees shall not use an official position to secure unwarranted

privileges, benefits, or advantages for themselves or others.

C. Officers or employees shall not perform their official duties in any manner from

which it might be reasonably inferred that the influence either of a personal

relationship or of an unprofessional circumstance caused them to act in a biased or

partial manner.

D. Officers or employees shall not act in an official capacity in any matter wherein they

have a direct or indirect interest, financial or otherwise, which might reasonably be

expected to impair their objectivity and independence of judgment in the discharge

of their duties or to interfere with the operation of the Department.

E. Officers or employees shall not use Departmental personnel, property, supplies or

information to in any manner further private interests or satisfy private obligations.

F. Officers or employees shall not disclose in the furtherance of any private interest

any confidential information, not available to the public, acquired in the course of

duties or by virtue of their public employment.

G. Officers or employees shall not falsify, or knowingly alter, destroy or conceal any

writing or record or other form of evidence required to be kept by law or regulation

or Departmental policy which is entrusted to them in the course of their duties.

III. OUTSIDE INTERESTS/EMPLOYMENT ACTIVITIES/ANNUAL DISCLOSURE

A. No officer or employee shall have any direct or indirect interest, financial or

otherwise, which is in substantial conflict with the proper discharge of duties or

interferes with the operation of the Department.

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B. No officer or employee shall engage in any transaction, business, or professional

activity which is in substantial conflict with the proper discharge of duties or

interferes with the operation of the Department.

C. No officer or employee shall engage in any business, profession, trade or occupation

which is subject to licensing or regulation by a Division or Agency in the

Department or any other State agency without first filing a notice of such activity

with the Executive Commission on Ethical Standards and a copy of the notice with

the Division or Agency Ethics Officer.

D. No officer or employee shall undertake any employment, self-employment, or

service, whether compensated or not, which might reasonably be expected to impair

the objectivity and independence of judgment required in public employment or to

interfere with the operation of the Department. No State officer or employee who

is an attorney and is otherwise permitted to engage in the private practice of law

shall represent any party in any criminal or quasi-criminal matter or before a State

licensing or regulatory body or in any other matter or litigation in which the State

has an interest adverse to that of the attorney’s client, whether or not the

representation is for compensation.

E. 1. No officer or employee shall engage in outside employment or act

as an independent contractor, whether or not for compensation,

without first submitting a written request for approval to the

Division Director or Agency Head, or designee. The approval of

such outside activity shall not be unreasonably withheld. The

provisions of this paragraph are not intended to supersede or

conflict with any existing negotiated labor agreement which may

govern an officer’s or employee’s rights and obligations in this area,

nor are they intended to apply to special State officers or employees.

2. Every State officer or employee who is granted an approval pursuant

to the provisions of Paragraph 1 shall promptly file a copy of the

approval with the Executive Commission on Ethical Standards and,

thereafter, annually on the first day of the month of June, shall

disclose in writing to the Executive Commission on Ethical

Standards whether the officer or employee is still engaged in the

outside employment, self-employment or other business activity. A

copy of the annual disclosure shall be provided to the Division or

Agency Ethics Officer. Annual disclosure to the Executive

Commission on Ethical Standards shall not be required if the

Division Director or Agency Head determines, at the time of the

approval, that the outside employment, self-employment or business

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activity is unrelated to the State officer’s or employee’s position with

the Department.

F. Officers and employees are free to engage in volunteer activities on behalf of

nonprofit charitable, religious, sports, professional and other nonprofit

organizations provided such activities would not reasonably be expected to cast

material doubt on their objectivity and independence of judgment in the exercise

of their official functions.

G. No officer or employee shall make use of his or her office or employment for the

purpose of promoting or advertising any off-duty activity which is either prohibited

or permitted by this Code.

H. A State officer or employee shall meet his or her responsibilities for the payment

of federal, state and local taxes and shall promptly satisfy all final judgments, liens,

decrees or similar court-ordered obligations placed upon him or her.

I. An officer or employee, in a private capacity, may publish any work or give any

speech which would not reasonably be expected to cast material doubt on his or her

objectivity and independence of judgment in the exercise of his or her official

functions. When publishing any work or giving any speech in a private capacity

under circumstances which identify him or her as an employee or official of this

Department, a State officer or employee shall declare, in writing or orally as

appropriate, that the views expressed are his or hers and do not reflect the views of

the Attorney General, the Department or any other agency of State Government.

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IV. GIFTS/ATTENDANCE AT CONFERENCES AND REGULATED PUBLIC EVENTS

A. No officer or employee shall solicit, receive or agree to receive, whether directly or

indirectly, any gift or benefit of any kind, whether or not pecuniary in nature, under

circumstances from which it might be reasonably inferred that the gift or benefit

was given or offered for the purpose of influencing the officer or employee in, or

rewarding him or her for, the discharge of official duties or because of his or her

status as a public officer or employee.

B. An officer or employee shall immediately report to the Department Ethics Officer

any offer of employment or of any gift or benefit, whether or not pecuniary in

nature, made with the purpose of influencing the performance of his or her duties

or made because of his or her status as an officer or employee by a person or

organization with whom the officer or employee has had contact in his or her

official capacity. No such offer or gift or benefit shall be accepted or transferred

by an officer or employee prior to receiving approval from the Department Ethics

Officer.

C. Unsolicited gifts or benefits of trivial or nominal value such as complimentary

articles offered to the public in general are presumed not to violate the provisions

of Paragraph A or B of this section unless circumstances exist which create a

reasonable doubt as to the intention with which the benefit or gift was offered.

D. No officer or employee shall accept reimbursement from any source other than the

State of New Jersey for expenses associated with attendance at an event sponsored

by a person or organization:

1. that is or may reasonably be anticipated to be subject to the

regulatory, licensing, or supervisory authority of the officer’s or

employee’s agency;

2. that is a supplier to the officer’s or employee’s agency;

3. that advocates or represents the positions of its members to the

officer’s or employee’s agency; or

4. that has a majority of members who are as described in 1 through 3

of this paragraph.

However, subject to the approval of the Agency Head or designee and in

accordance with N.J.A.C. 19:61-6.4, this prohibition need not apply if the event is

designed to provide training, dissemination of information, or the exchange of ideas

and the State official is making a speech, is participating in a panel at the event, or

is an accompanying resource person for the speaker and/or participant.

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E. No officer or employee who speaks as a Department representative at an event

sponsored by an entity other than a New Jersey state or local government agency,

a non-New Jersey state or local government agency, or a federal agency shall agree

to permit such remarks to be taped or otherwise memorialized by that entity for

commercial purposes or for re-sale or for re-use without first seeking the approval

of the Department and Agency Ethics Officers.

F. An officer or employee may accept an award or other honor given by a charitable

or civic group because of the officer’s or employee’s public service provided the

officer or employee accepts no monetary award, honorarium or stipend or other

thing of value other than a plaque, trophy or other commemorative item of nominal

value and provided attendance at any event or function at which the award is made

is in accordance with this Code and any other relevant guidelines issued by the

Executive Commission on Ethical Standards. Notice of any such award should be

given to the Division Director or Agency Head prior to its acceptance by the officer

or employee.

G. For the purposes of this section, the term "regulated event" means an event,

exhibition or activity to which admission is charged (a) which is licensed or

otherwise regulated by an officer’s or employee’s agency or (b) the participants in

which are licensed or otherwise regulated as participants by an officer’s or

employee’s agency.

1. An officer or employee who (a) attends a regulated event for

purposes other than to perform official duties or (b) obtains tickets

for the attendance of others must purchase tickets to the regulated

event under the same conditions and at the same prices that are

available to the general public. If the officer or employee receives

tickets from any other source for his or her own attendance or for

the attendance of others, such officer or employee shall, within five

business days of the receipt of the ticket, disclose to the Department

Ethics Officer the following information in writing: (a) the date, the

location, and the nature of the event for which each ticket was

received, and (b) the source from which each ticket was received.

2. No officer or employee subject to this section shall, directly or

indirectly,

(a) accept cost-free seating at a regulated event unless in

attendance to perform official duties or

(b) provide cost-free seating at a regulated event to any

individual who is not an officer or employee of the agency

unless that individual will be in attendance for an official

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business purpose which requires the individual to be seated

during the regulated event and the attendance of the

individual has been approved, after consultation with the

Department Ethics Officer, in writing by the Division

Director or Agency Head prior to the individual’s attendance

at the regulated event.

V. POLITICAL ACTIVITIES

A. No officer or employee shall engage in political activity during the hours of duty or

at any other time so as to interfere with the operation of the Department of Law and

Public Safety.

B. No officer or employee shall directly or indirectly use or seek to use the authority

or influence of his or her position to control or modify the political action of

another person, to coerce contributions from other officers or employees in support

of any political cause or to interfere with or influence any political matter.

C. No officer or employee shall contribute or induce another to contribute funds,

personal services or any other thing of value to a candidate for public office in a

manner designed to circumvent the requirements of any statute governing

contributions.

D. No officer or employee shall display a political picture or sticker on any state-owned

or state-leased property or wear any indicia of political affiliation while on duty or

while in a uniform identifying the individual as an officer or employee.

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E. All Assistant Attorneys General, all Deputy Attorneys General and all State officers

and employees with authority to enforce the criminal laws of New Jersey shall

refrain from engaging in the following activities:

1. be a candidate for or hold any elected public office or be a candidate

for or hold any elected or appointed political party office or actively

participate or assist in any campaign for these offices, including but

not limited to, planning, hosting, being a speaker at or otherwise

actively participating in events related to such campaigns;

2. organize or reorganize a political party organization or political club

or be a candidate for or serve as an officer or member of any

partisan political committee;

3. perform any polling duties except when in the performance of his or

her official duties;

4. directly or indirectly solicit, receive, collect, handle, disburse or

account for assessments, or other funds for a partisan political

purpose.

5. publicly endorse or speak on behalf of or against the election to

public office or political party office of a specific candidate or

candidates or of the candidates of a particular political party in

general.

6. engage in any political activity in a manner which calls attention to

or in any way relies on his or her status as a law enforcement officer

or employee.

7. engage in any activity prohibited by this Section through any group,

association, corporation or organization of which the majority of

members are subject to the provisions of this section or as a

representative of any group, association, corporation or organization

regardless of whether the majority of the members are subject to this

section.

A covered officer or employee is not prohibited from voting, making political

contributions when otherwise permitted to do so, privately expressing partisan

political preferences or attending political functions in a private capacity.

F. All other State officers and employees who intend to be a candidate for or hold any

elected or appointed public or political party office shall give written notice of such

activity to the Division Director or Agency Head.

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G. Any officer or employee whose principal employment with the Department is in

connection with an activity which is financed in whole or in part by loans or grants

made by the United States or a Federal Agency shall not engage in political

activities that would violate the Hatch Act.

When used in this Section, "political activity" means activity primarily aimed at affecting

the election to public office or political party office of a specific candidate or candidates

or of the candidates of a particular political party in general.

VI. SPECIAL OBLIGATIONS OF ATTORNEYS EMPLOYED BY THE DEPARTMENT

As used in this section, the term attorney shall include any Assistant Attorney General,

Deputy Attorney General or any other attorney holding office or employment with the Department whose

duties include the rendering of legal advice, legal analysis or other legal services in connection with the

business and duties of the Department.

A. Attorneys shall conduct themselves in accordance with every affirmative duty and

obligation imposed by the New Jersey Rules of Professional Conduct and other

court rules and directives or statutes governing the conduct of attorneys.

B. Attorneys shall not represent any party other than the State of New Jersey, or engage

in the private practice of law in any other way, whether or not the attorney receives

compensation, except that attorneys may without compensation represent

themselves or their spouses, children or parents with the approval of the Attorney

General or designee to the extent permitted by III-D. Representation of the

designated family members shall also be limited to matters which are not of an

adversarial nature.

C. Deputy and Assistant Attorneys General are expected to devote their full attention

to official duties and to be available for work outside of normal office hours as their

caseload requires and in emergent situations. However, with the approval of the

Attorney General or designee, any attorney may engage in limited outside

employment or provide services as an independent contractor that do not involve

the private practice of law or the provision of other legal services, provided the

employment or services will not interfere with the performance of the attorney’s

duties, including the attorney’s ability to respond to unanticipated caseload and

emergent time demands. An attorney may receive reasonable compensation for

such services. Requests for approval shall be submitted in writing to the attorney’s

Division Director who shall forward the request along with a recommendation to

the Department Ethics Officer for review by the Attorney General. Renewed

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approvals of such outside activity must be sought annually from the Attorney

General.

D. 1. An attorney, in a private capacity, may be a member of, hold any

leadership position in, or participate in the activities of any bar or

professional organization devoted to the improvement of the law,

the legal system, the administration of justice or the enhancement of

the skills and professionalism of the members of the bar, subject to

Section III-F of the Code. Such attorney may also serve on the

editorial board of, or contribute written work to, publications of

such organizations or of other legal or professional publications,

subject to the provisions of Sections III-I and VI-C of the Code.

2. An attorney may also be designated by the Attorney General,

Division Director or Agency Head to engage in such activities in an

official capacity.

VII. DISCLOSURE/ASSISTANCE

A. It shall be the duty of an officer or employee to refrain at all times from any criminal

conduct and to cooperate with law enforcement officers in the proper performance

of their official duties.

B. It shall be the duty of a State officer or employee who is aware of conduct by

himself or herself or any other officer or employee in the Department which

violates this Code of Ethics, State or federal law to disclose the conduct to the

Department Ethics Officer.

In situations where the conduct of an officer or employee in the Department

involves potential criminality, disclosure should be made to the Director of the

Criminal Justice Division who shall initiate, if necessary, a confidential

investigation and inform the Department Ethics Officer or other relevant supervisor

of the conduct at the appropriate time.

C. It shall be the duty of a State officer or employee who reasonably believes any

activity, policy or practice of the Department is in violation of a law, or a rule or

regulation promulgated pursuant to law, or is fraudulent or criminal, or is

incompatible with a clear mandate of public policy concerning the public health,

safety or welfare to disclose the activity, policy or practice to the Department Ethics

Officer pursuant to the provisions of the Conscientious Employee Protection Act,

N.J.S.A. 34:19-1 et seq.

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D. It shall be the duty of an officer or employee charged with a crime or charged with

an offense or motor vehicle violation that would adversely impact on the

performance of duties to report the charge to the Division or Agency Ethics Officer.

E. It shall be the duty of a State officer or employee who intends to testify on behalf

of an accused in a criminal action, or on behalf of a party that is an adversary to the

State of New Jersey in a civil action to promptly notify the Division or Agency

Ethics Officer.

F. An officer or employee who has a reasonable doubt as to the propriety under this

Code or other Department regulation or policy or under the New Jersey Conflicts

of Interest Law of any action shall seek the assistance of the Division or Agency

Ethics Officer or the Department Ethics Officer to resolve the doubt before taking

the action. Such assistance shall also be sought when reasonable doubt exists as to

the application or meaning of any provision of this Code or the New Jersey

Conflicts of Interest Law.

G. Any disclosure, notification, reporting or requests for assistance or advice required

by the provisions of this section shall be made by the officer or employee in the

form of a written explanation of all relevant circumstances and details. In

appropriate matters, the Division Director or Agency Head shall request the

Department Ethics Officer to seek, on behalf of the employee or the Department,

a formal advisory opinion from the Executive Commission on Ethical Standards.

VIII. PENALTIES

Persons who violate the provisions of this Code of Ethics shall be subject to removal,

suspension, demotion or other disciplinary action by the Department and may also be subject to

investigation by the Executive Commission on Ethical Standards and the penalties presently provided in

N.J.S.A. 52:13D-21 or in any analogous statute subsequently provided by legislative action.

Any paraphrased restatements of criminal or civil statutes contained in this Code of Ethics

in no way constitute an interpretation or construction of them that is binding upon the Department of Law

and Public Safety or the State of New Jersey. This Code does not purport to paraphrase or enumerate all

restrictions or requirements imposed by statutes, Executive Orders, regulations, or directives issued by the

Attorney General on State officers and employees and special State officers and employees. Nothing

herein is intended to limit the authority of the Attorney General or the Commissioner of Personnel to

impose or administer discipline on a Department employee pursuant to the laws, rules, and regulations

governing the status and discipline of officers and employees or to modify or abridge standards of conduct

imposed by statute or law on the officers and employees of any division or agency in the Department.

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IX. EFFECTIVE DATE

This Department Code of Ethics, subject to the approval of the Executive Commission on

Ethical Standards, shall take effect immediately and supersedes any previously promulgated Department

Code of Ethics.

Formally approved by the Executive Commission on Ethical Standards on February 15,

1989. Amended and formally approved on November 29, 1989. Amended Section V (Political Activities)

formally approved by the Executive Commission on Ethical Standards on September 17, 1992. Amended

Sections I-C, III-D and E, IV, and VI-B and C formally approved on February 24, 1993. Amended and

formally approved on June 27, 1996.