Responsibilities

State employees are obligated to:

Supervisors - All employees with supervisory responsibilities must annually fill out a conflicts of interest certification.

Faculty - All professors/instructors must annually fill out a "scholarly capacity" disclosure form.

Procurement Personnel - All individuals involved in purchasing decisions must file and update a personal and business relationships disclosure form.

Additional Ethics Code Requirements

All employees with supervisory responsibilities must annually fill out a conflicts of interest certification.

No employee may "be placed in a direct or indirect reporting relationship with any person related to him/her" Similarly, New Jersey State Ethics Commission regulations and the State’s Uniform Ethics Code prohibit State employees from supervising or exercising authority with regard to personnel actions over relatives, persons with whom they live, or persons they are dating. Such employment relationships include student employees, part-time, temporary and, of course, full-time employees, and for these purposes, a “relative” is defined as an individual’s spouse or the individual’s or spouse’s parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister.

To ensure compliance with the State code and regulations, the New Jersey State Ethics Commission requires that employees annually fill out a form to certify that they have reviewed the list of employees under their supervision (whether direct supervision or as part of the chain of supervision) to determine if any of them meet the criteria set forth above. After completing this form, please send it to University Staffing Services in the Division of Human Resources, College Hall, Room 316B.

Activity Conducted in a Scholarly Capacity

For State Ethic Commission purposes, "scholarly capacity" means any pedagogical, academic, artistic, educational, or scholarly activity performed by a State employee for the institution of higher education that employs or has appointed such State employee.

Acting in a scholarly capacity, a State employee may attend, participate in, or make presentations at colloquia, seminars, conferences, or similar scholarly gatherings so long as the State employee notifies his or her department head of his or her attendance, participation, or presentation. The direct or indirect benefits provided to the State employee acting in a scholarly capacity may include the acceptance of reasonable travel and subsistence expenses and allowable entertainment expenses. The State employee acting in a scholarly capacity may accept an honorarium, academic prize, or other thing of value if the honorarium, academic prize, or other thing of value reflects payment for orally sharing his or her intellectual property.

State employees may accept compensation for published works not created as part of their official duties. Except as provided below, however, they shall not accept compensation for published work(s) created as part of their official duties on State time utilizing State resources.

A State employee acting in a scholarly capacity may accept compensation for published works created as part of his or her official duties on State time utilizing State resources.

A State employee acting in a scholarly capacity may require the use of his or her own published work in a course that he or she teaches. However, monies resulting from such use must be donated to the college or university or other nonprofit institution.

A State employee acting in a scholarly capacity may accept compensation for the use of his or her published work in a course that he or she does not teach, provided that he or she was not involved in the selection of the published work for use in that course.

A State employee serving in a scholarly capacity shall disclose annually any travel, subsistence, or entertainment expenses, honoraria, academic prizes, royalties, or other things of value related to activities performed in his or her scholarly capacity received in the prior calendar year. The sources of all such expenses and things of value shall be identified.

 

Personal and Business Relationships Disclosure Form

State officers and employees and special State officers and employees of State agencies to file disclosure statements about personal and business relationships with vendors.

Only individuals involved in purchasing need to complete the form, but the legislation does not focus solely on Procurement Services: All individuals who have review or approval roles need to file — and later update — disclosure statements. Disclosure should cover the period of five years prior to the completion of the form.

It is normal for employees in Procurement Services to get to know individual vendors over the years. If such relationships extend beyond the workplace to include meals, golf outings, and the like, however, employees must note such relationships in their disclosure statements. If State employees have no business interests or relationships to report, they should note that in their statements.

Although the form is meant primarily for internal use, the State Ethics Commission will also keep copies on file.

Department of the Treasury Business Ethics Guide

Personal and Business Relationship Disclosure Form

Personal and Business Relationship Disclosure Form FAQs

Recusal is the process by which a person is disqualified or disqualifies him or herself from participation in a matter due to a conflict of interest. Because of frequent inquiries regarding the necessity for recusal, the Commission in 2001 adopted rules N.J.A.C. 19:61-7.1 et seq. The purpose of the recusal rule is to provide State officials with guidance regarding the circumstances under which they must recuse, and to establish procedures for properly effectuating a recusal. The rule applies to: full- and part-time State employees; members of boards, commissions, committees, and authorities; and persons appointed as New Jersey members of interstate agencies.

Recusal is required when:

  • there exists any financial or personal interest, direct or indirect, that is incompatible with the discharge of the State official’s public duties.
  • a financial or personal interest might reasonably be expected to impair a state official’s objectivity and independence of judgment in the exercise of his or her official duties or create an appearance of impropriety.

A financial or personal interest includes, but is not limited to:

  • outside employment;
  • a debtor or creditor relationship;
  • a fiduciary relationship;
  • a source of income;
  • a matter pertaining to a relative or cohabitant;
  • a matter pertaining to a business associate or business investment; or
  • a leadership role in a professional or trade organization.

Recusal may be required in other situations even in the absence of such financial or personal interests depending on the totality of the circumstances.

The Commission must be copied on all agency determinations regarding proposed joint ventures or private financing.

More information can be found here.

Employees are not permitted to accept anything of value if it is intended to influence any member of the University community. Employees must report all gifts from employment-related sources to the ethics liaison officer.  This includes perishable items, which the Ethics Liaison Officer will donate appropriately.  

View details on gifts

Section 14 of the New Jersey Conflicts of Interest Law prohibits direct or indirect acceptance of any thing of value that a State officer or employee knows or has reason to believe is offered with the intent to influence. It also prohibits acceptance through a spouse, any member of the family, or any partner or associate.

Section 23(e)(6) of the Conflicts Law prohibits acceptance of any thing of value under circumstances from which it might reasonably be inferred that the thing of value was offered for the purpose of influencing the discharge of official duties.

Section 24 of the Conflicts Law prohibits soliciting, receiving, or agreeing to receive any compensation, reward, employment, gift, or other thing of value from a source other than the State for any matter related to official duties.

A gift may be any tangible or intangible item of value such as:

  • reasonable fees for published works;
  • travel expenses not paid by the State;
  • a service, cash, entertainment, hospitality, a gratuity, or a favor; or
  • travel, a discount, a loan, or forbearance of a loan.

Section 24 does not apply to solicitation or acceptance of campaign contributions for an announced candidate for elective public office. A gift is not:

  • snacks such as coffee, donuts, or bagels;
  • greeting cards or items of little intrinsic value such as plaques, certificates, and trophies;
  • anything for which you paid fair market value;
  • anything of value accepted by the government under statutory authority;
  • opportunities and benefits, including favorable rates and commercial discounts, available to the public or all government employees; or
  • pens, calendars, mugs, or other items of trivial or nominal value.

It is frequently prudent to decline a gift if you believe it would give the appearance of favoritism or a loss of impartiality — even though it meets the exception criteria.

What should you do when you receive a gift? Immediately report it to your ethics liaison officer. Your ELO will determine:

  • whether the gift was given with an intent to influence or reward performance of official duties or
  • whether use of the item will create an impression of a conflict of interest.

If either of these conditions is satisfied, the ELO shall return the gift to the donor. In the case of perishables like flowers or fruit, the ELO may donate the item to a nonprofit entity like a hospital, nursing home, or soup kitchen.

 

University employees should not undertake any employment or service, whether compensated or not, which might reasonably be expected to impair their objectivity and independence of judgment in the exercise of their official duties.

An employee’s participation in any service, activity or employment that is outside his/her official University duties may be prohibited by the Conflicts Law, other State or Federal law or regulation, and/or the State of New Jersey Uniform Ethics Code. Accordingly, employees must obtain the approval of the Ethics Liaison Officer (ELO) prior to engaging in any of the following outside activities:

1)     Commencement of any business, trade, profession or other compensated employment, including the acceptance of compensation for a speech or published work;

2)     Uncompensated or volunteer work for or with any entity; or

3)     Holding office or title in the governing or advisory board of any entity.

Prior to engaging in any new employment or outside activity, employees must obtain approval from their supervisors and the ELO by submitting a completed Outside Activities Questionnaire.  The Outside Activities Questionnaire must be completed and approved by the employee’s supervisor and the ELO prior to engaging in such employment or activity and must be updated and approved as necessary whenever there is a change in outside activities or employment. 

The University’s ELO shall review all Outside Activities Questionnaires and determine whether the outside activity is permissible in accordance with the Conflicts Law and the State of New Jersey Uniform Ethics Code.  Consistent with the Uniform Ethics Code, the University shall require disclosure of additional information regarding the outside activities of its employees as necessary to address the needs of the University.

An employee may appeal the ELO’s decision to disapprove an outside activity. Such appeal shall be submitted in writing to the State Ethics Commission within 60 days of the employee’s receipt of the ELO’s decision. The appeal shall cite the relevant section(s) of the Conflicts Law or Uniform Ethics Code, or other authority which supports the position of the employee that such outside activity should be permitted.

 Rev. Oct. 2014

Outside Activities Form and Access Information

Electronic filing is the preferred method for submission.  Employees should file the Outside Activities Questionnaire electronically via the University’s portal.  To access the form, log on to WP Connect and select the Employee tab.  Under Employee Applications, select the Employment link.  The Outside Activities Questionnaire is located directly below Employment Opportunities.

Alternatively, a hard copy of the Outside Activities Questionnaire can be found at the link below.  Employees may submit a hard copy of the form directly to the Ethics Liaison Officer, Office of Human Resources, College Hall Room 150.All State employees must complete the Outside Activity Questionnaire on commencement of employment, every other year thereafter, and whenever there is a change in the employee's outside activity.  It is not necessary to report on activity conducted in a scholarly capacity on the Questionnaire.

If you have any questions, please contact the Department of Human Resources at extension x5293 or the University's Ethics Liaison Officer.  Employees whose Questionnaires do not win approval have the right to appeal that decision to the State Ethics Commission.