ARTICLE VII. GENERAL PROVISIONS

7.1 Elective city offices.

The mayor and the members of the council shall be the only elective city offices. They shall be nominated and elected as required by the charter at a general election, or if there is no general election in a year when an election is required to fill a vacancy, at an election to be held on the first Tuesday after the first Monday in November of such year, in accordance with the provisions of Title 19 of the Revised Statutes.

7.2 Councilmanic wards; reapportionment.

(a) Until the first election for city offices to be held not less than 6 months after the promulgation of a Federal census, the boundaries of the four councilmanic wards shall be the same as those set forth for the wards by chapter 18 of the revised ordinances of the city of Plainfield, New Jersey, 1957.

(b) Immediately following the promulgation of each Federal census, a city reapportionment commission shall be constituted, consisting of the city chairman of each political party which polled at least 20 of the vote cast at the last general election for members of the General Assembly, and not more than 2 additional members who hold no other public office to be appointed by those herein designated. If they fail to make said appointment, by filing notice thereof with the city clerk within 30 days after the promulgation of the census, the appointment or appointments shall be made by the mayor with the advice and consent of the council. The city reapportionment commission shall review and if necessary revise the ward boundaries, so that the wards shall not differ in population according to the then most recent Federal census, by more than 10 respectively, of the population of the least populous ward. The commissioners shall make and file their report within 60 days after the official promulgation of the Federal census by filing a copy thereof, signed by at least 2 of the commissioners in the office of the city clerk, and in such other offices as shall be required by law. Thereafter, the boundaries of the wards so described in the report shall be used for the election of councilmen until the taking and promulgation of the next Federal census and the making and filing of another reapportionment commission report.

7.3 Dual office holding.

No officer under the city government shall hold or retain any office under the county government, nor shall any officer under the county government be eligible tu hold or retain office under the city government, except in each case when any such office is held ex officio by virtue of an act by the Legislature. Any person holding city office, whether by election or appointment who shall, during his term to office, accept, hold or retain any other civil office of honor, trust or emolument under the government of the United States, except commission for the taking of bail, or under the government of the State, except the office of notary public or commissioner of deeds or officer of the National Guard, or who shall hold or accept any other office connected with the government of the city, or who shall accept a seat in the Legislature, shall be deemed thereby to have vacated any office previously held by him under the city government; except that the mayor may accept, or may in writing authorize any other person holding office to accept, a specified civil office, in respect to which no salary or other compensation is provided.

7.4 Conflict of interests.

(a) Except as provided by paragraph (b) of this section, no officer or employee under the city government shall have any interest, direct or indirect, in any contract with the city, or with any agency or instrumentality thereof, whenever any such officer or employee, individually or as a member of a board, may:

(i) Prepare, authorize or approve the contract or authorize or approve payment thereunder;

(ii) Audit bills or claims under the contract; or

(iii) Appoint an officer or employee who has any of the powers or duties set forth in (i) or (ii) above.

(b) The provisions of paragraph (a) of this section shall not apply to:

(i) The designation of an official depository of city funds unless the city administrator, director of administration and finance, or city treasurer has an interest in such depository;

(ii) The designation of an official newspaper;

(iii) The purchase of real property or an interest therein, provided that purchase and the consideration therefor is approved by order of the Superior Court upon petition of the council.

(c) "An interest in a contract" within the meaning of this section shall not include the holding of stock in a corporation listed on any national securities exchange, or an interest in a contract for public utilities service when the rates or charges therefor are fixed or regulated by a governmental agency.

(d) Any city officer or employee who has, will have, or later acquires an interest, direct or indirect, in any actual or proposed contract with the city shall publicly disclose the nature and extent of such interest in writing to the council as soon as he has knowledge of such actual or prospective interest. Such written disclosure shall be made part of and set forth in the official record of the proceedings of the council. Once disclosure has been made by an officer or employee with respect to an interest in a contract with a particular person, firm, corporation or association, no further disclosures need be made by such officer or employee with respect to additional contracts with the same party during the remainder of the fiscal year.

(e) Any contract with the city obtained or procured in violation of this article shall be void.

(f) Any city officer or employee who willfully and knowingly violates the foregoing provisions of this section shall forfeit his office or employment.

7.5 Code of ethics.

The council shall provide by ordinance for the adoption of a code of ethics setting forth for the guidance of the employees and officers of the city, the standards of ethical conduct in the performance of their duties which will be required of them. Any such code may provide standards for officers and employees with respect to:

(a) Representation of private interests before city agencies and courts;

(b) Disclosure of interest in legislation before the council;

(c) Acceptance of gifts and favors;

(d) Disclosure of confidential information;

(e) Holding of investments in conflict with official duties;

(0 Incompatible employment;

(g) Future employment; and

(h) Such other standards relating to the conduct of officers and employees as may be deemed advisable; provided, however, that no provision which in any way conflicts with the provisions of this article shall be authorized.

7.6 Fraud of officers or employees.

Any councilman or other officer or employee of the city who shall willfully violate or evade any provision of law relating to his office or employment, or commit any fraud upon the city. or convert any of the public property to his own use, or knowingly permit any other so to convert it or by gross or culpable neglect of duty allow the same to be lost to the city, upon conviction thereof and in addition to other penalties imposed by law, shall forfeit his office or employment, and be excluded forever after from receiving or holding any office or employment under the city government.

7.7 Duty to testify.

If the mayor, any councilman or other officer or employee of the city shall, after lawful notice or process, expressly referring to this section, willfully refuse or fail to appear before any local legislative committee, or any city officer, board or body authorized to conduct any hearing or inquiry, or having appeared shall refuse to testify or to answer any question relevant to the hearing or inquiry regarding the property, government or affairs of the city or regarding the nomination, election, appointment or official conduct of any officer or employee of the city, his term or tenure of office or employment shall terminate and such office or employment shall be vacant, and he shall not be eligible thereafter to election or appointment to any office or employment under the city government or any agency thereof.

7.8 Conviction of crime.

Any person convicted of a crime involving moral turpitude shall be ineligible to hold any city office, position or employment, and upon conviction thereof while in office or employment shall forfeit his office or employment, except as may be otherwise provided by the administrative code with respect to specified employments.