[HISTORY: Adopted by the Town Board of the Town of Cornwall 7-12-1993
by L.L. No. 2-1993. Amendments noted where applicable.]
The Town Board of the Town of Cornwall recognizes that there are rules
of ethical conduct for public officers and employees which must be observed
if a high degree of moral conduct is to be obtained and if public confidence
is to be maintained in our unit of local government. The proper operation
of the town government requires that its officers and employees be independent,
impartial, objective, unbiased and responsible to the people of the Town of
Cornwall; that public office not be used for personal gain; that public officers
and employees maintain the highest standards of integrity and discharge faithfully
the duties of their office, regardless of personal considerations; and that
the public have confidence in the officers and employees thereof. It is the
purpose of this chapter to implement these objectives through the establishment
of standards of conduct, to provide for punishment of violations of such standards
and to create a Board of Ethics to render advisory opinions to the town's
officers and employees as provided for herein.
The standards, prohibitive acts and procedures established herein are
in addition to any prohibitive acts, conflicts of interest provisions or procedures
prescribed by statute of the State of New York and also in addition to common
law rules and judicial decisions relating to the conduct of town officers
to the extent that the same are more severe in their application than this
chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
A spouse, minor child or other dependent or relative residing in
the household of a town officer or employee.
Any claim, account or demand against or in agreement with the town,
express or implied, including designation of a depository of public funds
and the designation of an official newspaper, and direct or indirect pecuniary
or material benefit accruing to an officer or employee as a result of a business
or professional transaction with the town. For the purposes of this chapter,
an officer or employee shall be deemed to have a direct interest in the affairs
of:
His spouse, minor children and dependents.
A business concern, partnership or association of which such officer
or employee is a member, partner, owner, director or employee.
A corporation of which such officer or employee is an officer, director
or employee.
A corporation, any stock of which is owned or controlled, directly or
indirectly, by such officer or employee.
The Town of Cornwall or any of its boards, commissions or agencies,
whether operated or funded solely by the Town of Cornwall or jointly with
one or more other municipalities.
Any elected or appointed officer or any employee of the town, whether
paid or not, including members of any administrative advisory board, commission
or other agency thereof. For the purpose of this chapter, no person shall
be deemed a town officer or employee solely by reason of being a volunteer
fireman or civil defense volunteer or being employed by the town as a result
of a contractual agreement.
Any individual, group or firm which renders services on behalf of
the town to any town officer, Town Board, Planning Board, Zoning Board of
Appeals or any other town agency or commission.
A.
Employment.
(1)
No town officer, Town Board member, town employee or
town consultant shall have any interest, financial or otherwise, direct or
indirect, or engage in any business or transaction or professional activity
or incur any obligation of any nature, which is in conflict with or might
reasonably tend to conflict with the proper discharge of his duties in the
public interest.
(2)
No Town Board member, town officer, town employee or
town consultant shall accept other employment which will impair his independence
of judgment in the exercise of his official town duties.
(3)
No town officer, Town Board member or town employee shall
engage in, solicit, negotiate for or promise to accept private employment
or render services for private interests when such employment or service creates
a conflict with or impairs the proper discharge of his official duties.
B.
Disclosure of confidential information.
(1)
No town officer, Town Board member or town employee of
the town shall disclose confidential information acquired by him in the course
of his official duties or use such information to further his personal interests
or the private interests of others.
(2)
No Town Board member, town officer, town employee or
town consultant shall accept employment or engage in a business or professional
activity which will require him to disclose confidential information gained
by reason of his official position or authority.
C.
Misuse of authority. No Town Board member, town officer,
town employee or town consultant shall use or attempt to use his official
position to secure unwarranted privileges or exemptions for himself or others.
D.
Misuse of privilege. No Town Board member, town officer,
town employee or town consultant shall by his conduct give reasonable basis
for the impression that another can improperly influence him or unduly enjoy
his favor in the performance of his official duties or that he is affected
by kinship, rank, position or influence of any party or person.
E.
Compensation. No town officer, Town Board member, town
employee or town consultant shall receive compensation or enter into any agreement
to receive compensation, express or implied, with respect to any matter which
is, was or will be before the town for determination in the official capacity
of any town officer, Town Board member or town employee of the Town of Cornwall.
In addition, no town officer, Town Board member, town employee or town consultant
of the Town of Cornwall shall receive compensation or enter into any agreement,
express or implied, to receive compensation in relation to any matter before
any municipal agency, department, Board or commission, except as a part of
the official responsibilities of the members of the agency, department, Board
or commission, or as a function of the official position of the town officer,
Town Board member, employee or town consultant.
F.
Gifts. No Town Board member, town officer, town employee
or town consultant shall accept any gifts or gratuities in any way relating
to his official duties. The recipient of any such gift or gratuity shall immediately
return the same to the giver and shall notify the Town of Cornwall Board of
Ethics, in writing, of any such incident.
G.
Investments.
(1)
No town officer, Town Board members, town employee or
town consultants of the Town of Cornwall shall invest or hold any investment,
directly or indirectly, in any financial, business, commercial or other private
transaction, which creates a conflict with his official duties.
(2)
No town officer, Town Board member, town employee or
town consultant shall engage in any enterprises which he has reason to believe
may be directly involved in decisions to be made or advice to be given by
him or which will otherwise create substantial conflict between his duty and
the public interest and his private interest.
H.
Future employment.
(1)
No Town Board member, town officer or town employee shall,
within two years after the termination of his service, accept employment which
will require appearances before any Board, agency or commission of the Town
of Cornwall or conduct any official town business, transactions or professional
activity with any town officer, Town Board member or town employee where special
advantages by virtue of prior contact and relationship with the town may be
realized.
(2)
No Town Board member, town officer, town employee or
town consultant shall appear before any Board, agency or commission of the
Town of Cornwall in relation to any case, proceeding or application in which
he was directly concerned and personally participated or which was under his
active consideration during the period of his service or employment.
I.
Discrimination. No town officer, Town Board member or
town employee of the town or of any service or other organization chartered
by or directly or indirectly sponsored or supported by the town shall:
(1)
Discriminate or cause involuntary segregation, directly
or indirectly, based upon creed, color, national origin, sex or disability
or allow the preceding to be factors affecting the recruitment, selection,
placement, assignment, compensation or promotion of any town officer, Town
Board member, town employee or member of such service or other organization.
J.
Representation by consultant. No town consultant shall
appear on behalf of private interests before the Town Board or any other Board,
commission or agency of the Town of Cornwall or actively employed by the town.
K.
Political activity. No town officer, Town Board member
or town employee shall use his official position on behalf of any political
party, club, association, society or committee. In addition, no appointed
town officer or own employee shall hold office in any political party, club,
association, society or committee. This provision shall not be interpreted
or construed as precluding any town officer, Town Board member or town employee
from being involved in the political affairs of the Town of Cornwall as a
private citizen, nor shall it exempt any town officer, Town Board member or
town employee from any federal, state or local rules, regulations, codes of
conduct or other restrictions imposed by chapter.
A.
All elected and appointed officers, Board members, department
heads and their assistants and all town consultants are required, within 30
days of taking office or within 30 days of the effective date of this chapter,
to file a disclosure statement, in writing, to the Town Clerk, disclosing
all land holdings in the unincorporated area of the Town of Cornwall and all
land holdings in the incorporated area of any village within the Town of Cornwall,
whether held personally, by a spouse, by a dependent, jointly with a spouse
or dependent, jointly in partnership with others, as a partnership, limited
partnership, corporation, trust or any other similar entity the name of any
partnership, corporation or trust of which he or his spouse or dependent is
an officer, director or employee or which he or a spouse or a dependent, legally
or beneficially, owns or controls more than 5% of the outstanding stock or
interest, and his position, and his spouse or dependent's position, if
any, with the partnership, corporation or trust.
B.
In the event that a change occurs with respect to any
of the information required on the aforesaid confidential disclosure statement,
the party required to file such a statement shall file an amended statement
reflecting any such change in circumstances within 30 days from the date thereof,
unless requested by the Board of Ethics to do so sooner, in which case such
amended statement shall be filed within 10 days of the request for the same.
Failure to file the required disclosure statement in a timely fashion shall
be deemed a violation of this chapter.
If any Town Board member, town officer, town employee or town consultant
has a potential or actual conflict of interest in any matter which he encounters
in the performance of his official town duties, he shall make known to all
concerned parties the nature of such conflict and shall refrain from any participation
whatsoever in the matter so as to avoid true conflict. In all cases of potential
or actual conflict, the Town Board shall be made aware of the situation by
the person in conflict along with any other concerned parties, including the
Town of Cornwall Board of Ethics.
A.
There is hereby established a Board of Ethics consisting
of five members, one of whom shall be a town officer or employee and a majority
of whom shall be persons other than town officers or employees. All members
shall reside in the Town of Cornwall and shall serve without compensation.
B.
All members of the Ethics Board shall be appointed by
the Town Board for a term of five years, each term to expire at the end of
the town's official year; except that of those first appointed, one shall
be appointed for a term of five years, one for a term of four years, one for
a term of three years, one for a term of two years and one for a term of one
year.
C.
The Town Attorney shall provide such legal and advisory
services to the Board of Ethics as it may require in the performance of its
duties.
D.
At its first meeting each year, which shall be a public
meeting, the Town Board of Ethics shall elect a Chairman from among its membership.
A vote of at least three members shall be required for the Board to take any
action. The Board shall meet at least twice a year and at such times as it
may otherwise be necessary. The Chairman or any three members may call a meeting
of the Board.
The Board of Ethics shall have the following powers and duties:
A.
To prescribe and promulgate rules and regulations governing
its own organization and procedures in a manner consistent with this code.
B.
To render advisory opinions, upon written request to
any Board, department, town officer, Town Board member, town consultant or
town employee with respect to the interpretation or application of any provision
of this code. Opinions and requests for opinions shall be public record and
shall be indexed and maintained on file in an appropriate manner by the Town
Board of Ethics.
D.
To prepare an annual report to the Town Board, summarizing
the activities of the Ethics Board, and recommend changes to this code, as
necessary.
E.
To conduct investigations and recommend appropriate sanctions
of alleged violations of this code upon written notification of such alleged
violation by the Town Board of the Town of Cornwall.
F.
To refer any matter within its jurisdiction to the County
or State Ethics Board, as may be appropriate.
In addition to any penalty contained in any other provision of law,
any town officer, Town Board member, town employee or town consultant who
shall knowingly and intentionally violate any of the provisions of this code
may be fined, reprimanded, suspended or removed from office or employment
in the manner provided by law.
The Town Clerk shall cause a copy of Article 18 of the General Municipal
Law and this Code of Ethics to be distributed to every town officer, Town
Board member, town employee and town consultant within 15 days of the effective
date of this chapter. In addition, every such town employee, Town Board member,
town officer or town consultant shall receive a copy of the same upon being
engaged in or taking office in the Town of Cornwall. Failure to distribute
any such copy or failure of any Town Board member, town officer, town employee
or town consultant to receive such copy shall have no effect on the duty of
compliance with this code or the enforcement of provisions hereof. The Town
Supervisor shall further cause a copy of this chapter to be kept posted conspicuously
in each public building under the jurisdiction of the town. Failure to so
post this chapter shall have no effect on the duty of compliance herewith
or the enforcement of provisions hereof.
Within 30 days of the adoption of this chapter, the Town Clerk shall
file a copy thereof with the Temporary State Commission on Local Government
Ethics as established pursuant to § 813 of the General Municipal
Law.
The Town Board may appropriate moneys from the general town funds for
the maintenance of and personal services to the Board of Ethics established
hereunder, but such Board of Ethics may not commit the expenditure of town
moneys except within the appropriations provided herein.
If any clause, sentence, paragraph, word or section or part of this
Town Code of Ethics shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not effect,
impair or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, word, section or part thereof directly
involved in the controversy in which such judgment shall have been rendered.
