Article 18 of the General Municipal Law prohibits the officers
and employees of a municipality from having certain conflicts of interest.
Specifically, § 806 of the General Municipal Law requires
the governing body of each county, city (other than the City of New
York), town, village, school district and fire district to adopt a
Code of Ethics that sets forth guidance for its elected officials,
officers and employees of the standards of conduct reasonably expected
of them. The Code of Ethics adopted by a governing body of a municipality
must set forth standards of conduct for the guidance of the officers
and employees of the municipality with respect to disclosure of interests
in legislation before the local governing body, the holding of investments
in conflict with official duties, private employment in conflict with
official duties, future employment, and such other standards as may
be deemed appropriate and advisable.
The Town Board acknowledges and emphasizes that the officers
and employees of the Town of Wappinger hold their positions to serve
and benefit the public and not for obtaining unwarranted personal
or private gain in the exercise and performance of their official
powers and duties. The Town Board of the Town of Wappinger recognizes
that, in furtherance of this fundamental principle, there is a need
for clear and reasonable standards of ethical conduct. It is the intention
of the Town Board to establish those standards by the adoption of
this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Town Board of the Town of Wappinger and any committee,
administrative board appointed by the Town Board (e.g., Planning Board,
Zoning Board of Appeals), commission, or other agency, body or department
comprised of two or more municipal officers or employees.
CODE
This Code of Ethics.
INTEREST
A direct or indirect financial or material benefit but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he or she, his
or her spouse, or a member of his or her household is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the outstanding stock or owns or controls
more than a five-percent interest of any corporation, partnership,
limited partnership, limited liability company or other business entity.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Town of Wappinger,
including, but not limited to, the members of any municipal board,
whether elected or appointed.
MUNICIPALITY
The Town of Wappinger. The word "municipal" refers to the
municipality.
RELATIVE
A spouse, domestic partner (as defined in New York State
law), parent, stepparent, sibling, stepsibling, sibling's spouse,
child, child's spouse, stepchild, uncle, aunt, nephew, niece,
first cousin, or household member of a municipal officer or employee,
and individuals having any of these relationships to the spouse of
the officer or employee.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any private organization
in which he or she is deemed to have an interest.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A. Can be reasonably expected to require more than sporadic recusal and abstention pursuant to §
20-7 of this code;
B. Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C. Violates § 805-a, Subdivision 1c or d of the General Municipal
Law; or
D. Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A. Representing himself or herself, or his or her spouse or minor children,
before any of the Board's committees or agencies of the Town;
or
B. Asserting a claim against any of the Board's committees or agencies
of the Town on his or her own behalf or on behalf of his or her spouse
or minor children.
Except as otherwise required by law:
A. No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the municipality or a municipal board unless such
relative was reelected as a municipal officer or employee prior to
the adoption of this Code of Ethics or prior to the municipal officer
having assumed municipal duties.
B. No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties unless
such relative was reelected as a municipal officer or employee prior
to the adoption of this Code of Ethics or prior to the municipal officer
having assumed municipal duties.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.
The Board of Ethics, upon its formation, shall promulgate its
own rules and regulations as to its form and procedures and shall
maintain appropriate records of its opinions and proceedings.
The Town Board shall annually appropriate enough moneys from
the general Town funds for the maintenance of, and for advisory services
to, the Board of Ethics established hereunder, but such Board of Ethics
may not commit the expenditure of the Town moneys except within the
appropriations provided herein.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.
The provisions of the local law creating this chapter are separable,
and if any provision, clause, sentence, subsection, word or part thereof
is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality,
or inapplicability, shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this
chapter or their application to other persons or circumstances. It
is hereby declared to be the legislative intent of the Town Board
of the Town of Wappinger that this chapter would have been adopted
if such illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein and if such
person or circumstance to which the local law or part thereof is held
inapplicable had been specifically exempt therefrom.