[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 8-16-2007 by L.L. No. 6-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 14, Ethics, Code of, adopted 10-4-1990 by L.L. No. 5-1990.
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Wawarsing
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 municipality. It is the purpose of this chapter to promulgate
these rules of ethical conduct for the officers and employees of the
Town of Wawarsing, so that they may know the standards of conduct
reasonably expected of them. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Wawarsing.
The rules of ethical conduct of this chapter as adopted shall not
conflict with, but shall be in addition to, those rules promulgated
in Article 18 of the General Municipal Law and any other general or
special law relating to ethical conduct and avoidance of conflicts
of interest in contracts of municipal officers and employees as may,
from time to time, be promulgated by the State of New York.
As used in this chapter, the following terms
shall have the meanings indicated:
A pecuniary or other material benefit accruing to officers and employees, or to their relatives, as defined in Subsection K of § 14-3 of this chapter, or where there is a material or pecuniary benefit accruing to a firm, partnership or association of which such officers or employees are members or employees; a corporation of which such officers or employees are officers, directors or employees; a corporation, any stock of which is accrued or controlled directly or indirectly by such officers or employees; a limited liability company of which such officers or employees are members, officers or employees or have any direct or indirect ownership interest therein.
An officer or employee of the Town of Wawarsing, whether
paid or unpaid, including, without limitation, all members of any
administrative or advisory council, board, or commission or other
agency or department thereof. For purposes of this chapter, "officers"
and "employees" shall not include any judge or justice, nor any volunteer
fire fighter or civil defense volunteer, nor any member of an advisory
board of the Town of Wawarsing if, but only if, the advisory board
has no authority to implement its recommendations or to act on behalf
of the Town or to restrict the authority of the Town to act. No entity
established pursuant to the General Municipal Law of the State of
New York shall be deemed an "advisory board" for purposes of this
definition.
Officers or employees of the Town of Wawarsing
shall be subject to and abide by the following standards of conduct:
A.
Recusal. Officers and employees shall promptly recuse themselves from acting on a matter before the Town, when acting on the matter, or failing to act on the matter, may benefit themselves or any of their relatives as defined in Subsection K of § 14-3 of this chapter, financially or otherwise, or give the reasonable appearance of a conflict of interest or impropriety. Whenever officers or employees are required to recuse themselves, they must refrain from further participation in the matter. Failure to recuse themselves may result in a preliminary finding of a violation of this Code.
B.
Gifts. Officers and employees shall not, directly
or indirectly, solicit any gift, or accept or receive any gift having
a value of $50 or more, whether in the form of money, services, loan,
travel, entertainment, hospitality, material thing or promise or any
other form under circumstances in which it could reasonably be inferred
that the gift was intended to influence them or could reasonably be
expected to influence them in the performance of their official duties
or was intended as a reward for any official action on their part.
C.
Confidential information. Officers and employees shall
not disclose any confidential information acquired by them in the
course of their official duties or use such information to further
anyone's private interests.
D.
Representation before one's own agency. Officers and
employees shall not receive or enter into any agreement, express or
implied, for compensation for services to be rendered in relation
to any matter before any municipal agency of which they are officers,
members or employees or of any municipal agency over which they have
jurisdiction or to which they have the power to appoint any member,
officer or employee.
E.
Representation before any agency for a contingent
fee. Officers and employees shall not receive or enter into any agreement,
express or implied, for compensation for services to be rendered in
relation to any matter before any agency of the Town of Wawarsing,
whereby their compensation is to be dependent or contingent upon any
action by such agency with respect to such matter. This paragraph
shall not prohibit the fixing at any time of fees based upon the reasonable
value of the services rendered.
F.
Disclosure of interest in legislation. All members
of the Town Board and officers and employees of the Town of Wawarsing,
whether paid or unpaid, who participate in the discussion or give
official opinion to the Town Board on any legislation before the Town
Board shall publicly disclose on the official record the nature and
extent of any direct or indirect financial or other private interest
they have in such legislation or in any action of the Town Board in
accordance with § 803 of the General Municipal Law.
G.
Investments in conflict with official duties. Officers
and employees shall not invest or hold any investment directly or
indirectly in any financial, business, commercial or other private
transaction which creates or would create a conflict with their official
duties. Officers and employees shall publicly disclose on the official
record any and all such investments and divest themselves of any and
all such investments prior to acceptance of public office or public
employment or prior to any official action that may affect such investment.
H.
Interest in contracts with the Town.
(1)
Prohibited interests. Officers and employees shall
not hold an interest in a contract with the Town, or any interest
in a bank or trust company, that is prohibited by § 801
of the General Municipal Law. Any contract willfully entered into
by or with the Town in which there is an interest prohibited by that
section shall be null, void, and wholly unenforceable, to the extent
provided by § 804 of the General Municipal Law.
(2)
Disclosure of interests. Officers and employees who
have, will have, or may later acquire an interest in any actual or
proposed contract with the Town shall publicly disclose the nature
and extent of that interest. The Town Clerk shall immediately file
such disclosure with the Ethics Board.
I.
Private employment. Officers and employees shall not
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 their official
duties, and they shall not use the powers of their offices or the
powers of their official duties to obtain outside employment.
J.
Future employment. For a period of one year after
termination of his or her term of office or employment with the Town,
other than acting on behalf of themselves, no former officer or employee
may appear before the Town, including on any boards and commissions
on which the former officer or employee has represented the Town,
in relation to any matter upon which they had discretionary power
during their term of office or employment with the Town, unless requested
to provide information by the Town Board.
K.
Employment of relatives. Members of officers' or employees'
immediate family may be considered for employment by the Town if the
applicant possesses all of the qualifications for employment. An immediate
family member may not be hired, however, if the employment would create
either a direct or indirect supervisory/subordinate relationship with
the family member or create either an actual conflict of interest
or the appearance of a conflict of interest. These criteria will also
be considered when assigning, transferring or promoting an employee.
As used herein, "immediate family" includes any officer's or employee's
spouse, partner or significant other, brother, sister, parents, children,
stepchildren, father-in-law, mother-in-law, sister-in-law, brother-in-law,
daughter-in-law, son-in-law, and any other member of the officer's
or employee's household. Employees who marry or become members of
the same household may continue employment as long as there is not
a direct or indirect interest or the appearance of a conflict of interest.
Should one of the above situations occur, the Town will attempt to
find a suitable position with the Town to which one of the affected
employees may be appointed. Such appointment must be in accordance
with applicable state and local statutes, including Civil Service
Law and related rules and regulations. If accommodations of this nature
are not feasible, the employees will be permitted to determine which
one of them will resign.
L.
Discrimination. Town Board members, officers and employees,
or any services or other organizations chartered by or directly or
indirectly sponsored or supported by the Town of Wawarsing, shall
not:
(1)
Permit, directly or indirectly, the use of any Town
property, equipment or services by any person or persons, organizations,
corporations, or any other group which directly or indirectly discriminates
based upon creed, color, national origin, gender, sexual preference,
veteran status, marital status, disability, or any other federal or
state legally protected class; or
(2)
Allow the Town to knowingly have any financial or
business dealing with any organization which discriminates as set
forth above.
M.
Use of public property. Officers and employees shall
not request or permit the use of Town-owned vehicles, equipment, materials
or property for personal convenience or profit except when such services
are available to the public generally or are provided as municipal
policy for the use of such officers and employees in the conduct of
their official duties.
N.
Political solicitation. Officers and employees shall
not direct, request or authorize any other officers or employees,
nor any subordinates of any officers or employees, to participate
in an election campaign or contribute to a political committee.
Nothing herein shall be deemed to bar or prevent
the timely filing by present or former officers or employees of any
claim, account, demand or suit against the Town of Wawarsing or any
agency thereof on behalf of themselves or any members of their families
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
The Supervisor of the Town of Wawarsing shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Town within 15 days after the effective date of
this chapter, or its amendment, or at such other times as the Supervisor
deems necessary. All officers and employees elected or appointed thereafter
shall be furnished a copy before entering upon the duties of their
office or employment. Failure to distribute any such copy or failure
of any officer or employee to receive such copy shall have no effect
on the duty of compliance with such Code or the enforcement of provisions
thereof.
In addition to any penalty contained in any
other provision of law, any person who shall knowingly and intentionally
violate any of the provisions of this Code may be warned, reprimanded,
suspended or removed from office or employment or any other sanction
authorized by law or collective bargaining agreements, as the case
may be, in the manner provided by law. Furthermore, the matter may
be referred to the Ulster County District Attorney's office for consideration
of criminal prosecution.[1]
[1]
Editor’s Note: Former § 14-7, Annual disclosure statement, and former Art. II, Board of Ethics, which comprised § 14-8, Establishment; membership, § 14-9, Powers and duties, § 14-10, Appropriations, § 14-11, Proceedings, and § 14-12, Judicial review, which immediately followed this section, were repealed 4-19-2012 by L.L. No. 5-2012. This local law also provided for the renumbering of former § 14-13 as § 14-7.
A.
Wherever the requirements of this chapter are inconsistent
with the provisions of § 808 of the General Municipal Law,
the more restrictive provision, or those imposing higher standards,
shall govern.
B.
If any provision of this chapter is held by a Court
of competent jurisdiction to be invalid, that decision shall not affect
the validity and effectiveness of the remaining provisions of this
chapter.
