Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Sand Lake
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. It is the purpose of this resolution
to promulgate these rules of ethical conduct for the officers and
employees of the Town of Sand Lake. These rules shall serve as a guide
for official conduct of the officers and employees of the Town of
Sand Lake. The rules of ethical conduct of this resolution, as adopted,
shall not conflict with but shall be in addition to any prohibition
of Article 18 of the General Municipal Law or any other general or
special law relating to ethical conduct and interest in contracts
of municipal officers and employees.
[Amended 8-13-1997 by L.L. No. 3-1997]
As used in this article, the following terms
shall have the meanings indicated:
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a town employee as the result of a contract with the town. For
the purposes of this local law, a town employee shall be deemed to
have an interest in the contract of:
A.
His or her spouse, minor children and dependents,
except a contract of employment with the Town of Sand Lake.
B.
A firm, partnership or association of which
such town employee is a member or employee.
C.
A corporation of which such town employee is
an officer, director or employee.
D.
A corporation, any stock of which is owned or
controlled directly or indirectly by such town employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Sand Lake, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer firefighter
or civil defense volunteer, except a Fire Chief or an Assistant Fire
Chief.
Every officer or employee of the Town of Sand
Lake shall be subject to and abide by the following standards of conduct:
A. Gifts. He or she shall not directly or indirectly
solicit any gift or accept or receive any gift having a value of $75
or more, whether in the form of money, services, loan, travel, entertainment,
hospitality, thing or promise or any other form, under circumstances
in which it could reasonably be inferred that the gift was intended
to influence him or her or could reasonably be expected to influence
him or her in the performance of his or her official duties or was
intended as a regard for any official action on his or her part.
[Amended 8-13-1997 by L.L. No. 3-1997]
B. Confidential information. He or she shall not disclose
confidential information acquired by him or her in the course of his
or her official duties or use such information to further his or her
personal interest.
C. Representation before one's own agency. He or she
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 he or she is an officer, member
or employee or of any municipal agency over which he or she has jurisdiction
or to which he or she has the power to appoint any member, officer
or employee.
D. Representation before any agency for a contingent
fee. He or she 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 his or her municipality whereby
his or her compensation is to be dependent or contingent upon any
action by such agency with respect to such matter, provided that this
subsection shall not prohibit the fixing at any time of fees based
upon the reasonable value of the services rendered.
E. Disclosure of interest in legislation. To the extent
that he or she knows thereof, a member of the Town Board and any officer
or employee of the Town of Sand Lake, whether paid or unpaid, who
participates in the discussion or gives 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 he or she has in such legislation.
F. Investments in conflict with official duties. He or
she shall not invest or hold any investment directly or indirectly
in any financial business, commercial or other private transaction,
which creates a conflict with his or her official duties.
G. Private employment. He or she 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 his or
her official duties.
H. Future employment. He or she shall not, after the
termination of service or employment with such municipality, appear
before any board or agency of the Town of Sand Lake in relation to
any case, proceeding or application in which he or she personally
participated during the period of his or her service or employment
or which was under his or her active consideration.
Nothing herein shall be deemed to bar or prevent
the timely filing by a present or former municipal officer or employee
of any claim, account, demand or suit against the Town of Sand Lake
or any agency thereof on behalf of himself or herself or any member
of his or her family arising out of any personal injury or property
damage for any lawful benefit authorized or permitted by law.
[Amended 8-13-1997 by L.L. No. 3-1997]
The Supervisor of the Town of Sand Lake shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of said town within 10 days after the effective date
of this article. Each officer and employee elected or appointed thereafter
shall be furnished a copy before entering upon the duties of his or
her 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, nor the enforcement provisions
thereof.
In addition to any penalty contained in any
other provision of law, any person who shall knowingly and intentionally
violates any of the provisions of this Code may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
The Town Board hereby establishes a three-member Board of Ethics
to render advisory opinions regarding the local Code of Ethics.
Three persons are hereby appointed to serve as members of the Sand Lake Board of Ethics for a two-year term expiring
December 31, 2013.