Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Wawayanda
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 chapter to
promulgate these rules of ethical conduct for the officers and employees
of the of Town Wawayanda. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Wawayanda. The
rules of ethical conduct of this chapter, 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.
As used in this chapter, the following terms
shall have the meanings indicated:
INTEREST
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Wawayanda, 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 fireman
or civil defense volunteer, except a fire chief or assistant fire
chief.
[Amended 4-8-1993 by L.L. No. 2-1993]
SEXUAL HARASSMENT
Conduct, the purpose or effect of which is to unreasonably
interfere with an individual's work performance, or creating an intimidating,
hostile or offensive working environment. This includes physical,
verbal and visual conduct of a sexual nature, such as lewd pornographic
photographs or other objects of similar nature.
[Added 6-2-1994 by L.L. No. 2-1994]
Every officer or employee of the Town of Wawayanda
shall be subject to and abide by the following standards of conduct.
A. Gifts. He 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 could reasonably be expected to influence him
in the performance of his official duties or was intended as a reward
for any official action on his part.
[Amended 4-8-1993 by L.L. No. 2-1993]
B. Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest.
C. Representation before one's own agency. He shall not
receive or enter into any agreement, expressed or implied, for compensation
for services to be rendered in relation to any matter before any municipal
agency of which he is an officer, member or employee or of any municipal
agency over which he has jurisdiction or to which he has the power
to appoint any member, officer or employee.
D. Representation before any agency for a contingent
fee. He shall not receive or enter into any agreement, expressed or
implied, for compensation for services to be rendered in relation
to any matter before any agency of his municipality, whereby his 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 or other matters
relating to and affecting the Town. To the extent that he knows thereof,
a member of the Town Board and any officer or employee of the Town
of Wawayanda, whether paid or unpaid, who participates in the discussion
or gives official opinion to the Town Board on any legislation or
other matters 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 has in such legislation or other matters.
F. Investments in conflict with official duties. He 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 official duties.
G. Private employment. He 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 official duties.
H. Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Town of Wawayanda in relation to any case,
proceeding or application in which he personally participated during
the period of his service or employment or which was under his active
consideration.
I. Sexual harassment is strictly prohibited.
[Added 6-2-1994 by L.L. No. 2-1994]
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 Wawayanda
or any agency thereof on behalf of himself or any member of his family
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
[Added 4-8-1993 by L.L. No. 2-1993]
The Town Board may from time to time establish
a Board of Ethics.
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.