Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Johnstown 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
Town of Johnstown. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Johnstown. 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 Johnstown, 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 chief engineer or assistant chief
engineer.
Every officer or employee of the Town of Johnstown 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 $25 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.
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, express 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 before 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, express or implied, or compensation
for services to be rendered in relation to any matter before any agency
of this 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. To the extent that he knows
thereof, a member of the Town Board or any officer or employee of
the town, 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 has in such legislation.
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 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.
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 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.
The Town Supervisor shall cause a copy of this Code of Ethics
to be distributed to every officer and employee of the town within
60 days after the effective date of this chapter. Each officer and
employee elected or appointed thereafter shall be furnished a copy
before entering upon the duties of his office or employment.
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 fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.