Officers and employees of the City of Cohoes 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 City of Cohoes recognizes that, in
furtherance of this fundamental principle, there is a need for clear
and reasonable standards of ethical conduct. This Code of Ethics establishes
those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Common Council and any municipal administrative board
(e.g., Planning Board, Zoning Board of Appeals), commission or other
agency or body 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 or employee or directly or indirectly owns
or controls more than 5% of the organization, outstanding stock.
MUNICIPALITY
The City of Cohoes. The word "municipal" refers to the municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the City of Cohoes,
including, but not limited to, the members of any municipal board.
RELATIVE
A spouse, domestic partner, parent, step-parent, sibling,
step-sibling, step-sibling's spouse, child, step-child, uncle, aunt,
nephew, niece, first cousin or household member of municipal officer
or employee and individuals having any of these relationships to the
spouse of the officer or employee.
This Code of Ethics applies to the officers and employees of
the City of Cohoes and shall supersede any prior municipal Code of
Ethics. The provisions of this Code of Ethics shall apply in addition
to all applicable state and local laws relating to conflicts of interest
and ethics, including, but not limited to, Article 18 of the General
Municipal Law and all rules, regulations, policies and procedures
of the City of Cohoes.
No municipal officer or employee shall use his or her municipal
position or official powers and 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.
An officer or employee of the City of Cohoes shall treat all
members of the public, whether a person, firm or corporation or other
organization, with respect and in a professional manner, with equal
consideration and without special advantage in carrying out his or
her official duties.
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 §
36-7 of this code; or
B. Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee; or
C. Violates § 805-a(1)(c) 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
matters 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 the municipality; or
B. Asserting a claim against the municipality 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.
B. No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or 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.
[Amended 8-28-2018 by L.L. No. 2-2018]
A. Upon receipt of a form duly sworn by the person requesting an investigation
of an alleged violation of this chapter or upon the Board determining
on its own initiative that a violation of this chapter may exist,
the Ethics Board shall have the power and duty to conduct any investigation
necessary to carry out the provisions of this chapter and issue a
final determination. In conducting any such investigation, the Board
may administer oaths or affirmations, subpoena witnesses and compel
their attendance and require the production of any books or records
which it may or deem relevant or material. The form to be utilized
in requesting an investigation of an alleged violation of this chapter
shall be the form available in the office of the City Clerk and on
the City website.
B. The City Ethics Board shall state, in writing, its disposition of
every sworn complaint it receives and of every investigation it conducts
and shall set forth the reasons for the disposition to the Common
Council. Any findings of violations of this chapter or other applicable
law shall be served upon the subject of the investigation within seven
days after such findings become final. All written dispositions finding
a violation of this chapter shall be made a public record and shall
be indexed and maintained by the City Clerk.
C. All proceedings of the City Ethics Board shall be confidential, except
where disclosure is required by law, including but not limited to
the New York State Freedom of Information Law (New York State Public
Officers Law Article 6).
[Amended 8-28-2018 by L.L. No. 2-2018]
A. The Board of Ethics shall render advisory opinions only to officers
and employees of the City of Cohoes with respect to Article 18 of
the General Municipal Law and this Code of Ethics. Officers and employees
of the municipality are encouraged to seek advisory opinions whenever
they are uncertain whether their conduct may violate the Code of Ethics.
B. The Board of Ethics will prepare an advisory opinion based on a thorough
review of the facts and applicable law. The Board's opinion is to
be based solely on the facts presented in the request or subsequently
submitted in a written, signed document. The opinion will be rendered,
in writing, to the requester as expeditiously as is practicable, with
special attention to the time requirements of a given case.
C. An officer or employee of the municipality whose conduct or action
is the subject of an advisory opinion will not be subject to penalties
or sanctions by virtue of acting, or failing to act, due to a reasonable
reliance on the opinion, unless material facts were omitted or misstated
in the material submitted by the requester.
D. The Board of Ethics will maintain an indexed file of all advisory
opinions issued by the Board.
E. Such advisory opinions and the documents upon which such advisory
opinions are based shall be confidential, except where disclosure
is required by law, including but not limited to the New York State
Freedom of Information Law (New York State Public Officers Law Article
6).
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.