[HISTORY: Adopted by the Town Board of the Town of Pittsford 9-8-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the New York
State General Municipal Law, the Town Board of the Town of Pittsford
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. Officers and employees of the Town of
Pittsford 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 duties. It is the purpose of this
chapter to establish clear and reasonable standards of ethical conduct
for the officers and employees of the Town of Pittsford. This Code
of Ethics establishes those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual officer or employee of the Town of Pittsford,
whether paid or unpaid, including members of any administrative or
advisory board or committee thereof.
A spouse, parent, stepparent, sibling, stepsibling, child,
stepchild or member of a household of a municipal officer or employee.
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
Town or part of the Town. A municipal officer or employee is deemed
to have an interest in any organization when the individual, the individual's
spouse, or a member of the individual's household is an owner,
partner, member, officer, director or employee of the organization
or directly or indirectly owns or controls more than 5% of the organization's
outstanding stock.
This Code of Ethics applies to every municipal officer and employee
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 conflict 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 Town.
Municipal officers and employees shall not use a municipal position
or official powers and duties to secure a financial or material benefit
for themselves, a relative, or any private organization in which they
are deemed to have an interest. Earned compensation or experience
from job performance shall not be considered a financial or material
benefit.
Whenever a matter requiring the exercise of discretion, as opposed
to ministerial action, comes before a municipal officer or employee,
either individually or as a member of a board, and disposition of
the matter could result in a direct or indirect financial or material
benefit to the municipal officer or employee, a relative, or any private
organization in which the individual is deemed to have an interest,
the municipal officer or employee shall disclose the nature of the
interest. In the case of a nonelected municipal officer or employee,
written disclosure shall be made to the individual's supervisor
or to the Director of Human Resources when the matter requiring disclosure
first comes before the municipal officer or employee, or when such
person first acquires knowledge of the interest requiring disclosure,
whichever is earlier. In the case of an elected municipal officer
or employee, disclosure shall be made publicly at a meeting of the
Town Board and shall be included in the minutes of the meeting.
A municipal officer or employee shall not participate in any
decision or take any official action on any matter requiring the exercise
of discretion where the individual knows, or has reason to know, that
the decision or action could confer a direct or indirect financial
or material benefit on that person, a relative, or any private organization
in which the person is deemed to have an interest. Where a board member
recuses, board power or duty shall be exercised by the other board
members, subject to law. Where an individual municipal officer recuses,
municipal power or duty shall be performed by the recusing officer's
deputy or a substitute to whom the function is lawfully delegated.
Where an individual municipal employee recuses, the recusing person
must report the matter to such person's immediate supervisor,
who shall designate another officer or employee to perform the power
or duty.
During service or employment with the Town, no municipal officer
or employee may acquire any investments which can be reasonably expected
to require more than sporadic recusal under this code or which would
otherwise impair such person's independence of judgment when
exercising or performing official powers and duties. Any other investments
may be acquired, including:
A.
Real
property located within the Town and used for personal residence;
B.
Less
than 5% of the outstanding stock or other ownership interest of a
business entity;
C.
Bonds
or notes issued by the Town and acquired more than one year after
the date on which the bonds or notes were originally issued; or
D.
Pooled
funds in which the municipal officer or employee participates but
which such person does not direct.
No municipal officer or employee, during the individual's
tenure with the Town, may engage in any private employment which:
A.
Can
be reasonably expected to require more than sporadic recusal under
this code or disclosure or use of confidential information gained
by the individual's service for the Town;
B.
Violates
§ 805-a(1)(c) or (d) of the General Municipal Law regarding
an agreement for the compensation of services related to any matter
before the Town or any of its boards; or
C.
Requires
representation of a person or organization other than the Town in
a matter in which the Town is a party.
After a municipal officer's or employee's service
or employment with the Town has terminated, no such individual may
represent or render services to a private person or organization before
any Town board or officer in connection with any particular transaction
in which the individual personally and substantially participated
while serving as a municipal officer or employee.
This code shall not be construed as prohibiting present or former
municipal officers or employees from:
A.
Representing themselves, or their relatives, before the Town; or
B.
Asserting any claim, account, demand, or suit against the Town or
any board or officer thereof, on behalf of themselves or their relatives,
arising out of any personal injury or property damage claims, or for
any lawful benefit authorized or permitted by law.
Town resources, including, but not limited to, Town personnel,
money, vehicles, equipment, and materials, shall be used solely for
lawful municipal purposes and not for personal or private purposes
or for partisan political matters. This provision shall not be construed
as prohibiting:
A.
The use of Town resources authorized by law, Town policy, or board
resolution;
B.
The use of Town resources for personal or private purposes when provided
to a municipal officer or employee as part of the officer's or
employee's compensation; or
C.
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters.
No municipal officer or employee may have an interest in a contract
with the Town prohibited by § 801 of the General Municipal
Law. Any such interest shall be disclosed as required by § 803
of the General Municipal Law.
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 with the Town or any of its boards, nor may a municipal
officer or employee supervise a relative in the performance of the
relative's official powers and duties. For purposes of this section
only, the term "relative" shall extend beyond its definition to include
any person with whom a municipal officer or employee has a romantic
relationship.
A.
No municipal officer or employee shall directly or indirectly compel
or induce a subordinate municipal officer or employee to make or promise
to make any political contribution, whether by gift of money, service,
or other thing of value.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring, promoting, discharging, disciplining, or in
any manner changing the official rank, status, or compensation of
any other municipal officer or employee, or applicant thereof, on
the basis of the giving or withholding of any political contribution.
C.
No municipal officer or employee shall knowingly solicit or receive
a political contribution from any person with a pending application,
bid or contract subject to a vote by that municipal officer or employee
as a member of a board.
D.
No municipal officer or employee shall use official authority or
influence for the purpose of interfering with or affecting the result
of an election or a nomination for office.
E.
No municipal officer or employee may engage in partisan political
activities while on duty.
F.
No municipal officer or employee may at any time use Town media or
communications to further any partisan political activities. The use
of Town media or communications to inform Town residents of Town activities
affecting them shall not be considered "partisan political activities."
Social media or other communications platforms created by a municipal
officer or employee for such person's own use as a municipal
officer or employee shall not be considered "Town media or communications."
The Town shall not share postings from a social media platform of
an elected municipal officer or employee on the Town's own media
or communications platforms, except for emergencies affecting public
safety.
No present or former municipal officer or employee shall disclose
confidential information acquired in the course of the officer's
or employee's official duties or use it to further anyone's
personal interest, unless such disclosure or use is required by law.
Confidential information includes, but is not limited to, matters
and documents discussed in an executive session of a Town board, and
any other information not lawfully available to the public whether
by Freedom of Information Law[1] request or otherwise.
[1]
Editor's Note: See Public Officers Law § 84
et seq.
No municipal officer or employee shall directly or indirectly
solicit any gift, or accept any gift or multiple gifts from the same
donor having an annual aggregate value of $75 or more, whether in
the form of money or any other form, under circumstances in which
it could reasonably be inferred that the gift was intended to influence
the individual in performing official duties or was intended as a
reward for any official action on the individual's part. For
purposes of this section, the word "gift" shall exclude any gift from
family members motivated by the familial relationship, a gift given
on special occasions which is modest and customary, unsolicited promotional
material of little intrinsic value, awards having a value of $75 or
less which are publicly presented in recognition of public service,
meals and refreshments provided at a job-related conference, or attendance
at local social events or activities that fulfill a public purpose
or are open to the general public, nor shall a contribution to a campaign
finance committee of a municipal officer or employee be considered
a "gift."
A municipal officer or employee may contract with, invest in,
or otherwise participate in the following activities:
A.
A contract with a person, firm, corporation, or association that
transacts business with the Town if the activity would be prohibited
solely because the municipal officer or employee is employed by the
person, firm, corporation, or association, if the remuneration of
employment will not be directly affected as a result of the contract
and the duties of employment do not directly involve the procurement,
preparation or performance of any part of the contract;
B.
The purchase by the Town of real property, or an interest in real
property, owned by a municipal officer or employee, provided that
the purchase and consideration for the purchase is approved by order
of the Supreme Court upon petition of the Town Board, in accordance
with § 802(1)(d) of the General Municipal Law;
C.
The acquisition of real property, or an interest in real property,
through condemnation proceedings in accordance with law;
D.
A contract in which the municipal officer or employee has an interest if the contract was entered into prior to the time the municipal officer or employee was elected or hired, but the contract should not be renewed unless the contract meets the requirements for Subsection A above;
E.
A contract with a business entity in which a municipal officer or
employee has less than 5% ownership of the outstanding stock or other
ownership interest; and
F.
A contract for payment of no greater than a reasonably documented
market rent for rooms owned or leased by a municipal officer or employee
for use as an office or chamber for the performance of official duties.
The Town Supervisor shall cause a copy of this Code of Ethics
to be distributed to every municipal officer and employee and made
available to the public by posting it on the Town's official
website within 30 days of the effective date of this chapter. Each
municipal officer or employee who is elected, hired, or appointed
thereafter shall be furnished a copy of this code before entering
upon official duties, and shall acknowledge receipt of same in writing.
The failure of a municipal officer or employee to receive a copy of
this code or acknowledge receipt thereof, in writing, shall not affect
either the applicability or enforceability of this code or any amendment
thereto.
Any nonelected municipal officer or employee who knowingly and
intentionally violates this code may be disciplined, suspended, removed,
or terminated pursuant to policies and procedures set forth in the
Town Employee Handbook and Personnel Rules. The Town Board may consider
a resolution to reprimand any Town Board member for knowingly and
intentionally violating this code. Any such resolution shall be introduced,
considered and discussed only in executive session. If the Town Board
chooses not to proceed to a vote, it shall announce only that a reprimand
under the Ethics Code was considered and rejected. Any vote shall
be public, on the resolution "that the reprimand discussed in executive
session be approved." If approved, the resolution will be entered
into the record of the meeting as naming the person reprimanded and
the section of the Ethics Code violated. All municipal officers and
employees shall keep strictly confidential all aspects of any claim
of violation of this Ethics Code. No municipal officer or employee
shall bring, or assist or participate in bringing, a frivolous or
unsubstantiated claim of violation of this code. No municipal officer
or employee shall retaliate against an individual who makes a good
faith claim of violation of this Ethics Code.
This Ethics Code shall take effect immediately upon filing of
this chapter with the Secretary of State.
