[HISTORY: Adopted by the Town Board of the Town of Beekman 11-4-1970. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Beekman 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 Beekman. These rules shall serve as a guide for official conduct
of the officers and employees of the Town of Beekman.
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:
An officer or employee of the Town of Beekman, 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.
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
Every officer or employee of the Town of Beekman 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 7-10-1990 by L.L. No. 5-1990]
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 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, express 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. To the extent that he knows thereof, a
member of the Town Board and any officer or employee of the Town of
Beekman, 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
of Beekman 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 of Beekman 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.
A.
The
Supervisor of the Town of Beekman shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Town
of Beekman within 10 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.
B.
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 this code nor the enforcement provisions hereof.
[Added 7-10-1990 by L.L.
No. 5-1990]
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.
[Added 6-19-2000 by L.L.
No. 4-2000]
A.
A
local Board of Ethics, to be known as the "Beekman Board of Ethics,"
is hereby established pursuant to § 808 of the General Municipal
Law.
B.
The
Board of Ethics shall consist of five members appointed by the Town
Board of the Town of Beekman to serve without compensation for terms
of five years, except the initial terms, upon adoption of this code,
shall be for one year, two years, three years, four years and five
years. All members shall reside in the Town, and at least one member
shall be a Town officer or employee. The Board of Ethics shall elect
its own Chairperson and act by a majority vote of its total members.
The Town's attorney shall serve as counsel to the Board of Ethics,
except in any matter where a conflict of interest may exist. Any member
of the Board of Ethics may be removed by the Town Board for substantial
neglect of duty, gross misconduct in office, inability to discharge
the powers or duties of his or her office or violation of this Code
of Ethics, after written notice and an opportunity to reply.
[Amended 4-21-2010 by L.L. No. 1-2010; 7-2-2014 by L.L. No. 2-2014]
C.
Advisory
opinions. The Board of Ethics shall render advisory opinions to Town
officers, employees, professional consultants and agencies with respect
to this Code of Ethics and the provisions of Article 18 of the General
Municipal Law. Such advisory opinions shall be rendered pursuant to
written request under such rules and regulations as the Board of Ethics
may deem advisable and with the advice of the Town's attorney.
The Board of Ethics shall be bound by any such opinion, until amended
or revoked, in any subsequent proceeding concerning the person who
requested the opinion, where such person in good faith relied on the
opinion, unless material facts were omitted or misstated in the request.
D.
Investigations.
In addition to all powers provided for in Article 18 of the General
Municipal Law, the Board of Ethics shall have the power and duty to
conduct investigations upon the receipt of a sworn complaint by any
citizen alleging a violation of this Code of Ethics or of Article
18 of the General Municipal Law, or upon its own determination that
such a violation may exist, under such rules and regulations as the
Board of Ethics may deem advisable. Pursuant to this power and duty,
the Board of Ethics may administer oaths or affirmations and subpoena
witnesses and documents. Upon the completion of any investigation,
the Board of Ethics shall render to the Town Board a written confidential
report of its findings, opinions and recommendations, which report
shall be provided to the subject to the investigation. Any penalties
or other subsequent action taken shall be by authorized bodies in
accordance with applicable procedures. If the Board of Ethics determines,
pursuant to this provision, that any action, including any approval
or transaction, by any Town officer, employee, professional consultant
or agency was undertaken in violation of any of the provisions of
this Code of Ethics or in violation of Article 18 of the General Municipal
Law, such action shall be voidable.
E.
Confidentiality.
With respect to all complaints and investigations and all related
deliberations and findings, the Board of Ethics shall hold all such
matters in confidence and meet in closed executive session to the
fullest extent allowable by applicable law.
F.
The
Board of Ethics shall adopt, amend and rescind such rules and regulations
to govern its procedure as it deems appropriate, subject to the approval
of the Town Board.
G.
Voidable transactions. If the Town Board of Ethics concludes in a written opinion rendered pursuant to § 19-8D that any action, including any approval or transaction, by any Town officer, employee or agency was undertaken in violation of any of the provisions of this Code of Ethics, such action shall be subject to nullification by resolution of the Town Board.
[Added 2-12-2001 by L.L.
No. 2-2001]
H.
Maintenance
and review of disclosure statements. The Board of Ethics shall make
available the forms related to the disclosure of interest requirements
of this Code of Ethics, which forms are set forth as "Appendix A."[1] The Board of Ethics shall act as the repository for completed
disclosure forms and shall determine whether all persons subject to
the reporting requirements of this Code of Ethics have duly filed
such forms. In the event that an officer or employee has failed to
file, has filed a deficient statement, or has filed a statement revealing
a possible violation of this Code of Ethics, the Board of Ethics shall
notify such person in writing, state the failure to file or detail
the deficiency, and provide the person with a fifteen-day period to
cure the deficiency. Upon a failure to cure the deficiency, the Board
of Ethics shall notify the Town Board for appropriate disciplinary
action.
[Added 2-12-2001 by L.L.
No. 2-2001]
[1]
Editor's Note: Appendix A is included as an attachment
to this chapter.
[Added 2-12-2001 by L.L.
No. 2-2001]
A.
All
Town officers and employees, including members of advisory and ad
hoc boards and committees and excepting seasonal and emergency temporary
employees, shall file a disclosure of interest statement with the
Town Board of Ethics on the prescribed form as set forth in Appendix
A.[1]
[Amended 2-7-2005 by L.L.
No. 1-2005; 4-21-2010 by L.L. No. 1-2010]
[1]
Editor's Note: Appendix A is included as an attachment
to this chapter.
B.
Transactional
disclosure. Whenever any Town officer or employee is required to recuse
himself or herself under this Code of Ethics, he or she shall promptly:
(1)
Notify his or her supervisor or, if a member of a board, shall make
such notification upon the public record of the Board;
(2)
File with the Board of Ethics a signed statement disclosing the nature
and extent of the prohibited action; and
(3)
Refrain from any further participation in the matter.
C.
Applicant
disclosure. Any party who submits any application to any Town officer,
employee, or agency, or otherwise requests the Town of Beekman to
take any action, shall at the time of making such application or request
disclose the names of all Town officers or employees and any of their
family members, outside employers, business associates, clients, or
campaign contributors who have contributed $250 or more in cash or
goods or services in the aggregate during the preceding 24 months
who, to his or her knowledge, have or are likely to have a personal
interest in the outcome of any such application or request.
