[HISTORY: Adopted by the Town Board of the Town of Concord 12-14-1970.
Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Concord 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 Concord. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Concord. 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:
Any claim, account or demand against or agreement with the Town of
Concord, express or implied, and shall include the designation of a depository
of public funds and the designation of a newspaper, including but not limited
to an official newspaper, for the publication of any notice, resolution, ordinance,
or other proceeding where such publication is required or authorized by law.[1]
A direct or indirect pecuniary or material benefit accruing to a
municipal officer or employee as the result of a contract with the Town of
Concord. For the purposes of this chapter, a municipal officer or employee
shall be deemed to have an interest in the contract of his/her spouse, minor
children and dependents, except a contract of employment with the Town of
Concord; a firm, partnership or association of which such officer or employee
is a member or employee; a corporation of which such officer or employee is
an officer, director or employee; and a corporation any stock of which is
owned or controlled directly or indirectly by such officer or employee.[2]
An officer or employee of the Town of Concord, whether paid or unpaid,
including members of any administrative board, commission or other agency
thereof.[3]
[Amended 9-13-1995 by L.L. No. 3-1995]
Every officer or employee of the Town of Concord shall be subject to
and abide by the following:
A.
No municipal officer or employee shall 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, service, loan, travel, entertainment, hospitality,
thing or promise or in any other form, under circumstances in which it could
reasonably be inferred that the gift was intended to influence him or her,
or could reasonably be expected to influence him or her, in the performance
of his or her official duties or was intended as a reward for any official
action on his or her part.
B.
No municipal officer or employee shall disclose confidential
information acquired by him or her in the course of official duties or use
such information to further his or her personal interests.
C.
No municipal officer or employee shall 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
or she is an officer, member or employee or of any municipal agency over which
he or she has jurisdiction or to which he or she has the power to appoint
any member, officer or employee.
D.
No municipal officer or employee shall 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 the municipality whereby
his or her 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.
[Amended 9-13-1995 by L.L. No. 3-1995]
A municipal officer or employee of the Town of Concord must disclose
his or her own financial or private interest in any legislation. Officers
and employees of the Town of Concord shall be subject to the financial disclosure
requirements of Article 18 of the General Municipal Law.
[Amended 9-13-1995 by L.L. No. 3-1995]
The Supervisor of the Town of Concord shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Town of Concord
within 30 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 or her office or employment. 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 such code nor on the enforcement
provisions thereof.
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 chapter may be fined, suspended or removed from office or employment,
as the case may be, in the manner provided by law.
