[HISTORY: Adopted by the Town Board of the Town of Greenville 9-28-1988.
Amendments noted where applicable.]
The proper administration of the government of the Town of Greenville
requires its officers and employees, whether elected or appointed, paid or
unpaid, including members of any administrative boards, commissions or other
agencies, to be impartial and free from conflicts of interest in fulfilling
their public responsibilities. The purpose of this chapter is to state for
these officers, employees or appointees of the Town of Greenville and for
the citizens of the Town standards of conduct necessary to ensure this, in
addition to the standards prescribed in Article 18 of the General Municipal
Law.
A.
A local Board of Ethics is hereby established, pursuant
to § 808 of Article 18 of the General Municipal Law, to be composed
of five members appointed by the Town Board of the Town of Greenville. The
members may be selected from present or past leaders of local, civic, religious
or educational organizations. One member shall be an officer, employee or
appointee of the Town of Greenville, provided that no other member may be
such an officer, employee or appointee; and no Town Justice, Town Attorney
or member of the Town Board shall be eligible for membership. No recognized
political party, as defined in the Election Law of the State of New York, § 1-104,
Subdivision 3, shall be represented by more than two registrants as members
of the Board of Ethics.
B.
The Town Attorney shall serve as counsel to the Board
of Ethics except when he shall exclude himself in any matter in which he determines
that he has or may appear to have a conflict of interest. In the event that
the Town Attorney has excused himself, the Town Board shall provide the Board
of Ethics with the services of substitute counsel at the request of the Board
of Ethics or at the pleasure of the Town Board.
C.
The local Board of Ethics shall render advisory opinions
to officers, employees and appointees of the Town of Greenville with respect
to Article 18 of the General Municipal Law and this Code of Ethics. Such advisory
opinions shall be rendered pursuant to the written request of any two members
of the Town Board of the Town of Greenville or by resolution of a majority
of the Town Board. Such advisory opinions may also be rendered pursuant to
the written request of any officer, employee or appointee of the Town of Greenville
or pursuant to the written request of any citizen of the Town of Greenville,
with the approval of a majority of the Town Board of the Town of Greenville.
D.
Any opinion of the local Board of Ethics expressing a
finding of conflict of interest shall be made public in accordance with the
adopted rules and regulations of said Board of Ethics and the guaranties of
due process.
E.
The local Board of Ethics shall operate under such rules
and regulations as it deems advisable, such rules and regulations to guarantee
due process, and shall be approved by the Town Attorney.
F.
The local Board of Ethics shall have such other powers
and duties as shall be provided by or pursuant to Article 18 of the General
Municipal Law of the State of New York.
When used in this chapter and unless the context otherwise requires,
the words defined in § 808 of Article 18 of the General Municipal
Law shall have the meanings therein stated.
No Town officer, employee or appointee of the Town of Greenville shall
use or permit the use of Town property (including land, vehicles, equipment,
materials and any other property) for personal convenience or profit, except
when such use is available to Town citizens generally or is provided as a
matter of Town policy.
A.
No officer, employee or appointee of the Town of Greenville
shall disclose or use for profit for himself or others information about the
property, affairs, finances or government of the Town of Greenville that is
not generally available to the public.
B.
To the extent that he knows thereof, any officer, employee
or appointee of the Town of Greenville who participates in the discussion
of or who gives official opinions to the Town Board or any other agency of
the Town of Greenville on any matter or legislation under consideration by
that agency shall publicly disclose for the official record the nature and
extent of any direct or indirect financial or other private interest he has
in that matter or legislation.
No officer, employee or appointee of the Town of Greenville 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, services, 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 in the performance of his official duties or was intended as a reward
for any official action on his part.
No officer, employee or appointee of the Town of Greenville shall 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.
A Town officer, employee or appointee of the Town of Greenville shall
treat all members of the public, whether a person, firm, corporation or other
organization, with equal consideration and without special advantage.
[Amended 8-22-1990]
A.
No Town officer, employee or appointee of the Town of
Greenville nor any firm, corporation or entity in which said Town officer,
employee or appointee is a partner, officer, director, shareholder or holder
of any ownership or financial interest whatsoever shall represent any private
individual, interest or entity (other than himself) before any Town board,
commission, agency or court of which he is a member, consultant thereto, advisor
or counselor for or employee of in any transaction with the Town or any board,
subdivision of said board or agency thereof.
B.
However, nothing herein shall prevent an attorney, consultant
or other professional, who represents or advises the Town Board, Planning
Board, Zoning Board of Appeals or other Town board or agency, from appearing
before or testifying in Town Justice Court while representing private clients
in actions prosecuted by the State of New York, County of Orange or private
individuals or entities other than the Town of Greenville. In addition, a
Town Justice who is also an attorney shall not be prohibited from representing
private clients before any Town board, commission or agency, provided that
said justice discloses his position to said board, commission or agency upon
his initial appearance or contact with the same. Said officer, employee or
appointee shall not, after the termination of service or employment with such
municipality, appear before any board or agency of the Town of Greenville
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.
[Amended 5-10-1989]
The Supervisor of the Town of Greenville shall cause a copy of this
Code of Ethics to be distributed to every officer and employee of the Town
of Greenville within 30 days after the effective date of this code and shall
notify officers and employees that copies of Article 18 of the General Municipal
Law are available for their use at Town Hall.
A violation of Article 18 of the General Municipal Law or any provision
of this Code of Ethics shall be grounds for suspension, as the Town Board
considers advisable.
[Added 4-9-1997 by L.L. No. 3-1997]
A.
The purpose of this section shall be to prevent conflicts
of interests involving officers and employees of the Building Department of
the Town of Greenville.
B.
No officer or employee of the Building Department shall
engage in any activity inconsistent with his or her duties or with the interests
of the Building Department; nor shall be or she, during the term of his or
her employment with the Town Building Department, be engaged directly or indirectly
in any real estate or building business, in the furnishing of labor, materials
or appliances for the construction, alteration or maintenance of a building
that would require an inspection by the Building Department or the preparation
of plans or specifications thereof, within the Town of Greenville, excepting
only that this section shall not prohibit any officer or employee from such
activities in connection with the construction of a building or structure
owned by him and not constructed for sale.
The Town Attorney shall accept no employment from any person, firm,
partnership, corporation, municipality or other entity which will create a
conflict of interest or the appearance of a conflict of interest with the
interests of the Town of Greenville.
A.
Any officer, employee or appointee of the Town of Greenville
accepting employment from any person, firm, partnership, corporation, municipality
or other entity that represents any private interest, person or entity (other
than himself) before any agency or court of the Town of Greenville must disclose
that employment to the Town Board.
B.
Any officer, employee or appointee of the Town of Greenville
accepting employment from any person, firm, partnership, corporation, municipality
or other entity (other than himself) that is involved in any transaction with
the Town of Greenville or any agency thereof must disclose that employment
to the Town Board.
C.
Any officer, employee or appointee of the Town of Greenville
accepting employment from any person, firm, partnership, corporation, municipality
or other entity which may create a conflict of interest or the appearance
of such a conflict with the interests of the Town of Greenville must disclose
that employment to the Town Board.
A.
Any person who holds an office or leadership position
(defined as Chairman, President, Vice Chairman, Vice President, treasurer,
comptroller, secretary or any other title or position of authority whose duties
include those commonly recognized as the duties of those official titles or
positions) in a political party, as defined in the Election Law of the State
of New York, §§ 1 through 104, Subdivision 3, specifically
excluding official positions and titles of authority in political party structures
on the County, state or national level, shall not be eligible for appointment
to the Planning Board, the Zoning Board of Appeals, or the Board of Assessment
Review of the Town of Greenville.
B.
Any person who holds the chief executive position (defined
as Chairman, President or any other title or position of authority whose duties
include those commonly recognized as the duties of those official titles or
positions) in any organization, a purpose of which is to represent the interests
of a geographic area that is inclusive of part but not all of the Town of
Greenville, shall not be eligible for appointment to the Planning Board, the
Zoning Board of Appeals or the Board of Assessment Review of the Town of Greenville.
C.
Any new advisory board created by resolution of the Town
Board of the Town of Greenville shall fall under the restrictions for membership
eligibility prescribed by this Code of Ethics, unless specifically excluded
by resolution of the Town Board.
All officers, employees and appointees of the Town of Greenville who,
as a result of these revisions, are in violation of the duly adopted revised
Code of Ethics are directed to comply with all of its stipulations and requirements
within 60 days of the date of enactment.
