The Town Board of the Town of Sweden recognizes that there are state
statutory provisions mandating towns to establish rules and standards of ethical
conduct for public officers and employees which, if observed, can enhance
public confidence in local government. In the light of a tendency today on
the part of some people to downgrade our local governments and to discredit
our public servants and our free institutions generally, it appears necessary
that every effort be made to assure the highest caliber of public administration
of this Town as part of our state's important system of local government.
It is the purpose of this Code of Ethics to implement this objective through
the establishment of standards of conduct and to provide for punishment of
violations of such standards as provided for herein.
The standards, prohibited acts and procedures established herein are
in addition to any prohibited acts, conflicts of interest provisions or procedures
prescribed by statute of the State of New York and also in addition to common
law rules and judicial decisions relating to the conduct of Town officers
to the extent that the same are more severe in application than this code.
As used in this chapter, the following terms shall have the meanings
indicated:
INTEREST
A pecuniary or material benefit accruing to a municipal employee,
unless the context requires otherwise.
TOWN
Any board, commission, district, council or other agency, department
or unit of the government of the Town of Sweden.
TOWN EMPLOYEE
Any officer or employee of the Town of Sweden, whether paid or unpaid,
whether serving in a full-time, part-time or advisory capacity.
No Town employee shall have any interest, financial or otherwise, direct
or indirect, or engage in any business or transaction or professional activity
or incur any obligation of any nature which is in substantial conflict with
the proper discharge of his duties in the public interest.
[Amended 12-27-2001]
An officer or employee is subject to, and must abide by, the following
standards of conduct:
A. No Town employee shall accept other employment which
impairs the employee's independence of judgment in the exercise of the employee's
official duties.
B. No Town employee shall accept employment or engage in
any business or professional activity which will require the employee to disclose
confidential information which the employee has gained by reason of the employee's
official position or authority.
C. No Town employee shall use or attempt to use the employee's
official position to secure unwarranted privileges or exemptions for the employee
or others.
D. No Town employee shall engage in any transaction as representative
or agent of the Town with any business activity in which the employee has
a direct or indirect financial interest that might reasonably tend to conflict
with the proper discharge of the employee's official duties.
E. A Town employee shall not, by the employee's conduct,
give reasonable basis for the impression that any person can improperly influence
the employee or unduly enjoy the employee's favor in the performance of the
employee's official duties or that the employee is affected by the kinship,
rank, position or influence of any party or person.
F. Each Town employee shall abstain from making personal
investments in enterprises which the employee has reason to believe may be
directly involved in decisions to be made by the employee or which will otherwise
create substantial conflict between the employee's duty in the public interest
and the employee's private interest.
G. Each Town employee shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that the employee
is likely to be engaged in acts that are in violation of the employee's trust.
H. No Town employee shall either directly or indirectly sell, acquire,
barter, lend, exchange, use or dispose of any Town property whatsoever.
[Amended 8-22-2006 by L.L. No. 3-2006]
I. No Town employee employed on a full-time basis nor any
firm or association of which such employee is a member nor any corporation,
a substantial portion of the stock of which is owned or controlled, directly
or indirectly, by such employee, shall sell goods or services to any person,
firm, corporation or association which is licensed or whose rates are fixed
by the town in which such employee serves or is employed.
[Amended 12-27-2001]
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.
Upon the adoption of this code, the Town Supervisor shall cause a copy
thereof to be distributed to every Town employee of this Town. Failure to
distribute any such copy or failure of any Town employee to receive such copy
shall have no effect on the duty of compliance with this code nor the enforcement
of provisions hereof. The Town Supervisor shall further cause a copy of this
code to be kept posted conspicuously in each public building under the jurisdiction
of the Town. Failure to so post this code shall have no effect on the duty
of compliance herewith nor the enforcement of provisions hereof.
Within 30 days of the adoption of this code, the Town Clerk shall file
a copy thereof in the office of the State Comptroller.