[Amended 12-11-2014 by L.L. No. 7-2014]
A. Purpose of Code.
(1) Pursuant to the provisions of § 806 of Article 18 of the
General Municipal Law of the State of New York, the Town Board of
the Town of Copake recognizes the need for rules of ethical conduct
for public officers and employees, whether elected or appointed, whether
paid or unpaid, which must be observed if a high degree of moral conduct
is to be obtained and if public confidence is to be maintained in
local government.
(2) It is the purpose of this chapter to promulgate these rules of ethics
for the officers and employees of the Town of Copake. These rules
shall serve as the guide for official conduct of the officers and
employees of the Town of Copake. They shall set forth the standards
of conduct reasonably expected of the officers and employees of the
Town of Copake.
(3) The Town of Copake shall require its officers and employees to be
independent, impartial and free from conflicts of interest in fulfilling
their public responsibilities in order to ensure their exemplary ethical
behavior. Specifically, this Code of Ethics shall provide standards
for officers and employees with respect to disclosure of interest
in legislation before the local governing body, holding of investments
in conflict with official duties, private employment in conflict with
official duties, future employment and such other standards relating
to the conduct of officers and employees as may be deemed advisable.
(4) 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.
B. Board of Ethics established.
(1) Pursuant to the authority in § 808 of the General Municipal
Law, there is hereby established a Board of Ethics, to be appointed
by the Town Board of the Town of Copake, all members of which shall
reside in the Town of Copake and who shall serve without compensation
and at the pleasure of the Town Board. Such Board of Ethics shall
act only with respect to officers and employees of the Town of Copake
that have established such Board or its agencies.
(2) Upon written request of the Town Board, any officer, employee or
resident of the Town of Copake, the Board of Ethics shall render advisory
opinions on the requirements of this chapter and any other applicable
provisions of law concerning ethics of municipal officers and employees.
An opinion rendered by the Board of Ethics, until and unless amended
or revoked, shall be binding on the Board of Ethics in any subsequent
proceeding concerning the person who requested the opinion and who
acted in good faith, unless material facts were omitted or misstated
by the person in the request for an opinion. Such opinion may also
be relied upon by such person, and may be introduced and shall be
a defense, in any criminal or civil action. Such requests shall be
confidential to the extent permitted by law except that the Board
of Ethics may publish such opinions, provided that the name of the
requesting person and other identifying details shall not be included
in the publication. In the event, however, that legal advice may be
necessary before such opinion is rendered, the Board of Ethics may
consult with the Town Attorney.
(3) The Board of Ethics, upon its formation, shall adopt its own rules
and regulations as to its form and procedures and shall maintain formal
records of its opinions and proceedings.
C. Membership and organization.
(1) Member terms of office. The Board of Ethics shall be comprised of
five members, the majority of whom are not otherwise officers or employees
of the Town of Copake; however, such Board shall include at least
one member who is an elected or appointed municipal officer or employee.
Each member shall serve a term of four years. Upon adoption of these
revisions, the term of each current member shall be set at four years
from date of appointment.
(2) The members of the Board of Ethics shall elect from among themselves
a Chair, whose responsibilities shall include running Board of Ethics
meetings, receiving and acknowledging complaints and communicating
as necessary with the Copake Town Board.
(3) Secretary. The members of the Board of Ethics shall elect from among
themselves a Secretary. The Secretary shall maintain records of all
meetings, proceedings and opinions rendered, such records to be confidential
and not subject to public disclosure except as required by the New
York State Public Officers Law or other applicable law, and shall
transmit minutes of Board of Ethics meetings to the Copake Town Clerk.
(4) The Chair and Secretary shall serve terms of two years, and may succeed
themselves.
D. Filling vacancies. Vacancies will be filled in accordance with the
Town of Copake Policy Manual.
E. Removal of Ethics Board members. An Ethics Board member may be removed
by approval of the Copake Town Board after written notice to that
member and a hearing where the Board member may be heard in his or
her defense. Grounds for removal shall consist of substantial neglect
of duty, gross misconduct in office, inability to discharge the duties
of office, conviction of a crime or similar acts or omissions.
F. Meetings.
(1) The meeting schedule of the Board of Ethics will be set at the January
meeting each year. Additional special meetings may be called by any
three members upon 48 hours' notice to each Board member. The
Board of Ethics is authorized to enter into executive session when
appropriate, provided that all meetings of the Board of Ethics, including
executive sessions, shall be conducted in accordance with the New
York State Freedom of Information Law, Open Meetings Law, and other
applicable laws.
(2) Three members shall constitute a quorum for transaction of business
by the Board of Ethics. Any action by the Board of Ethics requires
three affirmative votes.
G. False or deceptive statements. An officer, employee and/or committee
member of the Town of Copake shall not knowingly make a false or deceptive
statement in the course of his or her official duties, nor shall be
or she willfully violate or evade any provision of law relating to
his or her duties or employment.
H. Confidentiality. Records and proceedings of the Board of Ethics shall
be kept confidential to the extent permitted by the New York State
Public Officers Law, Open Meetings Law, Freedom of Information Law,
or other applicable law, except that the following may be disclosed
or disseminated:
(1) The information set forth in an annual statement of financial disclosure;
(2) The opinions rendered by the Board of Ethics, provided that such
opinions shall not reveal the name of the person making the complaint
or any other identifying characteristics;
(3) A copy of any Code of Ethics or any amendments to any Code of Ethics
adopted; and
(4) A statement that the Town of Copake has established a Board of Ethics,
in accordance with § 808 of the General Municipal Law and/or
pursuant to other law, charter, code, local law, ordinance or resolution,
and the composition of such Board.
As used in this chapter, the following terms
shall have the meanings indicated:
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer, employee or appointee as a result of a contract
with the Town of Copake. For the purposes of the Code, a municipal
officer, employee or appointee shall be deemed to have an interest
in the contract of:
A. His or her spouse, minor children and dependents,
except a contract of employment with the Town of Copake which such
officer, employee or appointee serves.
B. A firm, partnership or association of which such officer,
employee or appointee is a member or employee.
C. A corporation of which such officer, employee or appointee
is an officer, director or employee.
D. A corporation, any stock of which is owned or controlled
directly or indirectly by such officer, employee or appointee.
MUNICIPAL OFFICER, EMPLOYEE OR APPOINTEE
An officer, employee or appointee of the Town of Copake,
whether paid or unpaid, whether full or part-time, 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 Fire Chief or Assistant Fire Chief.
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 Copake 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.
The Supervisor of the Town of Copake shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the Town within five 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
of 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 the enforcement provisions
thereof.
In accordance with Subdivision 3 of § 806 of the General Municipal Law, the Clerk of the Town of Copake shall file a copy of this Code of Ethics with the temporary state commission on local government ethics established by § 813 of the General Municipal Law, if such temporary state commission be in existence, and in all events shall maintain as a record subject to public inspection the documents provided for by §
23-1H of this chapter.
Any person whose conduct constitutes a violation
of the Code of Ethics is subject to the following disciplinary actions,
civil fines, damages, civil forfeiture or referral to appropriate
authorities for prosecution:
A. Disciplinary action. After a hearing is conducted
in accordance with due process, the Board of Ethics, in its discretion,
may recommend appropriate disciplinary action including, but not limited
to, a warning, reprimand, suspension or removal from office or employment.
Such disciplinary action may be imposed in addition to any other penalty
contained in the Code of Ethics. Said recommendation of the Board
of Ethics shall be made to the Town Board or such other person or
body authorized by law to impose such disciplinary action. The Board
of Ethics shall conduct and complete the hearing with reasonable promptness,
unless in its discretion the Board of Ethics refers the matter to
the Town Board or such other person or body authorized by law to impose
disciplinary action or the appropriate prosecutor. If such a referral
is made, the Board of Ethics may adjourn the matter pending determination
by the Town Board, person, body, or prosecutor, as the case may be.
B. Civil fine. In its discretion and after such hearing,
upon the recommendation of the Board of Ethics, the Town Board, pursuant
to the Code of Ethics, may assess a civil fine, not to exceed $100
for each violation, upon any Town officer or municipal employee found
by the Board of Ethics to have violated the Code of Ethics. The Town
Board shall conduct and complete the civil fine hearing with reasonable
promptness. The subject Town officer or employee may be present and
shall have the right to be represented by an attorney at the civil
fine hearing, which hearing shall not be open to the public. The civil
fine shall be payable to the Town. A civil fine may be imposed in
addition to any other penalty contained in any other provision of
the law or the Code of Ethics.
C. Damages. Any Town officer or municipal employee who
violates any provision of the Code of Ethics shall be liable in damages
to the Town of Copake for losses or increased costs incurred by the
Town as a result of the violation. The Town Board may initiate an
action in the court of appropriate jurisdiction to obtain said damages.
Such damages may be imposed in addition to any other penalty contained
in any others provision of the law or in the Code of Ethics.
D. Civil forfeiture. Any Town officer or municipal employee
who intentionally or knowingly violates any provision of the Code
of Ethics may be subject to civil forfeiture to the Town in a sum
equal to three times the value of any financial benefit he or she
received as a result of the conduct that constituted the violation.
A civil forfeiture may be imposed in addition to any other penalty
contained in any other provision of law or in the Code of Ethics.
E. Injunctive relief. The Town Board on behalf of the
Town may initiate an action or special proceeding, as appropriate,
in a court of appropriate jurisdiction for injunctive relief to enjoin
a violation of the Code of Ethics or to compel compliance therewith.
F. Prosecutions. The Town Board may refer to the appropriate
prosecutor possible criminal violations of this chapter. Nothing contained
in this chapter shall be construed to restrict the authority of any
prosecutor to prosecute any person violating the Code of Ethics or
any other law. Any person, firm or corporation who is guilty of a
violation of this chapter shall, upon conviction thereof, be subject
to a fine of not more than $250 or imprisonment for a term of not
more than 15 days, or both. Each day after notice that a violation
continues shall be deemed a separate offense.
If any part or provision of this chapter or
the application thereof to any person or organization is adjudged
by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such judgment shall not affect or impair any other part or
provision or the application thereof to any other person or organization,
but shall be confined in its operation to such part or provision.