The Town Board of the Town of Cornwall 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. The proper operation
of the town government requires that its officers and employees be independent,
impartial, objective, unbiased and responsible to the people of the Town of
Cornwall; that public office not be used for personal gain; that public officers
and employees maintain the highest standards of integrity and discharge faithfully
the duties of their office, regardless of personal considerations; and that
the public have confidence in the officers and employees thereof. It is the
purpose of this chapter to implement these objectives through the establishment
of standards of conduct, to provide for punishment of violations of such standards
and to create a Board of Ethics to render advisory opinions to the town's
officers and employees as provided for herein.
The standards, prohibitive acts and procedures established herein are
in addition to any prohibitive 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 their application than this
chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
IMMEDIATE FAMILY MEMBER
A spouse, minor child or other dependent or relative residing in
the household of a town officer or employee.
INTEREST
Any claim, account or demand against or in agreement with the town,
express or implied, including designation of a depository of public funds
and the designation of an official newspaper, and direct or indirect pecuniary
or material benefit accruing to an officer or employee as a result of a business
or professional transaction with the town. For the purposes of this chapter,
an officer or employee shall be deemed to have a direct interest in the affairs
of:
A.
His spouse, minor children and dependents.
B.
A business concern, partnership or association of which such officer
or employee is a member, partner, owner, director or employee.
C.
A corporation of which such officer or employee is an officer, director
or employee.
D.
A corporation, any stock of which is owned or controlled, directly or
indirectly, by such officer or employee.
TOWN
The Town of Cornwall or any of its boards, commissions or agencies,
whether operated or funded solely by the Town of Cornwall or jointly with
one or more other municipalities.
TOWN BOARD MEMBER OR TOWN EMPLOYEE
Any elected or appointed officer or any employee of the town, whether
paid or not, including members of any administrative advisory board, commission
or other agency thereof. For the purpose of this chapter, no person shall
be deemed a town officer or employee solely by reason of being a volunteer
fireman or civil defense volunteer or being employed by the town as a result
of a contractual agreement.
TOWN CONSULTANT
Any individual, group or firm which renders services on behalf of
the town to any town officer, Town Board, Planning Board, Zoning Board of
Appeals or any other town agency or commission.
If any Town Board member, town officer, town employee or town consultant
has a potential or actual conflict of interest in any matter which he encounters
in the performance of his official town duties, he shall make known to all
concerned parties the nature of such conflict and shall refrain from any participation
whatsoever in the matter so as to avoid true conflict. In all cases of potential
or actual conflict, the Town Board shall be made aware of the situation by
the person in conflict along with any other concerned parties, including the
Town of Cornwall Board of Ethics.
The Board of Ethics shall have the following powers and duties:
A. To prescribe and promulgate rules and regulations governing
its own organization and procedures in a manner consistent with this code.
B. To render advisory opinions, upon written request to
any Board, department, town officer, Town Board member, town consultant or
town employee with respect to the interpretation or application of any provision
of this code. Opinions and requests for opinions shall be public record and
shall be indexed and maintained on file in an appropriate manner by the Town
Board of Ethics.
C. To review disclosure statements pursuant to §
20-5 of this code.
D. To prepare an annual report to the Town Board, summarizing
the activities of the Ethics Board, and recommend changes to this code, as
necessary.
E. To conduct investigations and recommend appropriate sanctions
of alleged violations of this code upon written notification of such alleged
violation by the Town Board of the Town of Cornwall.
F. To refer any matter within its jurisdiction to the County
or State Ethics Board, as may be appropriate.
In addition to any penalty contained in any other provision of law,
any town officer, Town Board member, town employee or town consultant who
shall knowingly and intentionally violate any of the provisions of this code
may be fined, reprimanded, suspended or removed from office or employment
in the manner provided by law.
The Town Clerk shall cause a copy of Article 18 of the General Municipal
Law and this Code of Ethics to be distributed to every town officer, Town
Board member, town employee and town consultant within 15 days of the effective
date of this chapter. In addition, every such town employee, Town Board member,
town officer or town consultant shall receive a copy of the same upon being
engaged in or taking office in the Town of Cornwall. Failure to distribute
any such copy or failure of any Town Board member, town officer, town employee
or town consultant to receive such copy shall have no effect on the duty of
compliance with this code or the enforcement of provisions hereof. The Town
Supervisor shall further cause a copy of this chapter to be kept posted conspicuously
in each public building under the jurisdiction of the town. Failure to so
post this chapter shall have no effect on the duty of compliance herewith
or the enforcement of provisions hereof.
Within 30 days of the adoption of this chapter, the Town Clerk shall
file a copy thereof with the Temporary State Commission on Local Government
Ethics as established pursuant to § 813 of the General Municipal
Law.
The Town Board may appropriate moneys from the general town funds for
the maintenance of and personal services to the Board of Ethics established
hereunder, but such Board of Ethics may not commit the expenditure of town
moneys except within the appropriations provided herein.
If any clause, sentence, paragraph, word or section or part of this
Town Code of Ethics shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not effect,
impair or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, word, section or part thereof directly
involved in the controversy in which such judgment shall have been rendered.