These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Dover. The rules
of ethical conduct of this chapter, as adopted, shall not conflict
with, but shall be in addition to any prohibitions 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:
INTEREST
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Dover, whether paid
or unpaid, 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 Chief Engineer or Assistant Chief
Engineer.
Every officer or employee of the Town of Dover
shall be subject to and abide by the following standards of conduct:
A. Gifts. He shall not directly or indirectly, solicit
any gift or accept or receive any gift having a value of $25 or more,
whether in the form of money, services, loan, travel, entertainment,
hospitality, thing or promise or any other form under circumstances
in which it could reasonably be inferred that the gift was intended
to influence him or could reasonably be expected to influence him
in the performance of his official duties or was intended as a reward
for any official action on his part.
B. Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest.
C. Representation before one's own agency. He shall not
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 is an officer, member or employee or of any municipal
agency over which he has jurisdiction or to which he has the power
to appoint any member officer or employee.
D. Representation before any agency for a contingent.
He shall not 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 his municipality, whereby his compensation is
to be dependent or contingent upon any action by such agency with
respect to such matters, provided that this subsection shall not prohibit
the fixing at any time of fees based upon the reasonable value of
the services rendered.
E. Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Town Board and any officer
or employee of the Town of Dover, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Town Board on any
legislation before the Town Board shall publicly disclose on the official
record the nature and extent of any direct or indirect financial or
other private interest he has in such legislation.
F. Investments in conflict with official duties. He shall
not invest or hold any investment directly or indirectly in any financial,
business, commercial or other private transaction which creates a
conflict with or impairs the proper discharge of his official duties.
G. Private employment. He shall not engage in, solicit,
negotiate for or promise to accept private employment or render services
for private interests when such employment or service creates a conflict
with or impairs the proper discharge of his official duties.
H. Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Town of Dover 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 consideration.
I. Disclosure of interests. The Town Board member shall recuse himself
or herself from participation in discussion and voting on a matter
when there is the potential for an appearance of impropriety or where
the Board member has an interest or is an officer or board member
in an organization conducting business with the Town of Dover.
[Added 4-26-2017 by L.L.
No. 1-2017]
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 Dover 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.
In addition to any penalty contained in any
other provision of law, any person who shall knowingly or 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.