[Adopted 12-30-1970]
Municipal officers and employees shall be strictly governed in their
conduct by the requirements of § 805-a of the General Municipal
Law, enacted by Chapter 1019 of the Laws of 1970, effective July 1, 1970,
which provides:
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"Section 805-a. Certain action prohibited.
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1.
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No municipal officer or employee shall:
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a.
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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, service, 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, 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;
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b.
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Disclose confidential information acquired by him in the course of his
official duties or use such information to further his personal interests;
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c.
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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; or
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d.
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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 matter, provided that
this paragraph shall not prohibit the fixing at any time of fees based upon
the reasonable value of the services rendered.
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2.
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In addition to any penalty contained in any other provision of law,
any person who shall knowingly and intentionally violate this section may
be fined, suspended or removed from office or employment in the manner provided
by law."
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As used in this Code of Ethics, the following terms shall have the meanings
indicated:
An officer or employee of the Town of Deerpark whether paid or unpaid,
including members of any administrative board, commission or other agency
thereof, but does not include any professional consultant such as physician,
lawyer, public relations counselor or engineer rendering services on the basis
of fees for work performed rather than a salary. 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 of the Fire Department.
Each member of the Town Board, Planning Board, Zoning Board of Appeals,
Architectural Review Board and other administrative agencies of the Town and
their officers and employees, whether paid or unpaid, having any knowledge
of or participation in matters pending before such bodies shall publicly disclose
to the respective chairmen of such bodies, and the secretary thereof shall
record in their minutes, the nature and extent of any financial or other private
interest, direct or indirect, which such member has in any matter pending
before any municipal body which he serves or over which he has supervision.
A municipal officer or employee shall not invest or hold any investment
directly in any financial, business, commercial or other private transaction
which creates a conflict with his official duties.
A municipal officer or employee shall not engage in, solicit, negotiate
for, or promise to accept private employment or service, paid or unpaid, when
such employment or service creates a conflict with or impairs the proper discharge
of his official duties.
A municipal officer or employee shall not, after the termination of
service or employment with the Town, appear before any board or agency of
the Town in relation to any case, proceeding or application in which he personally
participated during the period of his service or employment.
The Supervisor of the Town shall cause a copy of this Code of Ethics
and copies of any amendments thereto to be published in the official newspaper
of the Town and mailed or delivered to each officer and employee of the Town
and of all boards and agencies thereof within 10 days after adoption of this
article. Thereafter, the Supervisor shall furnish each such officer or employee
with a copy of this Code of Ethics, as amended, before such officer or employee
shall enter upon his duties. The Town Clerk shall file in the office of the
State Comptroller of the State of New York a copy of this Code within 30 days
after its adoption. The Supervisor shall cause a copy of this Code and a copy
of Article 18 of the General Municipal Law to be kept posted in each public
building under the jurisdiction of the Town in a place conspicuous to its
officers and employees. Failure to post any such copy shall have no effect
on the duty of compliance with this article, nor with the enforcement of the
provisions thereof.
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.
