[Adopted 6-21-1970 by L.L. No. 2-1970]
The Town Board of the Town of Greece 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 article to implement this objective through
the establishment of standards of conduct, to provide for punishment
of violation of such standards and to create a Board of Ethics to
render advisory opinions to the Town's officers and employees, as
provided 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 their application than this article.
As used in this article, the following words
shall have the meanings indicated:
Any board, commission, district, council or other agency,
department or unit of the government of the Town of Greece.
Any officer or employee of the Town of Greece, whether paid
or unpaid, whether serving in a full-time, part-time, seasonal, temporary
or advisory capacity.
[Amended 4-21-2009 by L.L. No. 1-2009; 8-17-2010 by L.L. No.
3-2010]
[Amended 8-17-2010 by L.L. No. 3-2010]
No Town officer or 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/her duties in the public interest.
[Amended 3-17-1992 by L.L. No. 1-1992; 4-21-2009 by L.L. No.
1-2009; 8-17-2010 by L.L. No. 3-2010]
A.
No Town
officer or employee shall accept other employment which will impair
his/her independence of judgment in the exercise of his/her official
duties.
B.
No Town
officer or employee shall accept employment or engage in any business
or professional activity which will require him/her to disclose confidential
information which he/she has gained by reason of his/her official
position or authority.
C.
No Town
officer or employee shall use or attempt to use his/her official position
to secure unwarranted privileges or exemptions for himself/herself
or others.
D.
No Town
officer or employee shall engage in any transaction as representative
or agent of the Town with any business entity in which he/she has
a direct or indirect financial interest that might reasonably tend
to conflict with the proper discharge of his/her official duties.
E.
A Town officer
or employee shall not by his/her conduct give reasonable basis for
the impression that any person can improperly influence him/her or
unduly enjoy his/her favor in the performance of his/her official
duties, or that he/she is affected by the kinship, rank, position
or influence of any party or person.
F.
Each Town
officer or employee shall abstain from making personal investments
in enterprises which he/she has reason to believe may be directly
involved in decisions to be made by him/her or which will otherwise
create substantial conflict between his/her duty in the public interest
and his/her private interest.
G.
Each Town
officer or employee shall endeavor to pursue a course of conduct which
will not raise suspicion among the public that he/she is likely to
be engaged in acts that are in violation of his/her trust.
H.
No Town
officer or employee employed on a full-time basis, nor any firm or
association of which such officer or employee is a member, nor any
corporation a substantial portion of the stock of which is owned or
controlled, directly or indirectly, by such officer or 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
officer or employee serves or is employed.
I.
Each Town
officer or employee shall, to the extent that he/she is cognizant
thereof, disclose any interest he/she may have in legislation before
the Town Board.
J.
No Town
officer or employee, within two years after the termination of his
service or employment with the Town, shall accept employment which
will involve contracts with the Town which can work to his special
advantage by virtue of his prior contact and relationship with the
Town.
K.
No Town
officer or employee shall directly or indirectly solicit any gift
or accept or receive any gift having a value of $75 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.
L.
No Town
officer or employee shall violate the diversity, harassment, e-mail,
or Internet policies, whistleblower protection policy, supervision
of relatives policy and any other Town or departmental policy governing
conduct by officers or employees, which policies have been established
and promulgated by the Town Board.
[Amended 8-17-2010 by L.L. No. 3-2010]
In addition to any penalty contained in any
other provision of law, any such Town officer or employee who shall
knowingly and intentionally violate any of the provisions of this
article may be fined, suspended or removed from office or employment
in the manner provided by law.
A.
There is hereby established a Board of Ethics consisting
of three members, to be appointed by the Town Board, who shall all
reside in the County of Monroe and serve without compensation and
at the pleasure of the Town Board of the Town of Greece. A majority
of such members shall be persons other than Town officers or employees
but shall include at least one member who is an elected or appointed
Town officer or employee of the Town of Greece.
[Amended 11-17-1998 by L.L. No. 5-1998; 8-17-2010 by L.L. No. 3-2010]
B.
The Board of Ethics established hereunder shall render
advisory opinions to Town officers or employees on written request
and upon request of the Town Board make recommendations to such Town
Board as to any amendments of this article. The opinions of the Board
of Ethics shall be advisory and confidential, and in no event shall
the identity of the Town officer or employee be disclosed except to
authorized persons and agencies. Such opinions shall be on the advice
of counsel employed by the Board of Ethics, or, if none, of the Town
Attorney.
[Amended 8-17-2010 by L.L. No. 3-2010]
C.
Such Board of Ethics upon its formation shall promulgate
its own rules and regulations as to its form and procedures and shall
maintain appropriate records of its opinions and proceedings.
[Amended 8-17-2010 by L.L. No. 3-2010]
Upon the adoption of this article, the Town
Supervisor shall cause a copy thereof to be distributed to every Town
officer or employee of this Town. Failure to distribute any such copy
or failure of any Town officer or 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 article to be kept posted conspicuously in each public building
under the jurisdiction of the Town. Failure to so post this article
shall have no effect on the duty of compliance herewith, nor the enforcement
of provisions hereof.
Within 30 days of the adoption of this article,
the Town Clerk shall file a copy thereof in the office of the State
Comptroller.
The Town Board may appropriate moneys from the
general Town funds for the maintenance of and for personnel 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.
[Added 8-17-2010 by L.L.
No. 3-2010]
A.
Whenever
a matter requiring the exercise of discretion comes before a Town
of Greece officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
relative, or any private organization in which he or she is deemed
to have an interest, the officer or employee shall disclose in writing
the nature of the interest.
B.
The disclosure
shall be made when the matter requiring disclosure first comes before
the Town, or when the Town officer or employee first acquires knowledge
of the interest requiring disclosure, whichever is earlier.
C.
In the
case of a person serving in an elective office, the disclosure shall
be filed with the Town Board through the Town Clerk. In all other
cases, the disclosure shall be filed with the person’s supervisor
or, if the person does not have a supervisor, the disclosure shall
be filed with the municipal officer, employee or board having the
power to appoint to the person’s position. In addition, in the
case of a person serving on a municipal board, a copy of the disclosure
shall be filed with the board. Any disclosure made to a board shall
be made publicly at a meeting of the board and must be included in
the minutes of the meeting.
[Added 8-17-2010 by L.L.
No. 3-2010]
A.
No Town
officer or employee may participate in any decision or take any official
action with respect to any matter requiring the exercise of discretion,
including discussing the matter and voting on it, when he or she knows
or has reason to know that the action could confer a direct or indirect
financial or material benefit on himself or herself, a relative, or
any private organization in which he or she is deemed to have an interest.
B.
In the
event that this section prohibits a Town officer or employee from
exercising or performing a power or duty:
(1)
If
the power or duty is vested in a Town officer or employee as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board; or
(2)
If
the power or duty is vested in a Town officer or employee individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer or employee does not have a deputy, the
power or duty shall be performed by another person to whom the officer
may lawfully delegate the function.
(3)
If
the power or duty is vested in a Town officer or employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
[Added 8-17-2010 by L.L.
No. 3-2010]
A.
This
Town code’s prohibition on use of a Town position, disclosure
requirements, and requirements relating to recusal and abstention
shall not apply with respect to the following matters:
