[HISTORY: Adopted by the Town Board of the Town of Manchester 12-3-1970
(Ch. 39, Art. I, of the 1989 Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Manchester recognizes the 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. It is the purpose of this chapter
to promulgate the rules of ethical conduct for the officers and employees
of the Town of Manchester. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Manchester. The rules
of ethical conduct contained in 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.
As used in this chapter, the following terms shall have the meanings
indicated:
A pecuniary or material benefit accruing to a municipal officer or
employee, unless the context otherwise requires.
An officer or employee of the Town of Manchester, whether paid or
unpaid, including the 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 Manchester 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 $75 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.[1]
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 before 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 fee.
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 this municipality whereby his compensation is to be dependent
or contingent upon any action by such agency with respect to such matter,
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 Manchester, 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 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 Manchester 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 active consideration.
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 Manchester 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 Manchester shall cause a copy of this
Code of Ethics to be distributed to every officer and employee of the municipality
within 10 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 or employment.
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.
