Pursuant to the provisions of § 806
of the General Municipal Law, the Common Council of the City of Middletown
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. It is the purpose of this chapter to
promulgate these rules of ethical conduct for officers and employees
of the City of Middletown. These rules shall serve as a guide for
official conduct of the officers and employees of the City of Middletown.
The rules of ethical conduct of this chapter, as adopted, shall not
conflict with, but shall be in addition to, any prohibition of Chapter
24, 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.
Every officer or employee of the City of Middletown
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.
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 board or 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 board or agency of which he is an officer, member
or employee or of any municipal board or agency over which he has
jurisdiction or to which he has the power to appoint any member, officer
or employee.
D. Representation before any board or 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 board or agency of his municipality whereby
his compensation is to be dependent or contingent upon any action
by such board or 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 Common Council and any officer
or employee of the City of Middletown, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Common
Council on any legislation before the Common Council 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 City of Middletown 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 City of Middletown,
or any board or 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 right or benefit authorized or permitted by law.
[Amended 4-23-2007 by L.L. No. 1-2007; 1-7-2008]
The Mayor of the City of Middletown shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the City of Middletown within 30 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. Each recipient shall sign a certificate
acknowledging his receipt of said Code of Ethics, which certificate
shall be filed with the City Clerk. Failure to distribute any such
copy or failure of any officer or employee to receive such copy shall
have no effect on the duty of compliance with such code, nor the enforcement
of 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 chapter may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.