[HISTORY: Adopted by the Town Board of the Town of Salina at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted
where applicable.]
The Town Board of the Town of Salina recognizes that the State of New
York has enacted 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. It is the purpose of this
chapter to implement this objective through the establishment of standards
of conduct for officers and employees of the Town of Salina.
The standards, prohibited acts and procedures established herein are
in addition to any prohibited acts, conflicts of interest provisions or procedures
set forth in any statute of the State of New York and also in addition to
common law rules and precedents of judicial decisions relating to the conduct
of town officers or employees to the extent that the same are more severe
or prohibitive in their application than this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Any son, daughter, stepson or stepdaughter of a town employee if
such child is under the age of 18 years or is a dependent of the employee
pursuant to the provisions of the Internal Revenue Code.
Any claim, account or demand against the town or an agreement, whether
express or implied, with the town and shall include the designation of a depository
of public funds and the designation of an official newspaper for the publication
of any notice, resolution, ordinance or other proceeding where such is required
or authorized by law.
A direct or indirect pecuniary or material benefit accruing to a
town employee as a result of a contract with the town. For the purpose of
this chapter, a town employee shall be deemed to have an interest in the contract
of:
The employee's spouse, minor children and dependents, except a contract
of employment with the town which such employee serves;
A firm, partnership or association of which such employee is a member
or employee;
A corporation of which such employee is an officer, director or employee;
and
A corporation, any stock of which is owned or controlled directly or
indirectly by such employee.
Any officer or employee of the Town of Salina, whether serving in
a full-time or part-time capacity, whether elected or appointed or paid or
unpaid, including members of any administrative board, commission or other
agency of the Town of Salina, except the Town Justice.
A spouse or a child, as defined herein, of a town employee.
The husband or wife of a town employee, unless legally separated
from such employee.
Any board, commission, district, council or other agency, department
or unit of the government of the Town of Salina.
The Town Board of the Town of Salina.
There is hereby established and adopted herein a Code of Ethics containing
the following standards of conduct for officers and employees of the Town
of Salina.
No town employee shall have any interest in or engage in any business
or transaction or professional activity or incur any obligation of any nature
which is in conflict with the proper discharge of the employee's duties.
A.
Outside employment. No town employee shall accept other
employment which will impair the employee's judgment in the exercise of official
duties.
B.
Confidential information. No town employee shall disclose
confidential information acquired by the employee in the course of the employee's
official duties, nor use such information to further the employee's personal
interest(s).
C.
Solicitations by town employees. No town 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
the employee or could reasonably be expected to influence the employee in
the performance of the employee's official duties or was intended as a reward
of any official action on the employee's part.
D.
Compensation prohibited. No town employee shall 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 the town of
which the employee is an officer, member or employee thereof or of any municipal
agency over which the employee has jurisdiction or to which the employee has
the power to appoint any member, officer or employee.
E.
Contingent compensation. No town employee shall receive
or enter into any agreement, express or implied, for compensation for services
to be rendered to any matter before any agency of the town, whereby the employee's
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.
F.
Use of position. No town employee shall use or attempt
to use his or her official position to secure unwarranted privileges or exemptions
for himself or others.
G.
Representing outside interests. No town employee shall
engage in any transaction as representative or agent of the town with any
business entity in which the employee has an interest. For the purposes of
this subsection only, an employee shall not be deemed to have any interest
hereunder in any corporation or other legal entity in which the employee owns
no more than 5% of the outstanding stock or other controlling interest of
the corporation or other legal entity.
H.
Disclosure of interest. Each town employee shall, to
the extent that the employee is cognizant thereof, disclose any interest the
employee may have in any matter pending before any town agency.
I.
Disclosure of interest in contracts. Any municipal officer
or employee who has, will have or later acquires an interest in any actual
or proposed contract with the town shall publicly disclose the nature and
extent of such interest, in writing, to the Town Board thereof as soon as
the employee has knowledge of such actual or prospective interest. Such written
disclosure shall be made part of and set forth in the official record of the
proceedings of the Town Board. Once disclosure has been made by an employee
with respect to any interest in a contract with a particular person, firm
or corporation, association or other legal entity, no further disclosures
need be made by such employee with respect to additional contracts with the
same party during the remainder of the fiscal year.
J.
Contracts. No town employee shall have an interest in
any contract with the town when such employee, individually or as a member
of a board, has the power or duty to negotiate, prepare, authorize or approve
the contract; or authorize or approve payment thereunder; or audit bills or
claims under the contract; or appoint an officer or employee who has any of
the powers or duties set forth above.
K.
The provisions of this section shall, however, be subject
to the exceptions set forth in § 802 of the General Municipal Law,
as none exists or may be hereafter amended.
Any town employee who shall knowingly and intentionally violate any
of the provisions of this chapter may be fined, suspended or removed from
office or employment in the manner provided by law.
