[HISTORY: Adopted by the Town Board of the
Town of Thompson 8-18-1998 by L.L.
No. 11-1998 (Ch. 21 of the 2003 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 58.
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Thompson
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 the officers and employees
of the Town of Thompson. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Thompson. The
rules of ethical conduct herein adopted shall not conflict with but
shall be in addition to any prohibition of Article 18 of the General
Municipal Law or of any other general or special law relating to ethical
conduct and conflicts of interests of municipal officers and employees.
Unless the context requires a different meaning,
the following terms shall have the meanings set forth in this section:
The existence of an interest in contracts, matters and applications
pending before the Town which is prohibited by law as defined by the
General Municipal Law and such other interests in matters, applications
and proceedings before the Town that may not be prohibited by law
but may create the appearance of impropriety.
Any claim, account or demand against or agreement with a
municipality, express or implied, and shall include the designation
of a depository of public funds and the designation of a newspaper,
including but not limited to an official newspaper, for the publication
of any notice, resolution, ordinance or other proceeding where such
publication is required or authorized by law.
A position held by a member of the Town Board, officer or
employee of the Town as a member of a board of a corporation exercising
management and control of such corporation or having a position in
such corporation that would evidence a role in the management and
supervision of the operations of such corporation.
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
His spouse, minor children and dependents, except
a contract of employment with the municipality which such officer
or employee serves;
A firm, partnership or association of which
such officer or employee is a member or employee;
A corporation of which such officer or employee
is an officer, director or employee; and
A corporation any stock of which is owned or
controlled directly or indirectly by such officer or employee.
An elected official, a member of the Town Board, an officer
appointed by the Town Board and a member of any board or agency of
the Town and any other person employed by the Town without regard
to whether such person is compensated. 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 fire chief or assistant
fire chief.
A security, as defined in and by the applicable federal securities
regulatory statutes, the issuance of which is subject to the jurisdiction
of a federal agency and is traded on a securities exchange and was
acquired by purchase through a securities broker, by stock split or
stock dividend, merger, consolidation or established dividend reinvestment
plan available to all holders of such security equally, provided that
such holdings shall in the aggregate be less than 5% of the outstanding
stock of such corporation. For the purposes of this code, ownership
of a security held by a publicly traded mutual fund where an officer
or employee of the Town owning shares of such mutual fund has no authority
to influence the purchase or sale of such security shall not be deemed
to be ownership of such security by such officer or employee of the
Town. For the purposes of this code, ownership bonds or other evidence
of indebtedness issued by the United States of America, the State
of New York or of any municipal corporation, district, authority or
agency shall not be deemed to be a financial interest in any such
entity.[1]
Every officer or employee of the Town of Thompson
shall be subject to and abide by the following standards of conduct:
A.
Gifts. No officer or employee of the Town shall directly
or indirectly solicit 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
such officer or employee, 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 the part of such officer or employee.
[Amended 10-21-2003 by L.L. No. 7-2003]
B.
Conflicts of interest. No officer or employee of the
Town shall have an interest in any contract with the Town for the
sale of goods or for the rendering of any service by any firm, partnership,
association or corporation, except as may be permitted by the provisions
of § 802 of the General Municipal Law, as amended.
C.
Confidential information. No officer or employee of
the Town shall disclose confidential information acquired by such
officer or employee in the course of the official duties of such officer
or employee or use such information to further the personal interest
of such officer or employee.
D.
Representation before one's own agency. No officer
or employee of the Town shall receive or enter into any agreement,
express or implied, for compensation or services to be rendered in
relation to any matter before the Town of which such officer or employee
is an officer, member or employee or of any agency of which such officer
or employee has jurisdiction or to which such officer or employee
has the power to appoint any member, officer or employee.
E.
Representation before any agency for a contingent
fee. No officer or employee or the Town shall receive or enter into
any agreement, express or implied, for compensation or services to
be rendered in relation to any matter before any agency of the Town
whereby the compensation of such officer or employee 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.
Disclosure of interest in pending matters. To the
extent that an officer or employee of the Town shall have knowledge
of such facts, any officer or employee of the Town, whether paid or
unpaid, who participates in the discussion or gives an official opinion
to the Town on any matter before the agency shall publicly disclose
on the official record the nature and extent of any direct or indirect
financial or other private interest that officer or employee of the
Town has in such matter pending before the Town or any agency of the
Town.
G.
Investments in conflict with official duties. No officer
or employee of the Town should invest or hold any investment, directly
or indirectly, in any financial, business or commercial or other private
transaction which creates a conflict with the official duties of such
officer or employee of the Town; provided, however, that ownership
by an officer or employee of the Town of a publicly traded security
issued by a corporation which has a matter, proceeding or application
pending before the Town Board or other agency of the Town shall not
be deemed to be a conflict if such ownership does not involve a controlling
position held by such officer or employee of the Town and such ownership
shall be disclosed as herein provided.
H.
Private employment. No officer or employee shall 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 the official
duties of such officer or employee.
I.
Future employment. No officer or employee shall, after
the termination of service or employment with the Town, appear before
any board, department, commission or agency of the Town in relation
to any case, proceeding or application in which such officer or employee
personally participated during the period of service or employment
or which was under active consideration of or by such officer or employee.
J.
Unwarranted privileges or exemptions. No officer or
employee of the Town shall use or attempt to use the official position
or employment of such officer or employee to secure unwarranted privileges
or exemptions for such officer or employee or for others; provided,
however, that nothing contained in this subsection shall prohibit
the granting of benefits or exemptions to qualified organizations
making application to the agency in such manner as may be authorized
by the agency.
K.
Course of conduct. No officer or employee of the Town
shall pursue any course of conduct which will raise or tend to raise
a suspicion among the public that such officer or employee is likely
to be engaged in acts that are in violation of his trust and/or oath
of office.
L.
Contracts with interested parties. No officer or employee
of the Town should enter into a contract with a person or party after
the filing by such person or party of an application with the Town
Board or other agency of the Town unless the Town Board or other agency
of the Town shall have determined on written request that such contract
will have no adverse effect on the performance of the official duties
of such officer or employee of the Town and will not be a conflict
of interest as defined in and by the General Municipal Law. For the
purposes of this subsection, a subcontract for the performance of
work, labor and services with respect to a project funded by the Town
shall be deemed to be a contract with the person or party who is a
member of a board or agency having jurisdiction of the contract or
the contractor.
M.
No officer or employee of the Town should engage in
any transaction as a representative of the Town with any business
entity in which such officer or employee of the Town has a direct
or indirect financial interest that might reasonably tend to conflict
with the proper discharge of the official duties of such officer or
employee of the Town; provided, however, that the Town Board or other
agency of the Town, after full disclosure, may consent to representation
in accordance with appropriate standards established by ethical boards
representing attorneys and other professional consultants advising
the Town Board or other agency of the Town, and provided further that
ownership by an officer or employee of the Town of a publicly traded
security issued by a corporation which has a matter, proceeding or
application pending before the Town Board or other agency of the Town
shall not be deemed to be a conflict if such ownership does not involve
a controlling position held by such officer or employee of the Town
and such ownership shall be disclosed as herein provided.
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 Thompson
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.
A.
Unless otherwise provided by law, the Town Board shall
review compliance with this code; provided, however, that no member
of the Town Board shall participate in any action which involves such
member.
B.
Any officer or employee of the Town may request an
opinion from the Town Attorney or Attorney for the Town or, if counsel
shall be disqualified or otherwise unable or unwilling to render an
opinion, from the New York State Comptroller with respect to the existence
of a conflict of interest.
C.
The confidentiality provisions of the Freedom of Information
Law (Public Officers Law § 84 et seq.) and the Open Meetings
Law (Public Officers Law § 100 et seq.) shall be deemed
to apply to any proceeding conducted pursuant to this chapter. The
results of any determination made by the Town Board or any other agency
of the Town shall be entered on the minutes of the Town Board or any
other agency of the Town.
D.
In any situation where a conflict exists, or where the Town Board or any other agency of the Town believes that it would be inappropriate for such officer or employee of the Town to participate or continue to participate in any such matter pending before it, or where an officer or employee of the Town has indicated that such officer or employee of the Town should recuse himself or herself from such action or where the Town Board or any other agency of the Town has refused to give consent as provided in § 29-3M. Such officer or employee of the Town shall not participate in any action with respect to such matter, application or proceeding pending before the Town Board or any other agency of the Town, but nothing contained herein shall prohibit such officer or employee of the Town from participating in any other matter pending before the Town Board or any other agency of the Town; provided, however, that nothing contained in this subsection shall be deemed to permit any party or person to participate in a contract with the Town Board or any other agency of the Town where a conflict of interest as defined in the General Municipal Law shall exist.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A copy of this Code of Ethics shall be posted
in the offices of the Town Board or any other agency of the Town and
distributed to each member upon appointment and to each officer, employee
and consultant upon appointment, hiring or retention, as the case
may be. 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, or the enforcement of provisions thereof.
A copy of this code shall be filed with all agencies as may be required
by law.
In addition to any penalty contained in any
other provisions 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.
