The purpose of this chapter is to establish minimum standards of conduct
to help ensure that the business of government is free from improper influence
which may result in opportunities for private gain. The Town of Haverstraw
recognizes that public officials must exercise their official duties solely
in the public interest and must therefore avoid even the appearance of conflict
of interest. The standards and guidelines set forth in this chapter are intended
to minimize unwarranted suspicion and to avoid potential conflicts of interest
before they arise. Notwithstanding any specific omission in this chapter,
it is the responsibility of public officials to come forward with information
regarding personal involvement in matters before the Town and to avoid associations
or actions that may interfere with the proper discharge of their public duties.
Officials, employees, their spouse/equivalents or any person or entity
acting on their behalf may not solicit or accept monetary gifts or loans of
any amount or promise thereof, or any gift(s) including services, entertainment,
thing or promise thereof, having a value of $100 or more, from any person
or agent of a person, corporation, partnership, unincorporated association
or other entity who the official or employee knows is considering or has had,
within the previous 12 months, any business dealing with the Town of Haverstraw
that involves any discretionary act by the official or employee.
Except as required by law, officials and employees may not disclose
confidential information acquired during the course of their official duties
or use such information to her their personal interests or the personal interests
of their families.
Any person who intentionally induces or attempts to induce any official
or employee to take any action or refrain from taking any action, which action
or inaction violates any provision of this chapter, shall be guilty of a Class
A misdemeanor and shall be barred from doing business with the Town of Haverstraw
for a period of five years.
Nothing herein shall be deemed to bar the timely filing by a present
or former official or employee of any claim, demand or suit against the town
on behalf of him/herself or his/her family arising out of any personal injury
or property damage or for any lawful benefit or from receiving a municipal
service or benefit that is generally available to the public.
Violations of this chapter will be a Class A misdemeanor, subject to
the penalties provided in § 813 of the General Municipal Law, including
forfeiture of office or employment and liability for all damages and fines.
A person subject to this chapter found for the first time to be in violation
of its terms by reason of failing to file or make a required disclosure statement
shall be subject to a maximum civil penalty of $500 or a maximum criminal
fine of $500 to be imposed by either the Ethics Board or a court of competent
jurisdiction. Any such person found for the second time to be in violation
of the terms of this chapter by reason of failing to file or make a required
disclosure statement shall be subject to a maximum civil penalty of $10,000
or a maximum criminal fine of not more than $10,000.
If any provision of this chapter is held by a court of competent jurisdiction
to be invalid, that decision shall not affect the validity and effectiveness
of the remaining provisions of this chapter.
This chapter shall take effect immediately after it has been filed with
the New York State Temporary Commission on Local Government Ethics and with
the Secretary of State.