[HISTORY: Adopted by the Town Board of the
Town of Clinton 3-13-2001 by L.L. No. 1-2001, effective 3-30-2001;
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Subsequent amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Clinton,
Dutchess County, New York recognizes that there are rules of ethical
conduct for public officers, volunteers 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.
The proper operation of the Town government requires that its officers,
volunteers, employees, consultants, and members of a board, commission,
committee, council or agency be independent, impartial, objective,
unbiased and responsible to the people of the Town of Clinton; that
public office should not be used for personal gain; and that public
officers, volunteers, employees, consultants and members of a board,
commission, committee, council or agency maintain the highest standards
of integrity and discharge faithfully the duties of their office,
regardless of personal considerations. It is the purpose of this chapter
to promulgate these rules of ethical conduct for the officers, volunteers,
employees, consultants, and members of a board, commission, committee,
council or agency of the Town Board of the Town of Clinton. These
rules shall serve as a guide for official conduct of the officers,
volunteers, employees, consultants, and members of a board, commission,
committee, council or agency of the Town Board of the Town of Clinton.
The rules of ethical conduct of 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 person, paid or unpaid, providing advice to and at the
request of a municipal board, committee, commission, council or other
body.
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee or consultant. For the purposes
of this chapter, a municipal officer or employee or consultant shall
be deemed to have an interest in:
The contract of his spouse, minor children and
dependents, except a contract to employment with the municipality
which such officer, employee, or consultant serves;
A firm, partnership or association of which
such officer, employee, or consultant is a member or employee;
A corporation of which such officer, employee,
or consultant is an officer, a director or an employee; and
A corporation any stock of which is owned or
controlled directly or indirectly by such officer, employee, or consultant.
An officer, volunteer or employee of the Town Board of the
Town of Clinton, whether paid or unpaid, including 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.
Public officers, volunteers and employees are
agents of the public purpose and hold office for the benefit of the
public. Their conduct in both their official and private affairs should
be above reproach. Every officer, volunteer and employee, consultant,
member of a board, commission, committee, council or agency of the
Town of Clinton shall be subject to and abide by the following standards
of conduct:
A.
Gifts. No officer, volunteer, employee, consultant,
member of a board, commission, committee, council or agency 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,
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 her in
the performance of his or her official duties or was intended as a
reward for any official action on his or her part. The recipient of
any such gift or gratuity shall immediately return the same to the
giver and shall notify the Town Board, in writing, of the occurrence.
B.
Confidential information. No officer, volunteer, employee,
consultant, member of a board, commission, committee, council or agency
of the Town shall disclose confidential information acquired by him
or her in the course of his/her duties or use such information to
further his or her personal interests or the private interest of others.
C.
Representation before one's own agency. No officer,
employee, consultant, member of a board, commission, committee, council
or agency shall receive compensation or enter into any agreement,
express or implied, for compensation for services to be rendered in
relation to any matter before any municipal board, commission, committee,
council or agency of which he or she is an officer, member or employee,
or of any municipal agency over which he or she has jurisdiction,
or to which he or she has the power to appoint any member, officer
or employee.
D.
Representation before any agency for a contingent
fee. No officer or employee shall receive compensation or enter into
any agreement, express or implied, for compensation for services to
be rendered in relation to any matter before any board, commission,
committee, council or agency of the Town, whereby his compensation
is to be dependent or contingent upon any action by such board, commission,
committee, council 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 and recusal. If any Town officer,
volunteer, employee, consultant, or member of a board, commission,
committee, council or agency has a potential or actual conflict of
interest in any matter which he or she encounters in the performance
of his or her official Town duties, he or she shall make known to
all concerned parties the nature of such conflict and shall refrain
from voting or otherwise acting in the matter so as to avoid an actual
conflict. In all cases of potential or actual conflict, the Town Board
shall be made aware of the situation by the person in conflict; the
nature of this conflict shall be made clear on a form provided by
the Town Clerk, as annexed to this chapter, or on another piece of
paper having substantially the same consent. This disclosure shall
be made part of the official record, and a copy of this filed form
shall be kept in a separate place by the Town Clerk for the public
record.
F.
Investments in conflict with official duties or employment.
Officers of the Town, volunteers, employees, consultants and members
of their immediate families cannot invest or hold interest in any
financial, business, commercial, real estate, or any private transaction
which creates a conflict of interest with their duties as officers,
volunteers or employees of the Town. If such an investment or interest
becomes apparent after they have assumed office or employment, they
must recuse themselves.
G.
Private employment. Officers of the Town, volunteers
and employees cannot ask or negotiate for, or promise to accept, employment
from private interests or parties when this employment is in conflict
with or hinders the proper discharge of their duties.
H.
Future employment. After leaving service or employment
for the Town of Clinton, former officers, volunteers and employees
cannot appear before any board or agency of the Town in matters that
relate to a proceeding or application that was under their consideration
while they were active officers, volunteers or employees.
There is nothing in this ethics code that bars
a present or former officer, volunteer or employee of the Town of
Clinton from filing a claim, asking for payment, demanding or suing
the Town or any of its agencies for himself or herself or members
of his/her family for personal injury, property damage or monetary
damages, as he or she may be otherwise entitled by law.
The Town Clerk is responsible for the distribution
of a copy of this ethics code to every officer, volunteer and employee
of the Town within 20 days after the code's adoption (initial or revised)
by the Town Board. Thereafter, the Town Clerk will furnish every new
officer with a copy of this code before he or she begins his/her duties,
and the Town Supervisor or Highway Superintendent will furnish every
new employee with a copy of this code before he or she begins his/her
duties. The failure to receive a copy of the code does not relieve
a municipal officer, volunteer, employee, or consultant from compliance
with the provisions of this code.
In addition to any penalty contained in any
other provision of law, any person who shall knowingly and intentionally
violate any provision of this code shall be guilty of misconduct and
may be disciplined, suspended, or otherwise removed from office or
employment in the manner provided by the laws of the State of New
York. A Town offense is considered a violation and will be enforced
by the Town Board and prosecuted by the Town Attorney.
