[HISTORY: Adopted by the Town Board of the
Town of Cobleskill 6-10-1991; amended 11-13-2001. Subsequent amendments noted where applicable.]
The purpose of this chapter is to create the
Town of Cobleskill Ethics Code in compliance with Article 18 of the
New York State General Municipal Law. The citizenry of the Town of
Cobleskill are entitled to the expectation of exemplary ethical behavior
from their Town officers, employees and appointed officials, and this
chapter is intended to create minimum standards which constitute that
behavior. This chapter recognizes that financial disclosure is not
required as this municipality has less than 50,000 population and
that any future requirements of disclosure in pursuit of official
integrity must be balanced against individual constitutional rights.
Any particulars not determined by this chapter shall be construed
within the provisions of General Municipal Law Article 18.
Unless otherwise indicated, the following terms
shall be defined as such for the purpose of the Town of Cobleskill's
Code of Ethics:
- AGENCY
- Any of the division of Town government, referred to in the definition of “Town” of this section.
- APPROPRIATE BODY
- Pursuant to Article 18 of the General Municipal Law means the Town Board of the Town of Cobleskill.
- CHIEF ELECTED OFFICIAL
- For the purpose of interpreting this chapter only, the Town Supervisor or his or her designee.
- CHILD
- Any son, daughter, stepson or stepdaughter of a Town officer, employee, or appointed official if such child is under the age of 18 or is a dependent of the officer, employee, or appointed official as defined in the Internal Revenue Code Section 152(a)(1) and (2) and any amendments thereto.
- INTEREST
- A direct or indirect pecuniary or material interest accruing to a Town officer, employee, or appointed official, his or her spouse or child, whether as the result of a contract with the Town of otherwise. For the purpose of this chapter, a Town officer, employee or appointed official shall be deemed to have an interest in the contract of: his/her spouse and children, except a contract of employment with the Town; a firm, partnership or association of which such officer, employee or appointed official or his/her spouse or child is a member or employee; a corporation of which such officer, employee or appointed official or his/her spouse or child is an officer or director; and the outstanding capital stock of a corporation which is owned by an officer, employee or appointed official or his/her spouse or child.
- JURISDICTION
- Having authority, capacity, power or right to act with regard to the management and administration of policy and supervision of personnel of the Town "agency," as defined above, in which he/she is an officer, employee or appointed "official," as defined above.
- LEGISLATION
- A matter which appears upon the calendar of agenda of the Town Board of Cobleskill or upon a committee thereof upon which any official action has been taken and shall include adopted acts, local law, ordinances, or resolutions.
- OFFICER OR EMPLOYEE
- Any officer of employee of the Town of Cobleskill and any elected officials, appointed officials, and heads of any agency, institution, department, office, branch, division, council, commission, board or bureau of the Town of Cobleskill whether unpaid or paid. No person shall be deemed to be a Town officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a fire chief or assistant fire chief.[1]
- RELATIVE
- A spouse, child or parent of a Town officer, employee, or appointed official.
- SPOUSE
- The husband or wife of an officer, employee, or appointed official subject to the provisions of this chapter unless legally separated from such officer, employee, or appointed official.
- TOWN
- The Town of Cobleskill or any department, board, executive division, institution, office, branch, bureau, commission, agency, or other division or part thereof.
A.
Prohibited activities. It is the policy of the Town Board of the Town of Cobleskill that all officers and employees must avoid conflicts of interest. A conflict or a potential conflict exists whenever an officer, employee or their relative (as defined above in § 12-2) has an interest, direct or indirect, which conflicts with their duty to the Town or which could adversely affect an individual's judgment in the discharge of his or her responsibilities. No officer, employee or their relatives shall:
(1)
Take action or participate in any manner whatsoever
in his or her official capacity in the discussion, negotiation or
the awarding of any contract or in any business or professional dealings
with the Town of Cobleskill or any agency thereof in which the official
or employee has or will have an interest, direct or indirect, in such
contract or professional dealings.
(2)
Engage in, solicit, negotiate for or promise to accept
private employment or render services for his or her personal benefit
when such employment or service creates a conflict or impairs the
proper discharge of his or her official duties.
(3)
Solicit, directly or indirectly, any gifts, or receive
or accept any gift having the value of $25 or more, whether in the
form of money, services, loan, travel, entertainment, hospitality,
thing or promise, or in any other form, under circumstances in which
it could be reasonably inferred that the gift was intended to influence
him or her, or could reasonably be expected 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.
(4)
Disclose confidential financial information acquired
in the course of his or her official duties or use such information
to further his or her personal interest.
(5)
Take action on a matter before the Town or any instrumentality
thereof when, to his or her knowledge, the performance of that action
would provide a pecuniary or material benefit to himself or herself.
A.
Any officer or their relative who has, will have or
intends to acquire a direct or indirect interest in any matter being
considered by the Town Board of Cobleskill or by any other official,
board, agency, officer or employee of the Town of Cobleskill, and
who participates in the discussion before or who gives an opinion
or gives advice to any board, agency, or individual considering the
same, shall publicly disclose on the official record the nature and
extent of such interest.
B.
Any officer or employee of the Town of Cobleskill,
or their relative, who has knowledge of any matter being considered
by any board, agency, officer or employee of the Town of Cobleskill
in which he or she has or will have or intends to acquire any direct
or indirect interest, shall immediately disclose, in writing, his
or her interest to such board, agency, officer or employee, and the
nature and the extent thereof, to the degree that such disclosure
gives substantial notice of any potential conflict of interest.
C.
Being a municipality of less than 50,000 population,
financial disclosure is not required of any position in the Town of
Cobleskill.
A.
Every newly elected official, not reelected official,
of the Town shall no later than January 31 following the November
election at which he or she was elected, or within 30 days of taking
office if a special election be held, shall be required to attest
that he or she has reviewed the Code of Ethics of the Town of Cobleskill,
with said attestation to be filed with the Town Clerk.
B.
Every newly hired employee or newly appointed official
shall, prior to commencement of his or her employment or duties with
the Town of Cobleskill, but in no event later than 30 days from commencement
of his or her employment or duties, shall be required to attest that
he or she has reviewed the Code of Ethics of the Town of Cobleskill,
with said attestation to be filed with the Town Clerk.
The various elements of the Town of Cobleskill's
Code of Ethics are explicitly intended to be construed within the
application of Article 18 of the New York State General Municipal
Law. Should any portion of this chapter be determined to be unconstitutional
or improper, said determination shall have no bearing on the severable
remainder of this chapter.
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 Code may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
The Town Clerk shall distribute a copy of this
Code of Ethics to every officer and employee of the Town of Cobleskill
within 10 days after the effective date of this chapter. Each officer
elected or appointed thereafter shall be furnished a copy of this
chapter by the Town Clerk. Each employee shall be furnished a copy
of the Code of Ethics by the department head of the particular department
within which such person is employed.
This chapter shall take effect June 10, 1991,
and amended November 13, 2001.
