[HISTORY: Adopted by the Town Board of the
Town of Richmond 10-6-1970 by L.L. No. 1-1970; amended in its entirety 9-12-2006 by L.L. No. 1-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 19.
This chapter shall be known as the "Richmond Code of Ethics
Local Law."
Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Richmond 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 Richmond. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Richmond. The
rules of ethical conduct of this chapter, as adopted, 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 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 purpose
of this chapter, a municipal officer or employee shall be deemed to
have an "interest" in the contract of his or her 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 officer or employee of the Town of Richmond, 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, except a Fire Chief or Assistant Fire
Chief.
Any board, commission, district, council or other agency,
department or unit of the government of the Town of Richmond.
Any officer or employee of the Town of Richmond, whether
paid or unpaid and whether serving in a full-time, part-time or advisory
capacity.
No Town employee shall have any interest, financial or otherwise,
direct or indirect, or engage in any business or transaction or professional
activity or incur any obligation of any nature which is in substantial
conflict with the proper discharge of his/her duties in the public
interest.
Every officer, employee, or appointee of the Town of Richmond
shall be subject to and abide by the following standards of conduct:
A.
Gifts. He/she shall not, directly or indirectly, solicit any gift
or accept or receive any gift having a value as set forth in § 805-a
of the General Municipal Law, 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/her or could reasonably
be expected to influence him/her in the performance of his/her official
duties or was intended as a reward for any official action on his/her
part.
B.
Confidential information, he/she shall not disclose confidential
information acquired by him/her in the course of his/her official
duties or use such information to further his/her personal interest.
C.
Representation before Town Board or agency. He/she shall not receive
or enter into any agreement, express or implied, for compensation
for services to be rendered in relation to any matter before any municipal
board, court or agency over which he/she has jurisdiction or to which
he/she has the power to appoint any member, officer or employee.
D.
Disclosure of interest in legislation. To the extent that he/she
knows thereof, a member of the Town Board and any officer or employee
of the Town of Richmond, whether paid or unpaid, who participates
in the discussion or gives an official opinion to the Town Board on
any legislation before the Town Board shall publicly disclose on the
official record the nature and extent of any direct or indirect financial
or other private interest he/she has in such legislation.
E.
Investments in conflict with official duties. He/she shall not invest
or hold any investment, directly or indirectly, in any financial,
business or commercial or other private transaction, which creates
a conflict with his official duties.
F.
Private employment. He/she shall not 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 his official duties.
G.
Future employment. He/she shall not, after the termination of service
or employment with such municipality, appear before any board or agency
in the Town of Richmond in relation to any case proceeding or application
in which he personally participated during the period of his service
or employment or which was under his/her active consideration.
H.
Obligations to citizens. No officer or employee of the Town of Richmond
shall use or attempt to use his official position to secure unwarranted
privileges or exemptions for themselves or others or grant special
consideration, treatment or advantage to any citizen beyond that which
is available to every other citizen. An officer or employee of the
Town of Richmond should not by their conduct give reasonable basis
for the impression that any person can unduly influence them or improperly
enjoy their favor in the performance of their official duties or that
they are affected by the kinship, rank, position or influence of any
party or person.
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 Richmond, or any
agency thereof, on behalf of himself/herself or any member of his/her
family arising out of any personal injury or property damage or for
any lawful benefit authorized or permitted by law.
The Supervisor of the Town of Richmond shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Town within 30 days after the effective date of this chapter.
Each officer and employee elected or appointed thereafter shall be
furnished a copy before entering upon the duties of his office or
employment. Failure to distribute any copy of the Code of Ethics or
failure of any officer or employee to receive any such copy shall
have no effect on the duty of compliance with such code, nor the enforcement
of the provisions thereof, pursuant to Subdivision 2 of § 806
of the General Municipal Law.
In addition to any penalty contained in any other provision
of law, any elected or appointed officer of the Town or employee of
the Town who shall knowingly and intentionally violate any of the
provisions of this chapter shall be guilty of a class B misdemeanor
and may be fined, incarcerated, or both. In addition, such person
may be suspended or removed from office or employment.
A.
This section is enacted pursuant to the authority of Chapter 365
of the Laws of 1976 which added a new Subparagraph (3) to Paragraph
d of Subdivision 1 of § 10 of the Municipal Home Rule Law
authorizing a Town to adopt a local law which amends or supersedes
any provision of the Town Law in relation to the property, affairs
or government of the Town or in relation to any of the other enumerated
subject matters in such § 10, unless there is a state legislative
restriction on such amendment or supersession. It is the intent of
the Richmond Town Board to supersede the General Municipal Law as
it relates to the composition of the local Board of Ethics.
B.
There is hereby established a Board of Ethics consisting of three
members, all of whom are to be residents of the Town of Richmond,
to be appointed by the Town Board of the Town of Richmond. The members
of the Board of Ethics shall serve without compensation for a three
year term of office. The terms of members of the board shall be so
fixed that one term shall expire at the end of each calendar year,
(i.e., member one appointed for one year; member two appointed for
two years; member three appointed for three years). If any vacancy
shall occur other than by expiration of the term, it shall be filled
by the Town Board by appointment for the unexpired term. All such
members shall be persons other than officers and employees of the
Town of Richmond.
C.
The Board of Ethics establish hereunder shall have the powers and
duties prescribed by Article 18 of the General Municipal Law and shall
render advisory opinions to Town employees on written request and,
upon request of the Town Board, make recommendations to such Town
Board as to any amendments of this chapter. The opinions of the Board
of Ethics shall be advisory and confidential and in no event shall
the identity of the Town employee be disclosed except to authorized
persons and agencies, or upon consent. Such opinions shall be on the
advice of counsel employed by the Board of Ethics or, if none, of
the Town Attorney.
D.
Such Board of Ethics upon its formation shall promulgate its own
rules and regulations as to its form and procedures and shall maintain
appropriate records of its opinions and proceedings.
Within 30 days of the adoption of this chapter, the Town Clerk
shall file a copy thereof in the office of the State Comptroller.
The Town Board may appropriate moneys from the general Town
funds for the maintenance and expenses of and for personnel services
to the Board of Ethics established hereunder, but such Board of Ethics
may not commit the expenditure of Town moneys except within the appropriations
provided herein.
