This chapter shall be known and may be cited
as the "Code of Ethics of the Town of Rockland, New York."
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Rockland
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 Rockland. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Rockland. 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.
For the purposes of this chapter, unless the
context or subject matter otherwise requires, the following terms
shall have the following meanings:
INTEREST
A pecuniary or material benefit accruing to a municipal officer
or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Rockland 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 chief or assistant chief.
Every municipal officer or employee of the Town
of Rockland shall be subject to and abide by the following standards
of conduct:
A. Gifts. He or she shall not 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
B. Confidential information. He or she shall not disclose
confidential information acquired by him or her in the course of his
or her official duties or use such information to further his or her
personal interest.
C. Representation before one's own agency. He or 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 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. He or 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 agency of his or her municipality, whereby
his or her compensation 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.
E. Disclosure of interest in legislation. To the extent
that he or she knows thereof, a member of the Town Board and any officer
or employee of the Town of Rockland, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Town Board 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 or she has in such legislation.
F. Investments in conflict with official duties. He or
she shall not invest or hold any investment directly or indirectly
in any financial, business, commercial, or other private transaction,
which creates a conflict with his or her official duties.
G. Private employment. He or 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 or
her official duties.
H. Future employment. He or she shall not, after the
termination of service or employment with such municipality, appear
before any board or agency of the Town of Rockland, in relation to
any case, proceeding or application in which he or she personally
participated during the period of his or her service or employment
or which was under his or her active consideration.
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 Rockland,
or any agency thereof, on behalf of himself or herself or any member
of his or her family arising out of any personal injury or property
damage or for any lawful benefit authorized or permitted by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
The Supervisor of the Town of Rockland shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Town of Rockland 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 or her office or employment. 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, nor the enforcement
of provisions thereof.
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.