[HISTORY: Adopted by the Town Board of the Town of Pompey 6-9-1970 by L.L. No.
1-1970. Amendments noted where applicable.]
The Town Board of the Town of Pompey recognizes that there are
state statutory provisions mandating towns to establish rules and
standards of ethical conduct for public officers and employees which,
if observed, can enhance public confidence in local government. In
the light of a tendency today on the part of some people to downgrade
our local governments and to discredit our public servants and our
free institutions generally, it appears necessary that every effort
be made to assure the highest caliber of public administration of
this Town as part of our state's important system of local government.
It is the purpose of this chapter to implement this objective through
the establishment of standards of conduct, to provide for punishment
of violations of such standards and to create a Board of Ethics to
render advisory opinions to the Town's officers and employees
as provided for herein.
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflict of interest provisions
or procedures prescribed by statute of the State of New York and also
in addition to common law rules and judicial decisions relating to
the conduct of Town officers to the extent that the same are more
severe in their application than this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a Town employee as the result of a contract with the Town which
such employee serves. For the purposes of this chapter, a Town employee
shall be deemed to have an interest in the contract of his spouse,
minor children and dependents, except a contract of employment with
the municipality which such employee serves; a firm, partnership or
association of which such employee is a member or employee; a corporation
of which such employee is an officer, director or employee; and a
corporation any stock of which is owned or controlled directly or
indirectly by such employee.
[Added 12-4-1995 by L.L. No. 5-1995]
TOWN
Any board, commission, district, council or other agency,
department or unit of the government of the Town of Pompey.
TOWN EMPLOYEE
Any officer or employee of the Town of Pompey, whether paid
or unpaid, appointed or elected, or whether serving in a full-time,
part-time, advisory or voluntary capacity.
[Amended 10-4-2010 by L.L. No. 4-2010]
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 duties in the public interest.
[Amended 12-4-1995 by L.L. No. 5-1995]
In addition to the statutory requirements imposed
by Article 18 of the General Municipal Law, Town employees shall conform
to the following standards of conduct:
A. No Town employee shall accept other employment which will impair
his independence of judgment in the exercise of his official duties.
B. No Town employee shall accept employment or engage in any business
or professional activity which will require him to disclose confidential
information which he has gained by reason of his official position
or authority.
C. No Town employee shall use or attempt to use his official position
to secure unwarranted privileges or exemptions for himself or others.
D. No Town employee shall engage in any transaction as representative
or agent of the Town with any business entity in which he has a direct
or indirect financial interest that might reasonably tend to conflict
with the proper discharge of his official duties.
E. A Town employee shall not by his conduct give reasonable basis for
the impression that any person can improperly influence him or unduly
enjoy his favor in the performance of his official duties or that
he is affected by the kinship, rank, position or influence of any
party or person.
F. Each Town employee shall abstain from making personal investments
in enterprises which he has reason to believe may be directly involved
in decisions to be made by him or which will otherwise create substantial
conflict between his duty in the public interest and his private interest.
G. Each Town employee shall endeavor to pursue a course of conduct which
will not raise suspicion among the public that he is likely to be
engaged in acts that are in violation of his trust.
H. No Town employee employed on a full-time basis nor any firm or association
of which such employee is a member nor corporation a substantial portion
of the stock of which is owned or controlled directly or indirectly
by such employee shall sell goods or services to any person, firm,
corporation or association who or which is licensed or whose rates
are fixed by the Town in which such employee serves or is employed.
I. Each Town employee shall, to the extent that he is cognizant thereof,
disclose any interest he may have in legislation before the Town Board.
J. [This subsection only applies to full-time and part-time employees
as defined in Section IV of the Town of Pompey Employee Handbook.]
No Town employee, within two years after the termination of his service
or employment with the Town, shall accept employment which will involve
contacts with the Town which can work to his special advantage by
virtue of his prior contact and relationship with the Town.
[Amended 10-4-2010 by L.L. No. 4-2010]
K. No person who acts as a real estate broker or real estate salesperson
and who lists or sells real estate within the Town of Pompey at the
time of the election or appointment or within two years prior thereto
shall be or serve as a Tax Assessor or a member of the Tax Assessment
Review Board of the Town of Pompey.
[Added 5-12-1986 by L.L. No. 5-1986]
L. No person who is a member of any school board of any school district
or member of any board of commissioners of any fire district which
lies within the Town of Pompey or extends into any portion of the
Town of Pompey shall be or serve as a Tax Assessor or a member of
the Tax Assessment Review Board of the Town of Pompey.
[Added 5-12-1986 by L.L. No. 5-1986]
[Added 12-4-1995 by L.L. No. 5-1995]
Officers and employees of the Town of Pompey shall be subject
to the financial disclosure requirements of Article 18 of the General
Municipal Law.
In addition to any penalty contained in any other provision
of law, any such Town employee who shall knowingly and intentionally
violate any of the provisions of this chapter may be fined, suspended
or removed from office or employment in the manner provided by law.
[Amended 12-4-1995 by L.L. No. 5-1995]
There is hereby established a Board of Ethics consisting of
three members to be appointed by the Town Board, all of whom reside
in the Town of Pompey and who shall serve without compensation and
at the pleasure of the Town Board of the Town of Pompey. A majority
of such members shall be persons other than Town employees, but the
Board shall include at least one member who is an elected or appointed
Town employee of the Town of Pompey.
[Amended 10-4-2010 by L.L. No. 4-2010]
The Board of Ethics established hereunder 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.
Such opinions shall be on the advice of counsel employed by the Board
of Ethics or, if none, of the Town Attorney. In addition, the Board
of Ethics shall handle complaints of sexual or other harassment pursuant
to the authority and procedure set forth in the Town of Pompey Employee
Handbook.
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.
Upon the adoption of this chapter, the Town Supervisor shall
cause a copy thereof to be distributed to every Town employee of this
Town. Failure to distribute any such copy or failure of any Town employee
to receive such copy shall have no effect on the duty of compliance
with this chapter nor on the enforcement of provisions hereof. The
Town Supervisor shall further cause a copy of this chapter to be kept
posted conspicuously in each public building under the jurisdiction
of the Town. Failure to so post this chapter shall have no effect
on the duty of compliance herewith nor on the enforcement provisions
hereof.
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 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.