[HISTORY: Adopted by the Town Board of the
Town of Tuxedo as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-9-1970 by L.L. No. 4-1970]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Tuxedo
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 article to
promulgate these rules of ethical conduct for the officers and employees
of the Town of Tuxedo. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Tuxedo. The rules
of ethical conduct of this article, 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 article, the following terms
shall have the meanings indicated:
A pecuniary or material benefit accruing to a municipal officer
or employee, or his spouse or dependents, or any firm, partnership,
association or corporation in which such officer is a member, director,
employee, officer or major shareholder, unless the context otherwise
requires.
An officer or employee of the Town of Tuxedo, 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 engineer or assistant chief
engineer.
Every officer or employee of the Town of Tuxedo
shall be subject to and abide by the following standards of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift or accept or receive any gift having a value of $10 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 could reasonably be expected to influence him,
in the performance of his official duties or was intended as a reward
for any official action on his part.
B.
Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest or that of any person, association, corporation or partnership as enumerated in § 9-2.
C.
Representation before one's own agency. He 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 his municipality.
D.
Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Town Board and any officer
or employee of the Town of Tuxedo, whether paid or unpaid, who participates
in the discussion or gives 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 has in such legislation.
E.
Investments in conflict with official duties. He 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 official duties.
F.
Private employment. He 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 shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Town of Tuxedo 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 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 Tuxedo,
or any agency thereof, on behalf of himself or any member of his 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 Tuxedo shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the Town of Tuxedo within 10 days after the effective
date of this article. Each officer and employee elected or appointed
thereafter shall be furnished with a copy before entering upon the
duties of his office or employment.
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.
[Adopted 2-9-2009 by L.L. No. 2-2009[1]]
[1]
Editor’s Note: This local law also repealed former Art.
II, Board of Ethics, adopted 11-11-1970.
Advisory opinions, if needed, may be sought
from the Orange County Board of Ethics pursuant to Article 18 of the
General Municipal Law.
