[HISTORY: Adopted by the Town Board of the Town of Italy 5-14-1996 by L.L. No. 1-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 18.
A. 
The Town Board of the Town of Italy recognizes that there are state statutory provisions contained in Article 18 of the General Municipal Law 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, 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 system of local government. It is the purpose of this chapter to implement this objective through the establishment of standards of conduct for use by the officers and employees of the Town of Italy.
B. 
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 and employees to the extent that the same are more severe in their application than this chapter.
C. 
Short title. This chapter shall be known as the "Ethics and Disclosure Law of the Town of Italy."
A. 
As used in this chapter, the following words shall have the meanings indicated:
INTEREST
Any interest, whether direct or indirect, financial, material or otherwise, that results from a contract, business or professional transaction or any transaction with the Town of Italy and accruing to:
(1) 
A Town officer or employee, his or her spouse, children, stepchildren or dependents, parent, grandparent, brother, sister, brother-in-law or sister-in-law;
(2) 
A firm, partnership or association of which a Town officer or employee is a member or employee;
(3) 
A corporation of which such Town officer or employee is an officer, director or employee; or
(4) 
A corporation, any stock of which is accrued or controlled directly or indirectly by such Town officer or employee.
TOWN
Any board, commission, district, council or other agency, department or unit of the government of the Town of Italy.
TOWN OFFICER OR EMPLOYEE
Any officer, employee, official or board member of the Town of Italy, whether paid or unpaid, elective or appointive, part-time, full-time or in an advisory capacity. 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 chief engineer or assistant chief engineer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Wherever words or terms are not defined herein, they shall have the meanings set forth in Article 18 of the General Municipal Law, unless otherwise expressly stated or unless the context otherwise requires.
Every officer and/or employee of the Town of Italy shall be subject to and abide by the following standards of conduct:
A. 
No Town officer or employee, acting in his or her official capacity, shall take action or participate in any manner whatsoever with respect to the discussion, negotiation or awarding of any contract or in any business or professional dealings with the Town when the officer or employee has, or will have, an interest in such contract, business or professional dealing.
B. 
No Town officer or employee shall engage in any transaction as a representative or agent of the Town with any business entity in which he or she has a financial interest that might reasonably tend to conflict with the proper discharge of his or her official duties as such Town officer or employee.
C. 
No Town officer or employee shall invest or hold any investment in any financial, business, commercial or other private enterprise which creates a conflict with his or her official duties.
D. 
No Town officer or employee shall engage in, solicit, negotiate for or promise to accept private employment or render services for his or her personal benefit when such employment or services creates a conflict or impairs the proper discharge of his or her official duties.
E. 
No Town officer or employee shall receive or enter into any agreement, express or implied, for receipt of 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 officer, member or employee.
F. 
No Town officer or employee shall receive or enter into any agreement, express or implied, for receipt of compensation for services to be rendered in relation to any matter before any agency of the Town, 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.
G. 
No Town officer or employee shall, directly or indirectly, solicit any gifts, or accept or receive any gift, whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other form, from any person, firm or corporation, which to his or her knowledge, is interested, directly or indirectly, in any matter or business dealings with the Town, nor shall he or she accept any gift under circumstances in which it could reasonably be inferred that the gift was intended to influence that Town officer or employee, or could reasonably be expected to influence that Town officer or employee, in the performance of his or her official duties, or was intended as a reward for any official duties, or was intended as a reward for any official action on his or her part. The receipt of a gift or gifts by any such Town officer or employee, the aggregate value of which is $75 or less in any calendar year, shall be presumed not to have been received or accepted as any such reward or for any such influence.
[Amended 8-11-2011 by L.L. No. 1-2011]
H. 
No Town officer or employee shall by his or her conduct give reasonable basis for the impression that any person can improperly influence him or her or unduly enjoy his or her favor in the performance of his or her official duties, or that he or she is affected by the kinship, rank, position or influence of any party or person.
I. 
No Town officer or employee shall use or attempt to use his or her official position to secure unwarranted privileges or exemptions for themselves or others.
J. 
Each Town officer or employee shall endeavor to pursue a course of conduct which shall not raise suspicion with the public that he or she is likely to be engaged in acts that are in violation of his or her trust or create any appearance of impropriety.
K. 
Each Town officer or employee shall abstain from making personal investments in enterprises which he or she has reason to believe may be directly involved in decisions to be made by him or her or which will otherwise create substantial conflict between his or her duty and the public interest and his or her private interest.
A. 
Each Town officer or employee shall, to the extent that he or she is cognizant thereof, disclose any interest he or she may have in legislation or other business before the Town Board.
B. 
To the extent that he or she knows thereof, each Town officer or employee who participates in the discussion or gives official opinion to the Town Board on any legislation or other business before the Town Board, or who has an interest in any action of the legislative body, or who participates in the discussion or gives official opinion of any official board, agency, officer or employee on any matters being considered by any such official board, agency, officer or employee, shall publicly disclose on the record the nature and extent of any interest he or she has in such legislation or other business, or in any action of the legislative body or in such matters being considered by any official board, agency, officer or employee, as the case may be.
A. 
No Town officer or employee shall disclose confidential information acquired in the course of his or her official duties or use such information to further his or her personal interest.
B. 
No Town officer or employee shall accept employment or engage in any business or provisional activity which will require him or her to disclose confidential information which he or she has gained by reason of his or her official position or authority.
C. 
After the termination of service or employment with the Town, former Town officers or employees shall not appear before any board or agency of the Town in relation to any case, proceeding or application in which he or she personally participated on behalf of the Town during the period of his or her service or employment, or which was under his or her active consideration, unless specifically so requested by the Town.
No Town officer or employee shall request or permit the use of Town-owned vehicles, equipment, materials or property for personal convenience, gain or profit of himself, herself or any other person, except, however, when such property, vehicles, equipment, material or services are available to the public generally, or which are provided as a matter of Town policy for the use of officers or employees in the conduct of their official business.
[Amended 7-10-2014 by L.L. No. 2-2014]
Public officers and employees of the Town of Italy are prohibited from soliciting support, monetary or otherwise, for any political candidate on Town Hall and Town Highway Department property.
A. 
The Town Supervisor shall cause a copy of this chapter to be distributed to every officer and employee of the Town within 14 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 for employment or service.
B. 
Failure to distribute any such copy or failure of any Town officer or employee to receive such copy shall have no effect on the duty of compliance with this code, nor the enforcement of the provisions hereof.
C. 
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 the enforcement provisions hereof.
A. 
Every Town officer and employee is required to attest on an annual basis that he has reviewed and understands the Code of Ethics of the Town of Italy and that he or she is not in violation of any provision of the code. Such attestation shall be made on or before the first day of April of each year.
B. 
Newly appointed or elected officials or employees whose duties commence after the annual April 1 filing deadline will be required to submit an attestation that he or she has reviewed and understands the Code of Ethics of the Town of Italy and that he or she is not in violation of any provision of the code within 45 days after the commencement of their duties.
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former Town officer or employee of any claim, account, demand or suit against the Town, 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.
No separate Ethics Board shall be established by the Town. All possible violations of this chapter shall be reviewed and determined by the Town Board.
A. 
If any Town officer or employee refuses or fails, either unknowingly or intentionally, to file a statement as required by this chapter, the Town Clerk will notify the Town Board that said individual has not filed a statement. Upon such notification, the Town Board may suspend the official or employee without pay (if compensated). In addition, the officer or employee shall also be notified by certified mail that no statement has been filed.
B. 
Once a statement has been filed, the Town Clerk will promptly notify the Town Board that the officer or employee has complied with the filing requirement of this chapter. The Town Board shall reinstate the officer or employee and release all monies withheld.
C. 
Any person who shall knowingly and intentionally violate any of the provisions of this chapter may be suspended or removed from office or employment, as the case may be, in the manner provided by law.
D. 
Nothing in this section will be construed as precluding the prosecution of Town officers or employees for violations of any offense, criminal or civil, pursuant to the law, ordinances or statutes of the State of New York, nor the review of any action taken by the Town Board under Article 78 of the Civil Practice Law and Rules.