Officers and employees of the Town of Amenia hold their positions
to serve and benefit the public and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Town Board recognizes that rules of
ethical conduct for public officers and employees must be observed
if a high degree of moral conduct is to be obtained and if public
faith and confidence is to be maintained in local government. The
Town of Amenia recognizes that, in furtherance of this fundamental
principle, there is a need for clear and reasonable standards of ethical
conduct. This Code of Ethics establishes those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Town Board of the Town of Amenia and any other administrative
board, commission, committee, or other agency or body of the Town
of Amenia comprised of two or more officers or employees (e.g., Planning
Board, Zoning Board of Appeals, Recreation Commission, Workforce Housing
Board, Board of Ethics).
CODE
This Code of Ethics.
INTEREST
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. An officer or employee is deemed to have
an interest in any private organization when he or she, his or her
spouse, or a member of his or her household is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
OFFICER or EMPLOYEE
A paid or unpaid officer or employee of the Town of Amenia,
including but not limited to the members of any board. "Officer and
employee" shall not include independent contractors engaged to provide
services, goods or materials to the Town.
RELATIVE
A spouse, parent, stepparent, sibling, child, stepchild,
or household member of an officer or employee, and individuals having
any of these relationships to the spouse of the officer or employee.
No officer or employee shall use his or her municipal position
or official powers and duties to secure a financial or material benefit
for himself or herself, a relative, or any private organization in
which he or she is deemed to have an interest.
No officer or employee, during his or her tenure as an officer
or employee, may engage in any private employment, including the rendition
of any business, commercial, professional or other types of services,
when the employment:
A. Can be reasonably expected to require more than sporadic recusal and abstention pursuant to §
15-6 of this code;
B. Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as an officer or employee;
C. Violates § 805-a(1)(c) or (d) of the General Municipal
Law; or
D. Requires representation of a person or organization other than the
Town in connection with litigation, negotiations or any other matter
to which the Town is a party.
This code shall not be construed as prohibiting an officer or
employee from:
A. Representing himself or herself, or his or her spouse or minor children,
before the Town; or
B. Asserting a claim against the Town on his or her own behalf or on
behalf of his or her spouse or minor children.
Except as otherwise required or expressly authorized by law,
or as expressly authorized by the Town Board:
A. No officer or employee, either individually or as a member of a board,
may participate in any decision specifically to appoint, hire, promote,
discipline or discharge a relative for any position at, for or within
the Town or a municipal board, except that this prohibition shall
not apply if the officer or employee who is being considered for promotion,
discipline or discharge was appointed or hired prior to the adoption
of this chapter.
B. No officer or employee may supervise a relative in the performance
of the relative's official powers or duties, except that this
prohibition shall not apply if the officer or employee who is being
supervised was appointed or hired prior to the adoption of this chapter.
C. Nothing in this section shall impair any rights that an eligible
civil service employee may have pursuant to the Civil Service Law.
No officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.