Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Eaton 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 Eaton. These rules shall serve as a guide for official conduct
of the officers and employees of the Town of Eaton. 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.
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 municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
A.
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves.
B.
A firm, partnership or association of which such officer or
employee is a member or employee.
C.
A corporation of which such officer or employee is an officer,
director or employee.
D.
A corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Eaton 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 when acting as a Fire Chief or
Assistant Fire Chief.
Every officer or employee of the Town of Eaton shall be subject
to and abide by the following standards of conduct:
A. Gifts.
No officer or employee shall directly or indirectly solicit 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 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. No officer or employee shall disclose confidential information
acquired by him in the course of his official duties or use such information
to advance the financial or private interest of himself or others.
C. Representation
before one's own agency. No officer or employee shall 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 is an officer, member or employee or of any municipal
agency over which he has jurisdiction or to which he has the power
to appoint any officer, member or employee.
D. Representation
before any agency for a contingent fee. No officer or employee shall
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 whereby his 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 services rendered.
E. Disclosure
of interest in legislation. Any officer or employee who participates
in or gives official opinion to the Town Board on any legislation
shall publicly disclose on the official record the nature and extent
of any direct or indirect financial or private interest he may have
in such legislation.
F. Investments
in conflict with official duties. No officer or employee shall 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.
G. Private
employment. No officer or employee shall 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.
H. Future
employment. No officer or employee shall, after the termination of
service or employment with such municipality, appear before any board
or agency of the Town of Eaton 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 officer or employee of any claim, account,
demand or suit against the Town of Eaton 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 Eaton shall cause a copy of this
chapter to be distributed to every officer and employee of the Town
of Eaton within 30 days after the effective date of this chapter.
Each officer and employee elected, appointed or hired thereafter shall
be furnished a copy before entering upon the duties of his 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 chapter 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 chapter may be fined, suspended or removed
from office employment as the case may be, in the manner provided
by law.