The Town Board of the Town of Champlain does hereby establish
the following standards of conduct for officers and employees of the
Town of Champlain.
Pursuant to the provisions of § 806 of the General
Municipal Law, the members of the Town Board of the Town of Champlain
recognize 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 Champlain. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Champlain. 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.
[Amended 3-11-1986 by L.L. No. 1-1986]
As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
An officer or employee of the Town of Champlain, 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 Fire Chief or Assistant Fire
Chief.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as a result of a contract with
the municipality which such officer or employee serves.
Every officer or employee of the Town of Champlain 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 $25 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 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.
C. Representation before one's own agency. He shall not receive
or enter into any agreement for, express or implied, 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 member, officer or employee.
D. Representation before any agency for a contingent fee. He shall not
receive or enter into any agreement for, express or implied, compensation
for services to be rendered in relation to any matter before any agency
of his municipality, 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 the services rendered.
E. 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 Champlain, whether paid or unpaid, who participates in
the discussion or gives an 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.
F. 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.
G. 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.
H. 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 Champlain 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 Champlain 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.
[Amended 3-11-1986 by L.L. No. 1-1986]
The Supervisor of the Town of Champlain shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Town within 20 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 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 code, nor the enforcement of the 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 Code of Ethics may be fined, suspended or
removed from office or employment, as the case may be, in the manner
provided by law.