[HISTORY: Adopted by the Town Board of the Town of Hamlin 12-28-1970 (Ch. 10 of
the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 24.
This chapter shall be known and cited as the "Code of Ethics
of the Town of Hamlin."
[Amended 5-19-1987 by L.L. No. 3-1987]
The Town Board of the Town of Hamlin recognizes that there are
state statutory provisions 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 and 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 important system of local government.
It is the purpose of this chapter to implement this objective through
the establishment of standards of conduct and to provide for punishment
of violation of such standards.
As used in this chapter, the following terms shall have the
meanings indicated:
Any board, commission, district, council or other agency,
department or unit of the government of the Town of Hamlin.
Any officer or employee of the Town of Hamlin, whether paid
or unpaid, whether serving in a full-time, part-time or advisory capacity.
No person shall be deemed to be a Town employee solely by reason of
being a volunteer fireman or civil defense volunteer, except a fire
chief or assistant fire chief.
[Amended 5-19-1987 by L.L. No. 3-1987]
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflicts 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 to the extent that the same are more
severe in their application than this chapter.
No Town employee shall have any interest, financial or otherwise,
direct or indirect, or engage in any business or transaction or professional
activity or incur any obligation of any nature which is in substantial
conflict with the proper discharge of his duties in the public interest.
A.
No Town employee shall accept other employment which will impair
his independence of judgment in the exercise of his official duties.
B.
No Town employee shall accept employment or engage in any business
or professional activity which will require him to disclose confidential
information which he has gained by reason of his official position
or authority.
C.
No Town employee shall use or attempt to use his official position
to secure unwarranted privileges or exemptions for himself or others.
D.
No Town employee shall engage in any transaction as representative
or agent of the Town with any business entity in which he has a direct
or indirect financial interest that might reasonably tend to conflict
with the proper discharge of his official duties.
E.
A Town employee shall not, by his conduct, give reasonable basis
for the impression that any person can improperly influence him or
unduly enjoy his favor in the performance of his official duties or
that he is affected by the kinship, rank or influence of any party
or person.
F.
Each Town employee shall abstain from making personal investments
in enterprises which he has reason to believe may be directly involved
in decisions to be made by him or which will otherwise create substantial
conflict between his duty in the public interest and his private interest.
G.
Each Town employee shall endeavor to pursue a course of conduct which
will not raise suspicion among the public that he is likely to be
engaged in acts that are in violation of his trust.
H.
No Town employee employed on a full-time basis nor any firm or association
of which such employee is a member nor corporation a substantial portion
of the stock of which is owned or controlled, directly or indirectly,
by such employee shall sell goods or services to any person, firm,
corporation or association which is licensed or whose rates are fixed
by the Town in which such employee serves or is employed.
I.
No Town employee shall, directly or indirectly, solicit any gift
or accept or receive any gift having value of $75 or more, whether
in the form of money, service, loan, travel, entertainment, hospitality,
thing or promise or any other form, under circumstances in which it
could be reasonably inferred that the gift was intended to influence
him in the performance of his official duties or was intended as a
reward for any official action on his part.[1]
J.
To the extent that he knows thereof, a member of the Town Board and
any employee of the Town, whether paid or unpaid, who participates
in the discussion of or gives official opinion to the Town Board on
any legislation before said 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.
[Added 5-19-1987 by L.L. No. 3-1987]
K.
A Town employee shall not, after the termination of service or employment
with such municipality, appear before any board or agency of the Town
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.
[Added 5-19-1987 by L.L. No. 3-1987]
In addition to any penalty contained in any other provision
of law, any such Town employee who shall knowingly and intentionally
violate any of the provisions of this chapter may be fined, suspended
or removed from office or employment in the manner provided by law.[1]
[1]
Editor's Note: Original Art. IV, Board of Ethics, which
immediately followed this section, was deleted 5-19-1987 by L.L. No.
3-1987.
[Added 6-11-2001; amended 12-10-2007 by L.L. No. 14-2007]
A.
Establishment. There is hereby established a Board of Ethics to consist
of five members who shall serve without compensation.
B.
Appointment of members.
(1)
Nominating committee. The Town Board shall, within 60 days from the
effective date of this section, appoint a committee of not fewer than
seven residents to nominate, for consideration by the Town Board,
individuals to serve on the Board of Ethics. The Town Board shall
endeavor to select a committee of respected residents that is bipartisan
or nonpartisan. The nominating committee shall consist of an odd number
of members, but not fewer than three nor more than seven. The committee
shall submit a list of prospective candidates to the Town Board for
its consideration. The committee may nominate any number of individuals
for the Town Board's consideration, provided that such number
shall not be less than twice the number of vacancies to be filled.
Members of the committee shall be appointed annually.
(2)
Town
officer or employee member. The requirement set forth in § 808,
Subdivision 3, of the General Municipal Law that at least one member
of the Board of Ethics be an elected or appointed officer of the Town
shall not apply to the Board of Ethics. A Town officer or employee
is eligible to serve on the Board of Ethics, but there is no requirement
that the Board of Ethics include such an officer or employee as a
member.
C.
Terms of office of members first appointed. In the creation of a
new Board of Ethics, the appointment of members to the Board shall
be for terms so fixed that one member's term shall expire at
the end of the calendar year in which such members were initially
appointed. The remaining members' terms shall be so fixed that
one member's term shall expire at the end of each year thereafter.
At the expiration of each original member's appointment, the
replacement member shall be appointed for a term which will be equal
in years to the number of members of the Board. No individual shall
serve more than one five-year term, but an individual appointed for
less than a five-year term is eligible to serve one full five-year
term upon the expiration of his initial term.
D.
Vacancy in office. If a vacancy shall occur other than by expiration
of term, the Town Board shall appoint a new member for the balance
of the unexpired term. Such new member shall be elected from a list
of prospective candidates provided by the nominating committee.
E.
Powers and duties.
(1)
The
Board of Ethics shall have the powers and duties prescribed by Article
18 of the General Municipal Law and shall render advisory opinions
to the officers and employees of the Town of Hamlin with respect to
Article 18 of the General Municipal Law and the Code of Ethics of
the Town of Hamlin. The Town Board may direct specific requests for
advisory opinions to the Ethics Board.
(2)
The
Board may also, on its own initiative or on the initiative of its
own members, consider any complaint or allegation of conflict of interest
on the part of any officer or employee of the Town of Hamlin. All
such complaints or allegations are to be kept in the confidential
records of the Board. Should the Board determine that there is apparent
merit in the complaint or allegation, it shall send a written invitation
to the officer or employee so charged to appear at a private meeting
of the Board and explain the apparent conflict of interest. Should
such officer or employee fail to appear in response to such invitation
or should he appear and fail to satisfy the Board that there is no
conflict of interest, the Board shall send a written report on the
matter to the Town Supervisor. The report shall not be made public
except by the Town Supervisor or by the unanimous vote of the Town
Board.
(3)
In addition,
the Board may make recommendations with respect to the drafting and
adoption of amendments to the Code of Ethics of the Town of Hamlin.
F.
Meetings; rules and regulations; records. The Board shall hold an
annual organizational meeting, at which time the members shall elect
a Chairperson, and shall promulgate its own rules and regulations
as to its forms and procedures. Copies of all rules and regulations
promulgated by the Board and any and all amendments thereto which
may be adopted from time to time shall be filed with the Town Clerk.
The Board shall maintain a record of its opinions and proceedings.
A.
Upon the adoption of this chapter, the Town Supervisor shall cause
a copy thereof to be distributed to every Town employee of this Town.
Failure to distribute any such copy or failure of any Town employee
to receive such copy shall have no effect on the duty of compliance
with this code, nor the enforcement of provisions hereof.
B.
The Town Supervisor shall 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 of provisions
hereof.
C.
Within 30 days after the adoption of this chapter, the Town Clerk
shall file a copy thereof in the office of the State Comptroller.
