As a municipal officer or employee, your job by its very nature
places you in a position of public trust. You are responsible for
ensuring that public resources are used in the best interests of the
public. You also have a duty to use the limited public resources available
to you as effectively and efficiently as possible. When serving in
your public capacity, the interests of your municipality must come
before your own. In fact and appearance, your actions and interests
must be above reproach.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The governing board of a municipality and any municipal administrative
board (e.g., Planning Board, Zoning Board of Appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
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. A municipal 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.
MUNICIPALITY
The Town of Lloyd. The word "municipal" refers to the municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Town of Lloyd,
including, but not limited to, the members of any municipal board.
RELATIVE
A spouse, child, stepchild, parent, stepparent, brother-in-law,
sister-in-law, grandparent, grandchild, sibling, stepsibling, sibling's
spouse, uncle, aunt, nephew, niece, first cousin, or household member
of a municipal officer or employee, and individuals having any of
these relationships to the spouse of the officer or employee.
This Code of Ethics applies to the officers and employees of
the Town of Lloyd and shall supersede any prior municipal Code of
Ethics. The provisions of this Code of Ethics shall apply in addition
to all applicable state and local laws relating to conflicts of interest
and ethics, including, but not limited to, Article 18 of the General
Municipal Law and all rules, regulations, policies and procedures
of the Town of Lloyd.
No municipal 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 municipal officer or employee, during his or her tenure as
a municipal 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 §
10-6 of this code;
B. Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C. Violates § 805-a, Subdivision 1c or d, of the General Municipal
Law; or
D. Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A. Representing himself or herself or his or her spouse or minor children
before the municipality; or
B. Asserting a claim against the municipality on his or her own behalf
or on behalf of his or her spouse or minor children.
Except as otherwise required by law:
A. No municipal 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 municipality or a municipal board.
B. No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may use such information to further his or her personal
interests or disclose or use such information unless the disclosure
or use is required by law or is in the course of exercising or performing
his or her official powers and duties.
Municipal officials must attend periodic training, scheduled
by the Town Board, concerning the requirements of the Code of Ethics
and the procedure for seeking an opinion or investigation by the Board
of Ethics. Training may also be received at the annual Association
of Towns meeting. The Town Board may approve alternate training.
A member of a board or commission who is appointed by the Town
Board and serves without remuneration may submit a bid to propose
to perform paid work for the Town, provided that:
A. The procurement policy of the Town must be followed.
B. The job must be unrelated to the employee's duties as a board
or committee member.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.