[Adopted 3-13-2012 by L.L. No. 2-2012]
The purpose of this article is to enact a Code of Ethics to
promulgate rules of ethical conduct for officers and employees of
the Town which shall serve as a guide for the official conduct of
the officers and employees of the Town, and to establish a Board of
Ethics having duties and powers as prescribed by Article 18 of the
General Municipal Law of the State of New York, and to render advisory
opinions to the officers and employees of the Town with respect to
the Code of Ethics, and Article 18 of the General Municipal Law. This
article 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 interests in contracts
of municipal officers and employees.
A.
INTEREST
(1)
(2)
(3)
(4)
TOWN
TOWN OFFICER OR EMPLOYEE
As used in this article, the following words shall have the meanings
indicated:
Any interest, whether direct or indirect, financial, material
or otherwise, that results from a contract, business or professional
transaction or any transaction with the Town of Highland and accruing
to:
A Town officer or employee, his spouse, children, stepchildren,
or dependents, parent, grandparent, brother, sister, brother-in-law
or sister-in-law;
A firm, partnership or association of which a Town officer or
employee is a member or employee:
A corporation of which such Town officer or employee is an officer,
director or employee;
A corporation, any stock of which is accrued or controlled directly
or indirectly by such Town officer or employee.
Any board, commission, district, council or other agency,
department or unit of the government of the Town of Highland.
Any officer or employee of the Town of Highland, whether
paid or unpaid, part-time, full-time or in an advisory capacity. No
person shall be deemed to be a Town officer or employee solely by
reason of being a volunteer fireman or civil defense volunteer.
B.
Wherever words or terms are not defined herein, they shall have the
meanings set forth in Article 18 of the General Municipal Law, unless
otherwise expressly stated or unless the context otherwise requires.
A.
Every officer or employee of the Town of Highland shall be subject
to and abide by the following standards of conduct:
(1)
No Town officer or employee, acting in his official capacity, shall
take action or participate in any manner whatsoever in the discussion,
negotiation or awarding of any contract or in any business or professional
dealings with the town which the officer or employee has, or will
have, an interest in such contract or business or professional dealing.
(2)
No Town officer or employee shall engage in any transaction as a
representative or agent of the Town with any business entity in which
he has a conflict with the proper discharge of his official duties.
(3)
No Town officer or employee shall invest or hold any investment in
any financial, business, commercial or other private transaction,
which creates a conflict with his official duties.
(4)
No Town officer or employee shall engage in, solicit, negotiate for
or promise to accept private employment or render services for his
personal benefit when such employment or services creates a conflict
or impairs the proper discharge of his official duties.
(5)
No Town 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.
(6)
No Town 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 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.
(7)
No Town officer or employee shall, directly or indirectly, solicit
any gifts, or accept or receive any gift having a value of $75 or
more, whether in the form of money, services, loan, travel, entertainment,
hospitality, promise or any other form, from any person, firm or corporation,
which to his knowledge, is interested, directly or indirectly, in
any matter of business dealings with the Town, nor shall he accept
any gift 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.
(8)
No Town officer or employee shall 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, position or influence
of any party or person.
(9)
No Town officer or employee shall use or attempt to use his official
position to secure unwarranted privileges or exemptions for himself
or others.
(10)
Each Town officer or employee shall endeavor to pursue a course
of conduct which shall not raise suspicion among the public that he
is likely to be engaged in acts that are in violation of his trust.
(11)
Each Town officer or 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 and the public interest and
his private interest.
B.
Disclosure of interest.
(1)
Each Town officer or employee shall, to the extent that he is cognizant
thereof, disclose any interest he may have in legislation before the
Town Board.
(2)
To the extent that he knows thereof, any Town officer or employee
who participates in the discussion or gives official opinion to the
Town Board of any legislation before the Town Board, or who participates
in the discussion or given official opinion of any official board,
agency, officer or employee on any matters being considered by any
such official board, agency, officer or employee, shall publicly disclose
on the record the nature and extent of any interest he had in such
legislation, or in any action of the legislative body or in such matters
being considered by any official board, agency, officer or employee,
as the case may be.
C.
Confidentiality of information.
(1)
No Town officer or employee shall disclose confidential information
acquired in the course of his official duties or use such information
to further his personal interest.
(2)
No Town officer or employee shall accept employment or engage in
any business or provisional activity which will require him to disclose
confidential information which he has gained by reason of his official
position or authority.
(3)
After the termination of service or employment with the Town, no
Town officer or employee shall appear before any board or agency of
the Town in relation to any case, proceeding or application in which
he personally participated on behalf of the Town during the period
of his service or employment, or which was under his active consideration,
unless so requested specifically by the Town.
D.
Prohibited use of Town property. No Town officer or employee shall
request or permit the use of Town-owned vehicles, equipment, materials
or property for personal convenience or profit of himself or any other
person, except, however, when such property, vehicles, equipment,
material or services are available to the public generally, or which
are provided as a matter of Town policy for the use of officers or
employees in the conduct of their official business.
E.
Political activity.
(1)
No appointed Town officer or employee shall orally, by letter, or
otherwise, solicit or be in any manner concerned in soliciting any
assessment, subscription or contribution to any political party or
candidate from any Town employee or officer, nor shall he be a party
to such solicitations of others.
(2)
It shall be unlawful for any Town officer or employee in uniform
to solicit any person to vote any political caucus, primary or election
for any candidate or to challenge any voter, or in any manner to attempt
to influence any voter at any political caucus, primary, or at any
election.
A.
The Town Supervisor shall cause a copy of this article to be distributed
to every officer and employee of the Town within 14 days after the
effective date of the local law. Each officer and employee elected
or appointed thereafter shall be furnished a copy before entering
upon the duties of his office for employment.
B.
Failure to distribute any such copy or failure of any Town officer
or employee to receive such copy shall have no effect on the duty
of compliance with this code, nor the enforcement of provisions hereof.
C.
The Town Supervisor shall further cause a copy of this article to
be kept posted conspicuously in each public building under the jurisdiction
of the Town. Failure to so post this article shall have no effect
on the duty of compliance herewith, or the enforcement provisions
hereof.
Newly appointed or elected officials or employees whose duties
commence after the first April filing deadline, will be required to
submit an attestation that they have reviewed and understand the Code
of Ethics of the Town of Highland and that they are not in violation
of any provision of the code, within 45 days after the commencement
of their duties.
Nothing herein shall be deemed to bar or prevent the timely
filing by a present or former Town officer or employee of any claim,
account, demand for suit against the Town, 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.
No separate Ethics Board shall be established by the Town. All
possible violations of this article shall be reviewed and determined
by the Town Board.
A.
If any Town officer or employee refuses or fails, either unknowingly
or intentionally, to file a statement as required by this law, the
Town Clerk will notify the Town Board that said individual has not
filed a statement. Upon such notification, the Town Board may suspend
the official or employee without pay (if compensated). In addition,
the officer or employee shall also be notified by certified mail that
no statement has been filed.
B.
Once a statement has been filed, the Town Clerk will promptly notify
the Town Board that the officer or employee has complied with the
filing requirement of this law, reinstate the officer or employee
and release all monies withheld.
C.
Any person who shall knowingly and intentionally violate any of the
provisions of this article may be suspended or removed from office
or employment, as the case may be, in the manner provided by law.
D.
Nothing in this section will be construed as precluded the prosecution
of Town officers or employees for violations of any offense, criminal
or civil, pursuant to the laws, ordinances or statutes of the State
of New York, nor the review of any action taken by the Town Board
under Article 78 or the Civil Practice Law and Rules.
