Officers and employees of the Town hold their positions to serve
and benefit the public, and not for obtaining unwarranted personal
or private gain in the exercise and performance of their official
powers and duties. The Town Board recognizes that, in furtherance
of this fundamental principle, there is a need for clear and reasonable
standards of ethical conduct. This code of ethics establishes those
standards.
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 of 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
Town of Dickinson. The word "municipal" refers to the municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Town of Dickinson,
including, but not limited to, the members of any municipal board.
RELATIVE
A spouse, parent, step-parent, sibling, step-sibling, sibling's
spouse, child, step-child, 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 Dickinson, 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 Dickinson.
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 or 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 §
36-6 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(1)(c) 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.
Issues involving nepotism shall be governed by the Town's
policy on nepotism, adopted by resolution of the Town Board on August
9, 2010, and as amended from time to time.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.
The Town of Dickinson shall rely on and refer matters pursuant
to this chapter to the Board of Ethics created by Broome County.
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.