[HISTORY: Adopted by the Town Board of the Town of Porter 11-19-1970 by L.L. No.
1-1970. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Porter recognizes 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 Porter. These rules shall serve as a guide for official conduct
of the officers and employees of the Town of Porter. 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 interests in contracts of municipal officers and employees.
As used in this chapter, the following terms shall have the
meanings indicated:
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the Town. For the purposes of this chapter, a municipal officer or
employee shall be deemed to have an interest in the contract of:[1]
His spouse, minor children and dependents, except a contract
of employment with the Town;
A firm, partnership or association of which such officer or
employee is a member or employee;
A corporation of which such officer or employee is an officer,
director or employee; and
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee, unless the context otherwise
requires.
An officer or employee of the Town of Porter, 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 chief engineer or assistant chief
engineer.
Every officer or employee of the Town of Porter 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 $75 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 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.
[Amended 5-12-1997 by L.L. No. 1-1997]
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, 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 any municipal
agency over 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, express or implied, for compensation
for services to be rendered in relation to any matter before any agency
of his municipality, whereby his 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.
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.
F.
Private employment. He shall not engage in society, 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.
G.
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 Porter 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 Porter, of 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.
The Supervisor of the Town of Porter shall cause a copy of this
code of ethics to be distributed to every officer and employee of
the Town of Porter within 30 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 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 may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.
