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), 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 City of Schenectady. The word "municipal" refers to the
municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the City of Schenectady,
including, but not limited to, the members of any municipal board.
RELATIVE
A spouse, parent, stepparent, sibling, step-sibling, sibling's
spouse, child, stepchild, 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 City of Schenectady, 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 City of Schenectady.
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;
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. Would require 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;
D. Would result in any other violation of Article 18 of the General
Municipal Law not herein enumerated.
This Code of Ethics 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 and dependents.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
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 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.
Pursuant to Article 18 of the New York State General Municipal
Law, the City of Schenectady hereby adopts the following financial
disclosure policy:
A. The Mayor of the City of Schenectady shall file with the City Clerk,
on or before January 1 of each year, a list of the names or the office,
title or job classification of those officers and employees who shall
be required to file the annual financial disclosure statement.
B. Time of filing. All financial statements shall be filed on or before
April 30 of every year following enactment of this subsection during
the term of the City official's office. The time for filing such
statement may be extended pursuant to the Board of Ethics, for justifiable
cause and for undue hardship upon application to the Board of Ethics
pursuant to the rules and regulation set forth in the law.
C. Place and manner of filing. Financial disclosure statements are to
be completed and filed with the Schenectady City Clerk. Said statements
shall be confidential and shall be made accessible to the general
public and to other members of the City officers and employees and
City Council by formal Freedom of Information Law request through the City Clerk's office.
D. The Board of Ethics shall have all necessary authority to enforce
the filing requirements of this chapter, including the authority to
promulgate such rules and regulations as the Board of Ethics determines
are necessary to implement this chapter. The Board of Ethics shall
be authorized to review requests for exceptions with respect to complying
with timely filing of such disclosure statements due to justifiable
cause or undue hardship. The Board of Ethics shall inspect all financial
disclosure statements filed with the Board of Ethics to ascertain
whether any person subject to the reporting requirements of this chapter,
a Code of Ethics, local law, ordinance or resolution has failed to
file such a statement, has filed a deficient statement or has filed
a statement which reveals a possible violation of the law.
E. Failure to file a timely disclosure. If a person required to file
a financial disclosure statement with the Board of Ethics has failed
to file a disclosure statement or has filed a deficient statement,
the Board of Ethics shall notify the reporting person in writing,
state the failure to file or detail the deficiency, provide the person
with a fifteen-day period to cure the deficiency and advise the person
of the penalties for failure to comply with the reporting requirements.
If the person fails to make such filing or fails to cure the deficiency
within the specified time period, the Board of Ethics shall send a
notice of delinquency to the reporting person and to the appointing
authority for such person.
F. Opportunity to be heard. If a reporting person has filed a statement
which reveals a possible violation of a duly adopted Code of Ethics
of the City of Schenectady, local law, ordinance or resolution or
if the Board of Ethics receives a sworn complaint alleging such a
violation or if the Board of Ethics determines on its own initiative
to investigate a possible violation, the Board of Ethics shall notify
the reporting person in writing, describe the possible or alleged
violation of such Code of Ethics, local law, ordinance or resolution
or of this chapter and provide the person with a fifteen-day period
in which to submit a written response setting forth information relating
to the activities cited as a possible or alleged violation of law.
If the Board of Ethics thereafter makes a determination that further
inquiry is justified, it shall give the reporting person an opportunity
to be heard. The Board shall also inform the reporting individual
of its rules regarding the conduct of adjudicatory proceedings and
appeals and the due process procedural mechanisms available to such
individual.
(1) If the Board determines at any stage of the proceeding that there
is no violation or that any potential conflict of interest violation
has been rectified, it shall so advise the reporting person and the
complainant, if any. All of the foregoing proceedings shall be confidential.
(2) If the Board determines that there is reasonable cause to believe
that a violation has occurred, it shall send a notice of reasonable
cause to the reporting person, to the complainant, if any, and to
the City Council of the City of Schenectady.
The City of Schenectady hereby recognizes the prohibition against
retaliatory personnel action provided in Article 20-C of the New York
State Labor Law and shall enforce the provisions of the law.
This Code of Ethics takes effect immediately.