[HISTORY: Adopted by the Town Board of the Town of Mamakating 3-4-2014 by L.L. No.
1-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 18,
Ethics, Code of, adopted 10-5-1970 by L.L. No. 2-1970, as amended.
Officers and employees of the Town of Mamakating hold their
positions to serve and benefit the public, and not for obtaining personal
or private gain in the exercise and performance of their official
powers and duties. The Mamakating 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:
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.
This Code of Ethics, Article 18 of the General Municipal
Law, and any other statutory or case law relating to ethical conduct,
interests in contracts and personal interests of municipal officers
and employees.
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.
The Town of Mamakating. The word "municipal" refers to the
municipality.
A paid or unpaid officer or employee of the Town of Mamakating,
including, but not limited to, the members of any municipal board.
Mother, father, grandmother, grandfather, brother, sister,
aunt, uncle, son, daughter, stepparent, stepbrother, stepsister, stepchild,
including any such relationship by adoption, marriage, civil union,
or same-sex marriage.
This Code of Ethics applies to the officers and employees of
the Town of Mamakating, 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 Mamakating.
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.
A.
Whenever a matter requiring the exercise of discretion comes before
a municipal officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
relative, or any private organization in which he or she is deemed
to have an interest, the municipal officer or employee shall disclose
in writing the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the municipal officer or employee, or when the
municipal officer or employee first acquires knowledge of the interest
requiring disclosure, whichever is earlier.
C.
The disclosure shall be filed with the Town Board. In addition, the
disclosure shall be filed with the person's supervisor. In addition,
in the case of a person serving on a municipal board, a copy of the
disclosure shall be filed with the board. Any disclosure made to a
municipal board on which that person serves shall be made publicly
at a meeting of the board and must be included in the minutes of the
meeting.
A.
No municipal officer or employee may participate in any decision
or take any official action with respect to any matter requiring the
exercise of discretion, including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board; or
(2)
If the power or duty that is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer does not have a deputy, the power or duty
shall be performed by another person to whom the officer may lawfully
delegate the function; or
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor may designate another person to exercise or perform
the power or duty, if lawfully permissible.
A.
This code's prohibition on improper use of a municipal position (§ 18-4), disclosure requirements (§ 18-5), and requirements relating to recusal and abstention (§ 18-6), shall not apply with respect to the following matters:
A.
No municipal officer or employee may acquire the following investments:
B.
This section does not prohibit a municipal officer or employee from
acquiring any other investments or the following assets:
(1)
Real property located within the municipality and used as his or
her personal residence;
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the municipality and acquired more than
one year after the date on which the bonds or notes were originally
issued.
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 § 18-6 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.
A.
No municipal officer or employee may ask for, pursue or accept a
private post-government employment opportunity with any person or
organization that has a matter requiring the exercise of discretion
pending before the municipal officer or employee, either individually
or as a member of a board, while the matter is pending or within the
120 days following final disposition of the matter.
B.
No municipal officer or employee, for the two-year period after serving
as a municipal officer or employee, may represent or render services
to a private person or organization in connection with any matter
involving the exercise of discretion before the municipal office,
board, department or comparable organizational unit for which he or
she serves.
C.
No municipal officer or employee, at any time after serving as a
municipal officer or employee, may represent or render services to
a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee.
A.
This code shall not be construed as prohibiting a municipal officer
or employee from:
A.
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel,
and the municipality's money, vehicles, equipment, materials, supplies
or other property.
B.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by § 803 of the General Municipal Law.
A.
No municipal officer or employee shall, directly or indirectly, attempt
to compel or induce a subordinate municipal officer or employee to
make, or promise to make, any political contribution, whether by gift
of money, service or other thing of value.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any municipal officer or employee, or an applicant for a position
as a municipal officer or employee, on the basis of the giving or
withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
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.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a(1)(a) of the General Municipal
Law as interpreted in this section.
B.
No municipal officer or employee may directly or indirectly solicit
any gift.
C.
No municipal officer or employee may accept or receive any gift,
or multiple gifts from the same donor, having an annual aggregate
value of $75 or more when:
(1)
The gift reasonably appears to be intended to influence the officer
or employee in the exercise or performance of his or her official
powers or duties;
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3)
The gift is intended as a reward for any official action on the part
of the officer or employee.
D.
For purposes of this section, a gift includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail cost
of the item or a comparable item. The fair market value of a ticket
entitling the holder to food, refreshments, entertainment, or any
other benefit is the face value of the ticket, or the actual cost
to the donor, whichever is greater. Determination of whether multiple
gifts from a single donor exceed $75 must be made by adding together
the value of all gifts received from the donor by an officer or employee
during the twelve-month period preceding the receipt of the most recent
gift.
E.
Gifts intended to influence or reward.
(1)
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his or her official powers
or duties when the gift is from a private person or organization that
seeks municipal action involving the exercise of discretion by or
with the participation of the officer or employee.
(2)
A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding 12 months.
F.
This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as a municipal
officer or employee, is the primary motivating factor for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee,
or other service to the community; or
(6)
Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional or educational
conference or program and the meals and refreshments are made available
to all participants.
[Amended 6-3-2014 by L.L. No. 5-2014; 2-4-2020 by L.L. No. 1-2020]
The Town of Mamakating Board of Ethics is hereby dissolved.
In accordance with state General Municipal Law § 808, the
Sullivan County Board of Ethics shall serve as the board of ethics
for the Town of Mamakating.
[1]
Editor's Note: Former § 18-18, Investigation and
determination of advisory opinions and alleged violations, was repealed 2-4-2020 by L.L. No. 1-2020.
A.
The Town Supervisor must cause a copy of this code, and a copy of
any amendment to this code, to be posted publicly and conspicuously
in each building under the Town's control. The code must be posted
within 10 days following the date on which the code takes effect.
An amendment to the code must be posted within 10 days following the
date on which the amendment takes effect.
B.
The Town Supervisor must promptly cause a copy of this code, including
any amendments to the code, to be distributed to every person who
is or becomes an officer and employee of the Town of Mamakating.
C.
Every municipal officer or employee who receives a copy of this code
or an amendment to the code must acknowledge such receipt in writing.
Such acknowledgments must be filed with the Town Clerk, who must maintain
such acknowledgments as a public record.
D.
The failure to post this code or an amendment to the code does not
affect either the applicability or enforceability of the code or the
amendment. The failure of a municipal officer or employee to receive
a copy of this Code of Ethics or an amendment to the code, or to acknowledge
receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
A.
All municipal officers and employees shall file an annual financial
disclosure statement with the Town Clerk on or before January 10 of
each year with respect to the preceding calendar year. The Town Board,
by resolution, may modify the list of employees required to submit
a financial disclosure statement. Any such modification shall be by
reference to employment title or position. In addition, consultants
providing services to the Town by contract, including but not limited
to attorneys, engineers and land use planners, and any other consultant
as determined by resolution of the Town Board, shall file an annual
financial disclosure statement with the Town Clerk on or before January
10 of each year with respect to the preceding calendar year.
[Amended 2-4-2020 by L.L. No. 1-2020]
B.
The Town Clerk shall receive all annual financial disclosure statements
to determine whether a required filer has filed his or her financial
disclosure statement. In the event a required filer fails to file
an annual financial disclosure statement by January 10, the Clerk
shall provide written notice of the violation and 10 days to correct
the violation by filing the annual financial disclosure statement.
If the violation is not cured within 10 days after notice, the Clerk
shall report said violation to the Board of Ethics.
[Amended 2-4-2020 by L.L. No. 1-2020]
C.
An officer, employee or consultant required to submit a financial
disclosure statement must submit an amended statement within 10 days
after any relevant change in circumstances.
D.
An officer, employee or consultant who is required to submit a financial disclosure statement or amended financial disclosure statement, but who fails to do so, shall be subject to the penalties set forth in § 18-21 of this chapter.
E.
The blank annual financial disclosure statement shall be on file
in the Town Clerk's office, and a copy of the blank form shall be
distributed to each officer or employee at the same time that a copy
of the Code of Ethics is distributed.
[Amended 2-4-2020 by L.L. No. 1-2020]
F.
The annual financial disclosure statement form may be amended from
time to time by resolution of the Town Board.
In addition to any penalty contained in any other provision
of law, any officer or employee who violates this code may be censured,
fined, penalized, suspended or removed from office or employment in
the manner provided by law.
This chapter is intended to and shall supersede any inconsistent
provisions of §§ 806 and 808 of the state General Municipal
Law.
