Officers and employees of the Town of Walworth 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 Board of Appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
CODE
This Code of Ethics.
HARASSMENT
The act of systematic and/or continued unwanted and annoying
actions of one party or a group, including threats and demands. The
purposes may vary, including racial prejudice, personal malice, an
attempt to force someone to quit a job or grant sexual favors, apply
illegal pressure to collect a bill, or merely gain sadistic pleasure
from making someone fearful or anxious. Such activities may be the
basis for a lawsuit if due to discrimination based on race, age or
sex, a violation of the statutory limitations on collection agencies,
involve revenge by an ex-spouse, or be shown to be a form of blackmail
("I'll stop bothering you if you'll go to bed with me"). The victim
may file a petition for a "stay away" (restraining) order, intended
to prevent contact by the offensive party. A systematic pattern of
harassment by an employee against another worker may subject the employer
to a lawsuit for failure to protect the worker.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of a) his spouse, minor children
and dependents, except a contract of employment with the municipality
which such officer or employee serves; b) a firm, partnership or association
of which such officer or employee is a member or employee; c) a corporation
of which such officer or employee is an officer, director or employee;
and d) a corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of a municipality, whether paid or
unpaid, including members of any administrative board, commission
or other agency thereof and in the case of a county, shall be deemed
to also include any officer or employee paid from county funds. No
person shall be deemed to be a municipal officer or employee solely
by reason of being a volunteer firefighter or civil defense volunteer,
except a fire chief or assistant fire chief.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
MUNICIPALITY
The Town of Walworth. The word "municipal" refers to the
municipality.
RELATIVE
A spouse, parent, stepparent, sibling, stepsibling, 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 Town of Walworth, 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 Walworth.
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 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, Subdivision 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.
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.
Municipal officers and employees will act in such a way that
they create a trustworthy work environment. They will keep watch not
to act in such a way so as to create an intimidating, hostile or offensive
environment. They will always keep in mind the respect for the human
dignity of their coworkers and not practice any type of harassment,
intimidation or threats.
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.
This code takes effect immediately upon adoption.