[HISTORY: Adopted by the Town Board of the Town of Lysander 1-4-1990 amended in its entirety 2-9-2009 (Ch. 13 of the 1989 Code). Subsequent
amendments noted where applicable.]
A.
The Town Board of the Town of Lysander recognizes that there are
state statutory provisions authorizing towns to establish rules and
standards of ethical conduct for public offices and employees which,
if observed, can enhance public confidence in local government. It
appears necessary that every effort be made to assure the highest
caliber of public administration of this Town as part of our state's
important system of local government. It is the purpose of these provisions
to implement this objective through the establishment of standards
of conduct and to provide for punishment of violation of such standards.
B.
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflicts of interest, provisions
or procedures prescribed by statute of the State of New York and also
in addition to common law rules and judicial decisions relating to
the conduct of Town officers to the extent that the same are more
severe in their application than this chapter.
C.
All of our employees are required to conduct their personal and business
affairs in such a way as to avoid conflicts, or even the appearance
of conflicts, with the interests of the Town of Lysander and its residents.
Although the rules and standards below apply primarily to employees,
each of us must also exercise care to avoid actual or potential conflicts
of interest which might arise because of the activities of our family
members or other members of our households.
D.
Employees have an ongoing responsibility to disclose actual and potential
conflicts. Determining whether you have a conflict and, if so, what
to do about it can be difficult. No set of guidelines or statement
of principles, however comprehensive and detailed, can hope to cover
all situations or address every question of judgment. Your sensitivity
to conflict-of-interest issues should increase as the positions held
by you grow in responsibility. If you have any doubt about your disclosure
obligations, the best course is to consult with the Town Supervisor
or Town Attorney.
For the purposes of the Town of Lysander's Code of Ethics, and
for the purposes of this chapter, the following terms shall have the
meanings indicated:
Any board, commission, district, counselor, other agency,
department or unit of government of the Town of Lysander.
Any officer or employee of the Town of Lysander, whether
elected or appointed, whether paid or unpaid, or whether serving in
a full-time, part-time, seasonal, temporary or advisory capacity.
Each Town employee is subject to, and must abide by, the following
rules:
A.
No Town employee shall directly or indirectly solicit any gift, or
accept or receive any gift, whether in the form of money, service,
loan, travel, entertainment, hospitality, thing or promise, or in
any other form, under circumstances in which it would reasonable be
inferred that the gift was intended to influence the employee in the
performance of his/her official duties or was intended as a reward
for any official action on his/her part.
B.
No Town employee shall disclose confidential information acquired
by him/her in the course of his/her official duties or use such information
to further his/her personal interests.
C.
No Town employee shall receive, or enter into any agreement, express
or implied, for compensation for services to be rendered in relation
to any matter before any Town agency of which he/she is an officer,
member or employee or of any Town agency of which he/she is an officer,
member or employee or of any Town agency over which he/she has the
power to appoint any member, officer or employee.
D.
Town employees may not directly supervise the activities of or approve
salary recommendations for their relatives or nonrelative residing
in their household without approval from the Lysander Town Board.
(1)
For purposes of their business/personal relationships policy the
term, "relatives" includes:
(a)
Spouse/domestic partner.
(b)
Parent.
(c)
Grandparent.
(d)
Brother.
(e)
Aunt.
(f)
Uncle.
(g)
Niece.
(h)
Nephew.
(i)
Sister.
(j)
Daughter.
(k)
Son.
(l)
Mother-in-law.
(m)
Father-in-law.
(n)
Daughter-in-law.
(o)
Sister-in-law.
(p)
Brother-in-law.
(q)
Grandson.
(r)
Granddaughter.
(s)
Stepson.
(t)
Stepdaughter.
(u)
Stepparent.
(v)
Foster parent.
(w)
Legal guardian.
(x)
Son-in-law.
(2)
When any other personal relationships become incompatible with professional
practices, the Town may adjust the work environment to protect overall
working relationships and its own interests.
Each Town employee is subject to, and must abide by, the following
standards:
A.
No Town employee shall accept other employment which will impair
his/her independence of judgment in the exercise of his/her official
duties. Town employees may not hold outside positions which interfere
with job performances. While the Town of Lysander does not prohibit
employees from "moonlighting," no Town employee should hold an outside
position in any business, trade, civic, governmental or social association
which because of time obligations or subject matter impairs the employee
from fulfilling his or her job responsibilities. In addition, Town
employees may not be employed by or affiliated in a situation which
would present a conflict of interest.
B.
No Town employee shall accept employment or engage in any business
or professional activity which will require him to disclose confidential
information which he/she has gained by reason of his/her official
position or authority.
C.
No Town employee shall use or attempt to use his/her position to
secure unwarranted privileges or exemptions for himself or others.
In addition to any penalty contained in any other provision
of the law, any person who shall knowingly and intentionally violate
this chapter may be fined, suspended or removed from office or employment
in the manner provided by law.
