[HISTORY: Adopted by the Common Council of the City of Rensselaer 8-17-2016 by L.L. No.
3-2016.[1] Amendments noted where applicable.]
CHARTER REFERENCES
Contracts — See § 32.
[1]
Editor's Note: This ordinance repealed former Ch. 17, Ethics,
Code of, adopted 1-16-1991 by L.L. No. 1-1991.
Officers and employees of the City of Rensselaer 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 City of Rensselaer 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 Common Council and any municipal administrative board
(e.g., Planning Board, Zoning Board), commission or any other agency
or body comprised of two or more municipal officers or employees.
This Code of Ethics.
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 or employee or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
The paid or unpaid officer or employee of the City of Rensselaer,
including, but not limited to, the members of any municipal board.
The City of Rensselaer. The word "municipal" refers to the
municipality.
A spouse, domestic partner, parent, stepparent, sibling,
stepsibling'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 Rensselaer 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 Rensselaer.
No municipal officer or employee shall use his or her municipal
position or official powers 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.
In the case of a person serving in an elective office, the disclosure
shall be filed with the person's supervisor, or, if the person
does not have a supervisor, the disclosure shall be filed with the
municipal officer, employee or board having the power to appoint the
person's position. 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 board shall be made publicly at
a meeting of the board and must be included in the minutes of the
meeting.
An officer or employee of the City of Rensselaer shall treat
all members of the public, whether a person, firm or corporation or
other organization, with respect and in a professional manner, with
equal consideration and without special advantage in carrying out
his or her official duties.
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 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 shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position, disclosure
requirements, and requirements relating to recusal and abstention
shall not apply with respect to the following matters:
B.
Recusal and abstention shall not be required with respect to any
matter:
(1)
Which comes before a board when a majority of the board's total
membership would otherwise be prohibited from acting by this code.
(2)
Which comes before a municipal officer when the officer would be
prohibited from acting by this code and the matter cannot be lawfully
delegated to another person.
A.
No municipal officer or employee may acquire the following investments:
(1)
Investments that can be reasonably expected to require more than
sporadic recusal and abstention in this code; or
(2)
Investments that would otherwise impair the person's independence
of judgment in the exercise or performance of his or her official
powers and duties; or
(3)
Investments from the City of Rensselaer auction if the employee or
officer is in the position to negotiate, prepare, authorize or approve
the contract for the sale upon which he or she is bidding.
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; or
(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 of this code; or
B.
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee; or
C.
Violates § 805-a, Subdivision 1a or 1d, 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
matters 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
90 days following final disposition of the matter.
B.
No municipal officer or employee, for the one-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.
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;
or
(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.
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.
A.
No municipal officer or employee shall directly or indirectly compel
or induce a subordinate municipal officer or employee 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, promoting, discharging or 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.
C.
No employee shall engage in political campaign activities during
his or her official City of Rensselaer workday.
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, Subdivision 1a, 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 any gift, or multiple
gifts, from the same donor, having an 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; or
(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 the 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.
A.
Membership.
(1)
The Board of Ethics shall consist of three members appointed by the
Common Council. One alternate may be appointed to serve in the absence
of another member.
(2)
There shall be three members of the Ethics Board initially serving
one three-year term, one two-year term and one one-year term. The
alternate member shall serve for one three-year term. Subsequently,
each member shall be appointed for a three-year term or until such
time a successor is appointed.
(3)
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Common Council shall appoint a new member for the unexpired
term.
(4)
Removal of members. The Common Council shall have the power to remove,
after public hearing, any member of the Board for cause.
B.
Qualification of Board members.
(1)
All members of the Board of Ethics must be residents of the municipality.
(2)
The members of the Board of Ethics should be qualified by temperament
and experience to carry out the duties and responsibilities of the
Board.
(3)
No member of the Board of Ethics may hold office in a partisan political
party or hold elective office in the City of Rensselaer. A Board member
may make campaign contributions and vote but not otherwise participate
in any City of Rensselaer election campaign.
(4)
Not more than two members of the Board of Ethics may be members of
the same political party.
(5)
No current officer or employee of the City of Rensselaer is eligible
to serve on the Board of Ethics.
C.
Compensation. Members of the Board of Ethics shall serve without
compensation but may be reimbursed for reasonable and necessary expenses,
as approved by the Common Council.
D.
Powers and duties of the Board of Ethics.
(1)
The Board of Ethics shall select its own Chairperson from within
the Board for a one-year term and appoint such staff as necessary
to carry out its duties under this policy and to delegate authority
to the Chairperson, if any, to act in the name of the Board between
meetings of the Board, provided that the Board may not delegate the
power to conduct hearings, determine violations, recommend disciplinary
action, impose civil fines, refer any matter to a prosecutor or render
advisory opinions, except as stated in this subsection.
(2)
To prescribe and promulgate rules and regulations governing its own
internal organization and procedures in a manner not inconsistent
with this code or state or federal law.
(4)
To conduct hearings, recommend disciplinary action and initiate appropriate
actions and proceedings pursuant to this code.
(6)
To provide ethics training and education to City officers and employees
on the provisions of this chapter and Article 18 of the General Municipal
Law.
(7)
The Ethics Board of the City of Rensselaer may act only with respect
to officers and employees of the municipality and persons having business
dealing with the municipality. The termination of a City officer's
or employee's term of office or employment with the City shall
not affect the jurisdiction of the City Ethics Board with respect
to requirements imposed by this code on former City officers or employees
to the extent permitted by law.
(8)
The City Ethics Board may refer any matter within its jurisdiction
to the County Ethics Board in its discretion.
(9)
A member of the Board of Ethics may be removed from office by the
Common Council for failure to fulfill the duties of the office or
for violation of this code. The Common Council must give the Board
member written notice and an opportunity to reply.
(10)
The Ethics Board must prepare an annual report to the Common
Council on its activities and recommend changes to this chapter.
A.
Upon receipt of a form duly sworn by the person requesting an investigation
of an illegal violation of this code or upon the Board determining
on its own initiative that a violation of this code may exist, the
Ethics Board shall have the power and duty to conduct any investigation
necessary to carry out the provisions of this code.
B.
The City Board of Ethics investigation shall be confidential until
such time that a final determination of the City Ethics Board has
been made. Thereafter, the City Ethics Board shall state, in writing,
its disposition of every sworn complaint it receives and of every
investigation it conducts and shall set forth the reasons for the
disposition to the Mayor. Any findings of violations of this code
or other applicable law shall be served upon the subject of the investigation
within seven days of such service of any findings or violations of
this code, and violations shall be made a public record and shall
be indexed and maintained by the City Clerk.
A.
In its discretion and after a hearing in accordance with Article 3 of the State Administrative Procedure Act (SAPA), and subject to § 75 of the Civil Service Law and any collective bargaining agreements, to the extent practicable, the City Board may recommend for action appropriate disciplinary action which may include a written warning, or reprimand, forfeiture of accrued leave with pay, required attendance at ethics training seminars, suspension or termination of employment to the authority or person or body authorized by law to impose such sanctions.
B.
The City Ethics Board shall conduct and complete the hearing with
reasonable promptness and shall not act without notice and opportunity
to be heard and shall observe appropriate due process.
A.
The Board of Ethics shall render confidential advisory opinions only
to officers and employees of the City of Rensselaer with respect to
Article 18 of the General Municipal Law and this Code of Ethics. Officers
and employees of the municipality are encouraged to seek advisory
opinions whenever they are uncertain whether their conduct may violate
the Code of Ethics.
B.
The Board of Ethics will prepare an advisory opinion based on a thorough
review of the facts and applicable law. The Board's opinion is
to be based solely on the facts presented in the request or subsequently
submitted in a written, signed document. The opinion will be rendered,
in writing, to the requester as expeditiously as is practicable, with
special attention to the time requirements of a given case.
C.
An officer or employee of the municipality whose conduct or action
is the subject of an advisory opinion will not be subject to penalties
or sanctions by virtue of acting, or failing to act, due to a reasonable
reliance on the opinion, unless material facts were omitted or misstated
in the material submitted by the requester.
D.
The Board of Ethics will maintain a confidential, indexed file of
all advisory opinions issued by the Board.
A.
The Mayor must promptly 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 municipality'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 Mayor 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 or employee of the City of Rensselaer.
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 acknowledgment must be filed with the City Clerk, who must maintain
such acknowledgment 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,
shall have no effect on the duty of compliance with such code or amendment
nor the enforceability of the code or amendment to the code.
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.
