[Adopted by the Town Board of the Town of
Copake 12-9-1970; amended in its entirety 12-21-2007 by L.L. No. 4-2007. Subsequent amendments
noted where applicable.]
[Amended 12-11-2014 by L.L. No. 7-2014]
A.
Purpose of Code.
(1)
Pursuant to the provisions of § 806 of Article 18 of the
General Municipal Law of the State of New York, the Town Board of
the Town of Copake recognizes the need for rules of ethical conduct
for public officers and employees, whether elected or appointed, whether
paid or unpaid, which must be observed if a high degree of moral conduct
is to be obtained and if public confidence is to be maintained in
local government.
(2)
It is the purpose of this chapter to promulgate these rules of ethics
for the officers and employees of the Town of Copake. These rules
shall serve as the guide for official conduct of the officers and
employees of the Town of Copake. They shall set forth the standards
of conduct reasonably expected of the officers and employees of the
Town of Copake.
(3)
The Town of Copake shall require its officers and employees to be
independent, impartial and free from conflicts of interest in fulfilling
their public responsibilities in order to ensure their exemplary ethical
behavior. Specifically, this Code of Ethics shall provide standards
for officers and employees with respect to disclosure of interest
in legislation before the local governing body, holding of investments
in conflict with official duties, private employment in conflict with
official duties, future employment and such other standards relating
to the conduct of officers and employees as may be deemed advisable.
(4)
The rules of ethical conduct of this chapter, as adopted, shall not
conflict with but shall be in addition to any prohibition of Article
18 of the General Municipal Law or any other general or special law
relating to ethical conduct and interest in contracts of municipal
officers and employees.
B.
Board of Ethics established.
(1)
Pursuant to the authority in § 808 of the General Municipal
Law, there is hereby established a Board of Ethics, to be appointed
by the Town Board of the Town of Copake, all members of which shall
reside in the Town of Copake and who shall serve without compensation
and at the pleasure of the Town Board. Such Board of Ethics shall
act only with respect to officers and employees of the Town of Copake
that have established such Board or its agencies.
(2)
Upon written request of the Town Board, any officer, employee or
resident of the Town of Copake, the Board of Ethics shall render advisory
opinions on the requirements of this chapter and any other applicable
provisions of law concerning ethics of municipal officers and employees.
An opinion rendered by the Board of Ethics, until and unless amended
or revoked, shall be binding on the Board of Ethics in any subsequent
proceeding concerning the person who requested the opinion and who
acted in good faith, unless material facts were omitted or misstated
by the person in the request for an opinion. Such opinion may also
be relied upon by such person, and may be introduced and shall be
a defense, in any criminal or civil action. Such requests shall be
confidential to the extent permitted by law except that the Board
of Ethics may publish such opinions, provided that the name of the
requesting person and other identifying details shall not be included
in the publication. In the event, however, that legal advice may be
necessary before such opinion is rendered, the Board of Ethics may
consult with the Town Attorney.
(3)
The Board of Ethics, upon its formation, shall adopt its own rules
and regulations as to its form and procedures and shall maintain formal
records of its opinions and proceedings.
C.
Membership and organization.
(1)
Member terms of office. The Board of Ethics shall be comprised of
five members, the majority of whom are not otherwise officers or employees
of the Town of Copake; however, such Board shall include at least
one member who is an elected or appointed municipal officer or employee.
Each member shall serve a term of four years. Upon adoption of these
revisions, the term of each current member shall be set at four years
from date of appointment.
(2)
The members of the Board of Ethics shall elect from among themselves
a Chair, whose responsibilities shall include running Board of Ethics
meetings, receiving and acknowledging complaints and communicating
as necessary with the Copake Town Board.
(3)
Secretary. The members of the Board of Ethics shall elect from among
themselves a Secretary. The Secretary shall maintain records of all
meetings, proceedings and opinions rendered, such records to be confidential
and not subject to public disclosure except as required by the New
York State Public Officers Law or other applicable law, and shall
transmit minutes of Board of Ethics meetings to the Copake Town Clerk.
(4)
The Chair and Secretary shall serve terms of two years, and may succeed
themselves.
D.
Filling vacancies. Vacancies will be filled in accordance with the
Town of Copake Policy Manual.
E.
Removal of Ethics Board members. An Ethics Board member may be removed
by approval of the Copake Town Board after written notice to that
member and a hearing where the Board member may be heard in his or
her defense. Grounds for removal shall consist of substantial neglect
of duty, gross misconduct in office, inability to discharge the duties
of office, conviction of a crime or similar acts or omissions.
F.
Meetings.
(1)
The meeting schedule of the Board of Ethics will be set at the January
meeting each year. Additional special meetings may be called by any
three members upon 48 hours' notice to each Board member. The
Board of Ethics is authorized to enter into executive session when
appropriate, provided that all meetings of the Board of Ethics, including
executive sessions, shall be conducted in accordance with the New
York State Freedom of Information Law, Open Meetings Law, and other
applicable laws.
(2)
Three members shall constitute a quorum for transaction of business
by the Board of Ethics. Any action by the Board of Ethics requires
three affirmative votes.
G.
False or deceptive statements. An officer, employee and/or committee
member of the Town of Copake shall not knowingly make a false or deceptive
statement in the course of his or her official duties, nor shall be
or she willfully violate or evade any provision of law relating to
his or her duties or employment.
H.
Confidentiality. Records and proceedings of the Board of Ethics shall
be kept confidential to the extent permitted by the New York State
Public Officers Law, Open Meetings Law, Freedom of Information Law,
or other applicable law, except that the following may be disclosed
or disseminated:
(1)
The information set forth in an annual statement of financial disclosure;
(2)
The opinions rendered by the Board of Ethics, provided that such
opinions shall not reveal the name of the person making the complaint
or any other identifying characteristics;
(3)
A copy of any Code of Ethics or any amendments to any Code of Ethics
adopted; and
(4)
A statement that the Town of Copake has established a Board of Ethics,
in accordance with § 808 of the General Municipal Law and/or
pursuant to other law, charter, code, local law, ordinance or resolution,
and the composition of such Board.
As used in this chapter, the following terms
shall have the meanings indicated:
A direct or indirect pecuniary or material benefit accruing
to a municipal officer, employee or appointee as a result of a contract
with the Town of Copake. For the purposes of the Code, a municipal
officer, employee or appointee shall be deemed to have an interest
in the contract of:
A.
His or her spouse, minor children and dependents,
except a contract of employment with the Town of Copake which such
officer, employee or appointee serves.
B.
A firm, partnership or association of which such officer,
employee or appointee is a member or employee.
C.
A corporation of which such officer, employee or appointee
is an officer, director or employee.
D.
MUNICIPAL OFFICER, EMPLOYEE OR APPOINTEE
A corporation, any stock of which is owned or controlled
directly or indirectly by such officer, employee or appointee.
An officer, employee or appointee of the Town of Copake,
whether paid or unpaid, whether full or part-time, including members
of any administrative board, commission or other agency thereof. No
person shall be deemed to be a "municipal officer or employee" solely
by reason of being a volunteer fireman or civil defense volunteer,
except a Fire Chief or Assistant Fire Chief.
A.
The Board of Ethics may act only with respect to Town
officers, municipal employees and persons serving in positions appointed
by the Town Board. The Board of Ethics shall be authorized to receive
complaints alleging violations of the provisions of this Code as well
as any other general or special law relating to ethical conduct.
B.
The members of the Board of Ethics shall receive no
salary or other form of compensation for their services as members
of such Board, but shall be entitled to reimbursement of reasonable
and customary expenses in accordance with rules established by the
Town Board.
C.
The Board of Ethics may prescribe and promulgate rules and regulations
governing its own internal organization and procedures in a manner
consistent with the Code of Ethics as so authorized by the Town Board
of the Town of Copake.
[Amended 12-11-2014 by L.L. No. 7-2014]
D.
The Town Clerk shall receive, review, index and maintain on file
completed annual financial disclosure statements filed pursuant to
the Code of Ethics provisions.
[Amended 12-11-2014 by L.L. No. 7-2014]
E.
The Board of Ethics shall receive, review, index, maintain on file
and act on requests for advisory opinions and/or complaints submitted
to it. These complaints may originate from persons of the Town of
Copake and such persons may be Town officers, Town employees and/or
Town citizens. All requests, complaints and notifications shall constitute
confidential personnel records and shall not be subject to public
disclosure unless otherwise required by law.
[Amended 12-11-2014 by L.L. No. 7-2014]
F.
The Board of Ethics, as it deems necessary, shall investigate, conduct
hearings, recommend disciplinary action and the assessment of penalties,
make referrals, and enforce and initiate any other appropriate actions
and proceedings pursuant to the Code of Ethics.
[Amended 12-11-2014 by L.L. No. 7-2014]
G.
The Board of Ethics shall have the power to conduct
an investigation necessary to carry out the provisions of this Code.
(1)
If the Board of Ethics preliminarily finds that a
possible violation of the Code of Ethics exists, the Board may, but
shall not be required to provide the person(s) charged with the violation
a reasonable opportunity to resolve such violation.
(2)
If under any other circumstances, such as through
the filing and investigation of a complaint, the Board of Ethics determines
that there is reasonable cause to believe that a violation of the
Code of Ethics has occurred, or after any grace period granted by
the Board of Ethics has expired and such violation remains unresolved,
it shall send a notice of alleged violation to the person(s) charged
with the violation and to the Supervisor of the Town Board.
(3)
Before any reasonable cause finding of a violation
shall be finalized, the affected person(s) charged with the violation
will be given an opportunity to submit a written response setting
forth such information that may clear the respondent of reasonable
cause of the alleged violation.
(4)
In conducting any investigation necessary to carry
out the provisions of this chapter, the Board of Ethics may administer
oaths or affirmations, subpoena and/or examine witnesses, compel their
attendance and require the production and submission for examination
of any books or records that it may deem relevant and material.
H.
Opinions of the Board of Ethics.
[Amended 12-11-2014 by L.L. No. 7-2014]
(1)
All opinions of the Board of Ethics shall be rendered within 60 days
unless an extension is granted by the Town Board which shall not exceed
90 days from the date of receipt of a request for an advisory opinion
or complaint.
(2)
All requests for advisory opinions shall describe the conduct, alleged
conflict of interest or other alleged wrongdoing on the part of a
Town officer, Town employee or other appointed person, and be signed
by the person submitting the request.
(3)
The Board of Ethics shall conduct a hearing on the request for an
advisory opinion and/or complaint. The subject person(s) of the alleged
wrongdoing may be present and shall have the right to be represented
by an attorney. No meeting or proceedings, including any such hearing
contemplated under this section, shall be open to the public, except
as required by law.
(4)
At the conclusion of its deliberations, the Board of Ethics shall
render a written confidential opinion to the Town Board, and the identity
of the person(s) involved in the wrongdoing shall not be disclosed
except to the Town Board. Copies of the opinion shall be provided
to the person who is the subject of the wrongdoing. The Board of Ethics
is also authorized to publish the opinion, provided that all identifying
details of the wrongdoer and the person filing the complaint are removed.
(5)
The advice of counsel may be obtained before submitting the Board
of Ethics opinion to the Town Board.
I.
Any person aggrieved by an advisory opinion and/or
decision of the Board of Ethics may seek judicial review and relief
pursuant to Article 78 of the Civil Practice Law and Rules of the
State of New York.
J.
Upon request, the Board of Ethics shall make information
concerning the Code of Ethics, Article 18 of the General Municipal
Law of the State of New York, and Article 78 of the Civil Practice
Law and Rules of the State of New York available to the Town officers,
employees, citizens and to persons interested in doing business with
the Town of Copake.
K.
The Board shall be empowered to request support staff
assistance from the Town Board Supervisor to facilitate the duties
of the Board of Ethics.
L.
The Board of Ethics shall prepare an annual report
summarizing the activities of the Board of Ethics for the previous
fiscal year and recommending any changes in the laws governing the
conduct of the officers or employees of the Town of Copake, or the
rules, regulations and procedures governing the Board of Ethic's conduct.
Such report shall be submitted to the Copake Town Board no later than
60 days after the closing of the fiscal year. The report shall include,
but not be limited to, the following:
(1)
A listing of each complaint and referral received
which alleged a possible violation, including the current status of
each complaint;
(2)
Where a matter has been resolved, the date and nature
of the disposition and any sanction imposed, subject to the confidentiality
requirements of this chapter; provided, however, that such annual
report shall not contain any information for which disclosure is not
permitted pursuant to this chapter; and
(3)
A statement to the extent that the Code of Ethics
as written either sufficiently promotes integrity and public confidence
and sets forth clear and enforceable common sense standards of conduct
or that the Board of Ethics will recommend certain amendments for
adoption by the Town Board.
M.
The Board of Ethics shall possess all powers and duties
authorized by Article 18 of the General Municipal Law and any other
applicable laws of the State of New York.[1]
[1]
Editor’s Note: Former Subsection N, requiring the Board
of Ethics to maintain a website which sets forth the procedure for
filing a complaint, was repealed 12-11-2014 by L.L. No. 7-2014.
Nothing herein shall be deemed to bar or prevent
the timely filing by a present or former municipal officer or employee
of any claim, account, demand or suit against the Town of Copake or
any agency thereof on behalf of himself or any member of his family
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
The Supervisor of the Town of Copake shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the Town within five days after the effective date of
this chapter. Each officer and employee elected or appointed thereafter
shall be furnished a copy before entering upon the duties of his office
of employment. Failure to distribute any such copy or failure of any
officer or employee to receive such copy shall have no effect on the
duty of compliance with such Code, nor the enforcement provisions
thereof.
In accordance with Subdivision 3 of § 806 of the General Municipal Law, the Clerk of the Town of Copake shall file a copy of this Code of Ethics with the temporary state commission on local government ethics established by § 813 of the General Municipal Law, if such temporary state commission be in existence, and in all events shall maintain as a record subject to public inspection the documents provided for by § 23-1H of this chapter.
A.
Financial interest.
(1)
An officer, employee, board member, or committee member
(hereafter "officer or employee") of the Town of Copake may not exploit
his/her position to influence, induce, persuade, or have an effect,
favorably or unfavorably, on his or her own financial interest or
the financial interest of a business partner, private employer, or
any other organization for which the officer or employee serves as
an officer, director, trustee, or employee. For instance, such officer
or employee may not:
(a)
Influence the awarding of business to an organization
or its geographic competitors in which the officer or employee has
a financial or employment interest;
(b)
Participate on behalf of the Town of Copake
in licensing, inspection, zoning, or other matters that affect or
influence a business organization or its competitors for which the
officer or employee has a financial or employment interest; and
(c)
Participate in any decision by the Town of Copake
that would influence any not-for-profit organization on whose board
the officer or employee may hold a position.
(2)
Such officer or employee may not possess any private
or personal business involvement (financial, employment or otherwise)
with suppliers under contract for services, materials, supplies, and
real estate matters to the Town of Copake. Such officer or employee
may not be a supplier to the Town of Copake unless the contract has
been awarded by a bid process and he or she has disclosed his/her
financial interest before the bidding process.
(3)
No real or personal property in which the Town has
a right, title, or interest shall be offered to or sold to or purchased
by such officer or employee, except upon 10 days of public notice,
which shall include advertising and posting in the Town Hall and thereafter
the proposed sale shall be publicly held.
(4)
Such officer or employee may not invest, may not have
a financial or employment interest, and may not hold any investment,
directly or indirectly, in any contract or property; nor hold any
other financial, business, economic, commercial, or other activity
which is adverse to the interests of the Town of Copake or is in conflict
with this individual's role as an official public servant.
(5)
Such officer or employee may not use Town equipment
for political or private purposes. Examples of Town property include,
but are not limited to, office computers, phones, fax machines, postage
machines, copiers, staff time, uniforms, and official vehicles.
B.
Nepotism.
(1)
Officers of the Town of Copake who are authorized
to hire temporary or full-time persons for employment by the Town
of Copake must first conduct their search by posting the open position
at the Town Hall and, if necessary, placing an ad for the position
in one of the official newspapers for the Town. These notices must
clearly define the qualifications and major position responsibilities
required by candidates.
(2)
Candidates being considered for vacant Town Council
positions and other board and committee positions must follow the
same practice as defined herein.
(3)
Every effort shall be made by the person who will
conduct the search and hiring to avoid, in the face of equally qualified
candidates, showing favoritism to any person within his or her family.
The term "any person within his or her family" includes a spouse,
dependent children, father, mother, son, daughter, brother, sister,
grandfather, grandmother, grandchildren, all in-laws, stepfather,
stepmother, stepson, stepdaughter, stepbrother, and stepsister.
(4)
In the event that the search, when conducted for a reasonable amount of time, results in finding no qualified nonfamily member, as defined in Subsection B(3) above, the hiring process then may consider recommending family members who are deemed to possess the necessary qualifications. The hiring of a family member, however, shall be limited to employment in departments where no family member is employed. The Town Council of Copake shall approve and sign off on the hiring of any family member.
(5)
The sensitivity and difficulty in abiding by the process
stated above is acknowledged. To that extent, employees, council persons,
board and committee persons who are currently employed by the Town
of Copake shall be grandfathered for the remaining period of their
services. When their position is vacated, filling of the vacancy shall
follow hiring practices as defined herein.
(6)
Officers or employees of the Town of Copake may not
influence any matter that will affect the financial or employment
interest of any person within his or her family as defined herein.
For example, no officer or employee may participate in licensing or
inspection processes involving a family member's business.
C.
Agency.
(1)
Officers or employees may not act on behalf of or
receive compensation from third parties in connection with anything
of direct and substantial interest to the Town of Copake.
(2)
Such officers or employees may not represent any entity
other than the Town of Copake in any matter in which the government
of that Town has an interest. For example, they may not contact other
government agencies on behalf of a company, an association, a friend,
or even a charitable organization.
A.
Nondiscrimination in hiring and/or promotion.
(1)
Officers or employees of the Town of Copake who are
responsible for hiring and/or promotion of employees are enjoined
from discriminating on the basis of race, ethnicity, religion, gender,
sexual orientation, and/or disabilities that would not render them
incapable of performing the duties specified in the job description.
(2)
Officers or employees of the Town of Copake who are
responsible for hiring shall publicly post job openings allowing any
qualified person to apply for the position.
B.
False or deceptive statements and actions.
(1)
An officer, appointee, or employee of the Town of
Copake shall not knowingly make a false or deceptive report or statement
in the course of his or her official duties.
(2)
An officer, appointee, or employee of the Town of
Copake shall not willfully violate or evade any provision of law relating
to his or her office or employment.
C.
Fraudulent acts. An officer, appointee, or employee
of the Town of Copake shall not convert any Town property to his or
her own use or knowingly permit any other person to convert it; nor
shall said officer, appointee, or employee, by gross neglect of duty,
allow the same to be lost to the Town or commit any fraud upon the
Town.
D.
Confidential information. No officer, appointee, or
employee, or any former officer, appointee, or employee of the Town
shall disclose confidential information concerning the property, government,
or affairs of the Town; nor shall be or she use, allow, or make possible
the use of such information to advance the private, financial, or
other interest of him or herself or others.
E.
Disclosure of interests. An officer or employee of
the Town of Copake shall be required to file a statement in the office
of the Town Clerk concerning any office held, or stock or other financial
instrument held by the officer or employee and his or her immediate
family in a bank, finance or similar institution which engages in
business, directly or indirectly, with the Town of Copake. Such statement
shall be in accordance with the financial disclosure section of the
Code of Ethics.
F.
Bribes and gratuities.
(1)
An officer or employee may not ask for or accept any
gifts of value offered in exchange for the officer or employee's agreeing
to perform or not perform an official act.
(2)
An officer or employee many not accept any gift from
anyone with whom he or she has official dealings, including, but not
limited to, sports tickets, costs of drinks and/or meals, travel expenses,
conference fees, entertainment expenses, free use of vacation homes,
complimentary tickets to charitable events, or an honorarium for delivering
a speech related to their official duties.
G.
Abuse of position. An officer or employee may not
use his or her official position to obtain unwarranted privileges
or any type of special treatment for him or herself or for anyone
else. For instance, an officer or employee may not approach his or
her subordinates, vendors whose contracts he or she oversees, or people
who are subject to their official authority to propose private business
dealings.
H.
Sexual harassment and exploitation.
(1)
An officer or employee may under no circumstances
propose or enter into a romantic and/or sexual relationship with a
subordinate.
(2)
An officer or employee shall not engage in any unwelcome
sexually suggestive behavior, either physical or verbal, with other
employees or officers and especially with subordinates; nor will they
post and/or disseminate sexually implicit material; or in other similar
ways contribute to the establishment of a hostile work environment.
(3)
No officer or employee responsible for the hiring
and/or promotion of other officers and employees may suggest explicitly
or implicitly that employment or advancement would be contingent upon
providing sexual favors.
I.
Representation before any agency for contingent fee.
No officer or 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 agency of this municipality, whereby
his or her compensation is to be dependent or contingent upon any
action by such agency with respect to such matter, provided that this
subsection shall not prohibit the fixing at any time of fees based
upon the reasonable value of the services rendered.
J.
Disclosure of interest in legislation. To the extent
that an officer or employee knows thereof, a member of the Town Board
and any officer or employee of the Town of Copake, whether paid or
unpaid, who participates in the discussion or gives official opinion
to the Town Board on any legislation before the Town Board, shall
publicly disclose on the official record the nature and extent of
any direct or indirect financial or other private interest he or she
has in such legislation.
K.
Investments in conflict with official duties. No officer
or employee shall invest or hold any investment directly or indirectly
in any financial, business, commercial or other private transaction
which creates a conflict with his or her official duties.
L.
Private employment. No officer or employee shall engage
in, solicit, negotiate for or promise to accept private employment
or render services for private interests when such employment or service
creates a conflict with or impairs the proper discharge of his or
her official duties.
M.
Future employment. No officer or employee shall, after
the termination of service or employment with such municipality, appear
before any board or agency of the Town of Copake in relation to any
case, proceeding or application in which he or she personally participated
during the period of his or her service or employment or which was
under his or her active consideration.
Any person whose conduct constitutes a violation
of the Code of Ethics is subject to the following disciplinary actions,
civil fines, damages, civil forfeiture or referral to appropriate
authorities for prosecution:
A.
Disciplinary action. After a hearing is conducted
in accordance with due process, the Board of Ethics, in its discretion,
may recommend appropriate disciplinary action including, but not limited
to, a warning, reprimand, suspension or removal from office or employment.
Such disciplinary action may be imposed in addition to any other penalty
contained in the Code of Ethics. Said recommendation of the Board
of Ethics shall be made to the Town Board or such other person or
body authorized by law to impose such disciplinary action. The Board
of Ethics shall conduct and complete the hearing with reasonable promptness,
unless in its discretion the Board of Ethics refers the matter to
the Town Board or such other person or body authorized by law to impose
disciplinary action or the appropriate prosecutor. If such a referral
is made, the Board of Ethics may adjourn the matter pending determination
by the Town Board, person, body, or prosecutor, as the case may be.
B.
Civil fine. In its discretion and after such hearing,
upon the recommendation of the Board of Ethics, the Town Board, pursuant
to the Code of Ethics, may assess a civil fine, not to exceed $100
for each violation, upon any Town officer or municipal employee found
by the Board of Ethics to have violated the Code of Ethics. The Town
Board shall conduct and complete the civil fine hearing with reasonable
promptness. The subject Town officer or employee may be present and
shall have the right to be represented by an attorney at the civil
fine hearing, which hearing shall not be open to the public. The civil
fine shall be payable to the Town. A civil fine may be imposed in
addition to any other penalty contained in any other provision of
the law or the Code of Ethics.
C.
Damages. Any Town officer or municipal employee who
violates any provision of the Code of Ethics shall be liable in damages
to the Town of Copake for losses or increased costs incurred by the
Town as a result of the violation. The Town Board may initiate an
action in the court of appropriate jurisdiction to obtain said damages.
Such damages may be imposed in addition to any other penalty contained
in any others provision of the law or in the Code of Ethics.
D.
Civil forfeiture. Any Town officer or municipal employee
who intentionally or knowingly violates any provision of the Code
of Ethics may be subject to civil forfeiture to the Town in a sum
equal to three times the value of any financial benefit he or she
received as a result of the conduct that constituted the violation.
A civil forfeiture may be imposed in addition to any other penalty
contained in any other provision of law or in the Code of Ethics.
E.
Injunctive relief. The Town Board on behalf of the
Town may initiate an action or special proceeding, as appropriate,
in a court of appropriate jurisdiction for injunctive relief to enjoin
a violation of the Code of Ethics or to compel compliance therewith.
F.
Prosecutions. The Town Board may refer to the appropriate
prosecutor possible criminal violations of this chapter. Nothing contained
in this chapter shall be construed to restrict the authority of any
prosecutor to prosecute any person violating the Code of Ethics or
any other law. Any person, firm or corporation who is guilty of a
violation of this chapter shall, upon conviction thereof, be subject
to a fine of not more than $250 or imprisonment for a term of not
more than 15 days, or both. Each day after notice that a violation
continues shall be deemed a separate offense.
A.
Purpose. The Town of Copake is committed to ensuring
that elected and appointed officials and employees carry out their
positions in an ethical, honest and lawful manner.
B.
Policy statement. It is the policy of the Town of
Copake to encourage the reporting by its employees and its citizens
of improper governmental action taken by Town officers and employees.
It is further the policy to protect any person who has reported improper
or alleged improper governmental actions, and further, this policy
encourages the reporting of retaliatory actions for such reporting
of alleged improper actions. An employee who retaliates against someone
who has reported a violation in good faith is subject to discipline.
C.
Procedures for reporting allegations of wrongdoing.
(1)
All employees, officials, appointees and citizens
have an obligation to report, or cause to be reported, and to assist
in any investigation regarding, but not limited to, the following:
illegal or fraudulent activity; financial/accounting misstatements;
conflicts of interest; violations of the standards of conduct in the
Code of Ethics; sexual harassment; discrimination of any kind; misuse
of assets of the Town of Copake; violations of procurement policies;
and improper or illegal violation of any other laws of the Town of
Copake.
(2)
The method of reporting may be by a verbal or written
complaint to an employee's supervisor who may resolve the matter directly
with the complainant; or a written complaint directed only to the
Board of Ethics by delivering or mailing said complaint to the Board
of Ethics confidential mail box at the Town Hall.
(3)
The Board of Ethics shall investigate the matter and
render a decision as to whether the matter is an ethics violation
and, if so, the Board shall set a recommended disciplinary action
consistent with the severity of the misconduct and advise those involved
of such action.
If any part or provision of this chapter or
the application thereof to any person or organization is adjudged
by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such judgment shall not affect or impair any other part or
provision or the application thereof to any other person or organization,
but shall be confined in its operation to such part or provision.