[HISTORY: Adopted by the Town Board of the
Town of Chenango 6-14-2023 by L.L. No. 4-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 5,
Ethics, Code of, adopted 9-21-1970 by resolution, as amended.
Officers and employees of the Town of Chenango 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 of Chenango 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:
Every motion or resolution adopted by the Board of Ethics
requires the affirmative vote of a majority of all the members of
the Board. An abstention is not an affirmative vote in favor of the
application, and, to the extent that it cannot be counted as an affirmative
vote, its effect is a negative vote for purposes of compliance with
statutory majority voting requirements.
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.
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, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
Town of Chenango. The word "municipal" refers to the municipality.
A paid or unpaid officer or employee of the Town of Chenango,
including, but not limited to, the members of any municipal board.
Where recusal is required, the Board of Ethics member in
question must refrain from deliberating and voting on the application
or matter by leaving the room during the deliberation and voting.
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 Chenango 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 Chenango.
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.
In
the case of a person serving in an elective office, the disclosure
shall be filed with the governing board of the municipality. In all
other cases, 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 to 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.
D.
If
the Board of Ethics determines that an ethics violation has occurred,
the decisions made by the governing body after the disclosure was
required to be made, the Board of Ethics shall advise the governing
body to null and void those decisions.
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.
(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.
C.
If
a member recuses him or herself from a matter he/she will:
(1)
Remove him or herself from that segment of the meeting wherein the
matter is to be discussed by leaving the meeting place and avoid all
future discussion of the matter.
(2)
Receive no further information regarding the matter.
(3)
Receive copies of minutes of the meeting containing deletions so
as to not disclose the matter to the member, except for those matters
that are part of any public proceeding or meeting.
A.
This code's prohibition on use of a municipal position (§ 5-4), disclosure requirements (§ 5-5), and requirements relating to recusal and abstention (§ 5-6), 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 § 5-6 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
30 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.
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.
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 m 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, 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.
(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.
E.
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.
There is hereby established a Board of Ethics for the municipality.
The Board of Ethics shall consist of three members, a majority of
whom shall not be officers or employees of the municipality, but at
least one of whom must be a municipal officer or employee. The members
of such Board of Ethics shall be appointed by the Town of Chenango,
serve at the pleasure of the appointing authority, and receive no
salary or compensation for their services as members of the Board
of Ethics.
B.
The Board of Ethics shall render advisory opinions to the officers
and employees of the Town of Chenango with respect to Article 18 of
the General Municipal Law and this code. Such advisory opinions must
be rendered pursuant to the written request of any person under such
rules and regulations as the Board of Ethics may prescribe. The Board
of Ethics shall have the advice of legal counsel employed by the Board
that is independent of the municipality's legal counsel. In addition,
the Board of Ethics may make recommendations to the Town Board with
respect to the drafting and adoption of a code of ethics, or amendments
thereto.
C.
Any person may file with the Board of Ethics a confidential written
complaint of an alleged violation of this code. The complaint shall
be in writing, must include the complainant's name, address and
phone number, along with the detail and documentation, if any, of
the facts alleged to constitute the violation(s), or the condition(s)
that exists, and shall be signed by the complainant. Such confidential
written complaint shall not be subject to the freedom of information
laws. The Board of Ethics shall investigate all such confidential
written complaints. The Board of Ethics shall not disclose the name
of the person filing the complaint unless there is to be a public
hearing concerning the complaint, an action at law is commenced on
behalf of the Town of Chenango with respect to such complaint or the
matter is referred to the District Attorney.
D.
The term of office for Board of Ethics members shall be five years,
except for the first three appointees whose terms started January
1, 2023. The term of these members shall be for one year, two years,
and three years. No member shall serve more than two consecutive terms.
E.
Meetings shall be conducted under the procedures governing Open Meeting
Laws and minutes shall be kept for every meeting. It is recognized
that reputations of municipal officer or employee's can be wrongfully
tarnished by false or misleading complaints. Therefore, to the extent
allowed by law, the Board of Ethics shall be exempt from the Freedom
of Information Law and from the Open Meetings Law when reviewing complaints.
Discussions held in executive session shall remain confidential and
will not be disclosed.
F.
The Board of Ethics shall be empowered to request support staff assistance
from the chief elected official in furtherance of its duties and responsibilities.
G.
Should a vacancy in the Board of Ethics arise, the Town Board shall
appoint a new member to serve out the remainder of the term.
H.
Any member of the Board of Ethics may be removed by the Town Board
for substantial neglect of duty, gross misconduct in office, inability
to discharge the powers or duties of his or her office or violation
of this code. Prior to removal, the Board of Ethics member shall be
given written notice of the grounds for removal and an opportunity
to reply.
A.
The Town Supervisor 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 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 Chenango.
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 Clerk of the municipality
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.
Every municipal officer or employee shall be subject to and
abide by the following ethical principles.
A.
No municipal officer or employee shall consume alcoholic beverages
or illegal drugs during working hours. No Town representative should
report to work under the influence of alcohol or illegal drugs.
B.
No municipal officer or employee, while carrying out responsibilities
of their Town position, shall be in the possession of a deadly weapon
as defined in § 10:00, Subdivision 12, of the NYS Penal
Law.
C.
Procurement of goods and services should be conducted in accordance
with Town of Chenango's procurement policies and guidelines.
Procurement transactions should be conducted fairly and decisions
made objectively without favoritism.
D.
It is each municipal officer or employee's responsibility to
avoid situations that present conflicts of interest, including the
perception of impropriety. If a Town representative has a question
regarding conflict of interest matters, they should seek advice from
the municipality's legal counsel and/or the Board of Ethics.
Town governance should be mindful of activity that may create a potential
for conflict of interest situations and should take necessary steps
to mitigate such situations.
E.
While performing his or her official powers or duties, it is each
municipal officer or employee's responsibility to conduct themselves
in an ethical manner that ensures the Town of Chenango provides services
of the highest standards and creates an environment that reflects
the following fundamental principles:
F.
It is each municipal officer or employee's responsibility to
read this code, to understand it, and to comply with it, as well as
to report any potential violations of the code to the Board of Ethics.
G.
There shall not be any form of retaliation for reporting a misconduct
or conflict of interest concern or for supplying information about
a misconduct concern.
The Board of Ethics shall provide annual ethics compliance training
to the Town of Chenango's officers and employees, including an
overview of the code of ethics and whistleblower provisions.
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.
