[HISTORY: Adopted by the Town Board of the Town of Washington 10-13-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
Officers and employees of the Town of Washington 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 chapter establishes those standards
by amending and restating the Code of Ethics previously adopted by
the Town of Washington on June 14, 2012.
As used in this chapter, the following terms shall have the
meanings indicated:
The governing board of the Town of Washington and any Town
of Washington administrative board (e.g., Planning Board, Zoning Board
of Appeals, Board of Assessment Review, Board of Ethics, Conservation
Advisory Commission, Comprehensive Plan Review Committee), commission,
or other agency or body comprised of two or more municipal officers
or employees.
This chapter.
Defined in § 33-17.
Any action or decision that requires the use of judgment.
For example, awarding professional service contracts or voting to
approve or deny applications for zoning variances require the exercise
of discretion. As another example, the issuance of a hunting or fishing
license does not require the exercise of discretion.
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, domestic partner 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.
A paid or unpaid officer or employee of the Town of Washington,
including, but not limited to, the members of any elected or appointed
municipal board.
The Town of Washington. The word "municipal" refers to the
municipality.
A spouse, domestic partner, 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.
Town of Washington.
The Town Board of the Town of Washington.
This chapter applies to all municipal officers and employees
and shall supersede any prior municipal code of ethics. The provisions
of this chapter 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 Washington.
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, a customer or client,
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, a customer or client, 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 and recuse himself or herself as required by § 33-6.
B.
The disclosure and recusal shall be made when the matter requiring
disclosure and recusal 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.
Disclosures made pursuant to this § 33-5 shall be made in writing on the form set forth as Schedule A hereto[1] and shall be promptly filed with the Board of Ethics.
In the case of a person serving in an elective office, the disclosures
shall also 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.
[1]
Editor's Note: Schedule A is on file in the Town offices.
A.
In addition to the disclosure requirements set forth in § 33-5, 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/or 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, a customer or client, or any private organization in which he or she is deemed to have an interest. In the case of any such recusal by a member of the Town Board or other municipal board, such recusal shall be made publicly at a meeting of the municipal board and be included in the minutes of the meeting, but the specific reason for the recusal need not be disclosed at such meeting.
B.
In the event that this § 33-6 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; 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.
No municipal officer or employee may acquire or retain the following
investments:
B.
This section does not prohibit a municipal officer or employee from
acquiring or retaining any other investments, specifically including
but not limited to the following assets:
(1)
Real property located within the municipality and exclusively 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.
All municipal officers and employees should refrain from conduct
that creates an appearance of impropriety, which means giving the
reasonable impression that he or she will exercise or perform his
or her official duties on the basis of family, private business, or
social relationships, or any consideration other than the welfare
of the Town of Washington.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment
or other enterprise, including the rendition of any business, commercial,
professional, or other types of services, when the employment or services:
A.
Can be reasonably expected to require more than sporadic recusal pursuant to § 33-6 of this chapter;
B.
Can be reasonably expected to require disclosure or use of confidential
information (as defined in this chapter) gained by reason of serving
as a municipal officer or employee;
C.
Violates § 805-a, Subdivision 1c 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
six months 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 has served.
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 chapter 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, real estate, facilities, 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 subsection shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or written 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
with the Town of Washington that is prohibited by § 801
of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the Town of Washington 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 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, 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. For purposes of this chapter,
"confidential information" means any nonpublic information acquired
in the course of exercising or performing official duties that is
not required by law to be disclosed to the public.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a, Subdivision 1, of the General
Municipal Law as interpreted in this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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.
All municipal officers and employees have a duty to uphold the
standards set forth in this chapter. Obstruction of, or failure to
reasonably cooperate with, any inquiry or investigation by the Board
of Ethics shall be a violation of this chapter.
A.
Any municipal officer or employee who engages in any action that
violates any provision of this chapter may be warned, reprimanded,
suspended or removed from office or employment, or be subject to any
other sanction authorized by law or collective bargaining agreement,
by the Town Board or other appointing authority or person or body
authorized by law to impose such sanctions. A warning, reprimand,
suspension, removal, or other authorized sanction may be imposed in
addition to any other penalty contained in this chapter or in any
other provision of law. In its discretion, the Board of Ethics may
make recommendations regarding the matter to the Town Board or other
authority or person or body authorized by law to impose disciplinary
action or refer the matter to the appropriate prosecutor.
B.
Any municipal officer or employee who violates any provision of this
chapter may be subject to a civil fine of up to $500 for each violation.
Such civil fine may be imposed by the Town Board after a finding of
a violation by the Town Board and shall be payable to the Town of
Washington.
C.
Any resident, officer, or employee of the Town of Washington or the
Town Board may initiate an action or special proceeding, as appropriate,
in the court of appropriate jurisdiction for injunctive relief to
enjoin a municipal officer or employee of the Town of Washington from
violating this chapter or to compel an officer or employee of the
Town of Washington to comply with the provisions of this chapter.
In lieu of, or in addition to, injunctive relief, the action or special
proceeding, as appropriate, may seek a declaratory judgment.
A.
There is hereby established a Board of Ethics for the municipality.
The Board of Ethics shall consist of five 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. All members must
be residents of the Town. The members of such Board of Ethics shall
be appointed by the Town Board for three-year terms and receive no
salary or compensation for their services as members of the Board
of Ethics. Consecutive service on the Board of Ethics shall not exceed
three full terms.
B.
No member of the Board of Ethics shall hold office in a political
party or act as a lobbyist.
C.
When a vacancy occurs in the membership of the Board of Ethics, the
vacancy shall, within 60 days, be filled for the unexpired portion
of the term in the same manner as the original appointment. Any person
appointed to fill a vacancy on the Board of Ethics shall meet the
qualifications set forth in this section.
D.
A member of the Board of Ethics may be removed from office in the
same manner in which he or she was appointed, after written notice
and opportunity for reply. Grounds for removal shall be failure to
meet the qualifications set forth in this section, substantial neglect
of duty, gross misconduct in office, inability to discharge the powers
or duties of office, or violation of this chapter.
E.
The Board of Ethics shall elect a Chair from among its members. A
majority of the Board of Ethics shall be required for such Board to
take any action. The Chair or a majority of the Board of Ethics may
call a meeting of such Board.
F.
The Town Attorney shall serve as counsel to the Board of Ethics,
except in any matter where the Board of Ethics or such attorney determines
that he or she is unable to serve due to a conflict of interest or
lack of subject matter expertise. In such event, the Board of Ethics
may retain separate counsel of its choosing at Town expense.
A.
The Board of Ethics may act only with respect to officers and employees
of the Town of Washington. The termination of a municipal officer
or employee's term of office or employment with the Town of Washington
shall not affect the jurisdiction of the Board of Ethics with respect
to the requirements imposed on him or her by this chapter while in
office.
B.
The Board of Ethics shall possess, exercise, and enjoy all the rights,
powers, and privileges necessary and proper to the administration
of this chapter, including but not limited to the following powers
and duties:
(1)
To prescribe and promulgate rules and regulations governing its own
internal organization and procedures, including the conduct of investigations
and hearings, in a manner consistent with this chapter;
(4)
To review and dispose of complaints and to conduct related investigations and hearings pursuant to § 33-23; and
(5)
To provide training and education to Town of Washington officers
and employees on Article 18 of the General Municipal Law and this
chapter, and to make information concerning Article 18 of the General
Municipal Law and this chapter available to the public and to persons
interested in doing business with the Town of Washington.
C.
The Board of Ethics shall render advisory opinions to the officers
and employees of the Town of Washington with respect to Article 18
of the General Municipal Law and this chapter. Such advisory opinions
must be rendered pursuant to the written request of any such officer
or employee under such rules and regulations as the Board of Ethics
may prescribe.
D.
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. It is anticipated that the entire Code
of Ethics shall be reviewed by the Board of Ethics for potential revisions
at least once every five years. The Board of Ethics may also make
other recommendations to the Town Board in support of the goals of
this chapter.
A.
The Board of Ethics may accept from the general public, any of its
own members, or any municipal officer or employee a complaint of an
actual or potential conflict of interest or an actual or potential
Code of Ethics violation involving any municipal officer or employee.
Complaints must be made in writing. Complaints should remain confidential
with the Board of Ethics to the extent permitted by law, but such
complaints may nonetheless be disclosed if there has been a finding
of a violation of this chapter. In addition, complaints may be disclosed
to the Town Board and others who the Board of Ethics determines, in
its discretion, have a need to know the disclosed information.
B.
Upon receipt of a complaint by any person alleging a violation of
this chapter, or upon determining on its own initiative that a violation
of this chapter is occurring or may have occurred, the Board of Ethics
shall have the power and duty to conduct any investigation necessary
to carry out the provisions of this chapter. In conducting any such
investigation, the Board of Ethics may administer oaths or affirmations,
subpoena witnesses, compel their attendance, and require the production
of any books or records which it may deem relevant and material.
C.
Nothing in this section shall be construed to permit the Board of
Ethics to conduct an investigation of itself or of any of its members.
If the Board of Ethics receives a written complaint alleging that
such Board or any of its members has violated any provision of this
chapter, or any other law, the Board of Ethics shall promptly transmit
to the Town Board a copy of such complaint.
A.
The only records of the Board of Ethics which shall be available
for public inspection are those whose disclosure is required by Article
6 of the Public Officers Law of the State of New York or by some other
state or federal law or regulation.
B.
No meeting or proceeding of the Board of Ethics concerning misconduct,
nonfeasance, or neglect in office by a Town of Washington officer
or employee shall be open to the public, except upon the request of
the officer or employee or as required by the provisions of Article
7 of the Public Officers Law or by some other state or federal law
or regulation.
A.
The Town Supervisor must promptly cause a copy of this chapter, a
copy of any amendment to this chapter, and a copy of New York State
General Municipal Law, §§ 800 through 809, to be posted
publicly and conspicuously in each building under the municipality's
control. This chapter must be posted within 10 days following the
date on which this chapter takes effect. An amendment to this chapter
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 chapter, including
any amendments to this chapter, to be distributed to every person
who is or becomes an officer and employee of the Town of Washington.
C.
Every municipal officer or employee who receives a copy of this chapter
or an amendment to this chapter must, in writing, acknowledge such
receipt and truthfully certify that, to the best of his or her knowledge,
he or she is in compliance with this chapter. In addition, once each
calendar year, every municipal officer or employee shall truthfully
certify in writing that, to the best of his or her knowledge, he or
she is in compliance with this chapter. Such acknowledgments and certifications
must be filed with the Town Clerk who must maintain such records as
public records.
D.
The failure to post this chapter or an amendment to this chapter
does not affect either the applicability or enforceability of this
chapter or the amendment. The failure of a municipal officer or employee
to receive a copy of this chapter or an amendment to this chapter,
or to acknowledge receipt thereof in writing, does not affect either
the applicability or enforceability of this chapter or amendment to
this chapter.
This chapter takes effect on the date of adoption by the Town
Board.
