[HISTORY: Adopted by the Common Council of the City of Hudson 4-21-1998
by L.L. No. 4-1998 (Ch. 10 of the 1973 Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Common Council of the City of Hudson recognizes that there are rules
of ethical conduct for public officers and employees which must be observed
if a high degree of moral conduct is to be obtained and if public confidence
is to be maintained in our unit of local government. It is the purpose of
this chapter to promulgate these rules of ethical conduct for the officers
and employees of the City of Hudson, the Hudson Community Development and
Planning Agency and the City of Hudson Industrial Development Agency. These
rules shall serve as a guide for official conduct of the officers and employees
of the City of Hudson, the Hudson Community Development and Planning Agency
and the City of Hudson Industrial Development Agency. 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.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
A direct or indirect pecuniary or material benefit accruing to a
municipal officer or employee, or an entity deriving material benefit through
the municipal officer or employee, unless the context otherwise requires.
[1]An officer or employee of the City of Hudson, the Hudson Community
Development and Planning Agency or the City of Hudson Industrial Development
Agency, whether paid or unpaid, 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 chief or assistant chief.
Every municipal officer or employee shall be subject to and abide by
the following standards of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift having a value of $75 or more, whether in the form of money, services,
loan, travel, entertainment, hospitality, thing or promise or any other form,
under circumstances in which it could reasonably be inferred that the gift
was intended to influence him, or could reasonably be expected to influence
him, in the performance of his official duties, or was intended as a reward
for any official action on his part.[1]
B.
Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or use such
information to further his personal interest.
C.
Representation before one's own agency. He shall not
receive or enter into any agreement, express or implied, for compensation
for services to be rendered in relation to any matter before any municipal
agency of which he is an officer, member or employee or any municipal agency
over which he has jurisdiction or to which he has the power to appoint any
member, officer or employee.
D.
Representation before any agency for a contingent fee.
He shall not 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 his municipality, whereby his 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.
E.
Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Common Council or any municipal officer
or employee, whether paid or unpaid, who participates in the discussion or
gives official opinion to the Common Council or any municipal officer or employee,
on any legislation before the Common Council or any municipal officer or employee,
shall publicly disclose on the official record the nature and extent of any
direct or indirect financial or other private interest he has in such legislation.
F.
Investments in conflict with official duties. He shall
not invest or hold any investment directly or indirectly in any financial,
business, commercial or other private transaction which creates a conflict
with his official duties.
G.
Private employment. He shall not 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 official duties.
H.
Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any board or
agency of the City of Hudson, the Hudson Community Development and Planning
Agency or the City of Hudson Industrial Development Agency in relation to
any case, proceeding or application in which he personally participated during
the period of his service or employment or which was under his active consideration.
I.
Prospective employees. New prospective municipal officers
and employees shall disclose any potential conflict of interest which exists
at the time of appointment or election, and such conflict of interest must
be eliminated as a condition of appointment. The appointing authority must
make specific findings in this regard if a prospective employee discloses
a potential conflict of interest.
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 City of Hudson, the Hudson Community Development and Planning
Agency or the City of Hudson Industrial Development Agency, 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 Mayor of the City of Hudson shall cause a copy of this Code of Ethics
to be distributed to every officer and employee of the said City of Hudson.
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 of provisions thereof.
