Town of Red Hook, NY Code of Ethics

Conflicts prohibited. A Town officer or employee shall not use his/her official position or office or take or fail to take any action in a matter that he/she knows or has reason to know may provide a personal financial benefit or secure unwarranted privileges or exemptions for any of the following persons:

(1)

A Town officer or employee;

(2)

His/her outside employer, employee or business;

(3)

A family member of the officer or employee;

(4)

A customer or client.

Appearance of impropriety. A Town officer or employee must avoid circumstances that compromise his or her ability to make decisions solely in the public interest or that violate the spirit or intent of this Ethics Code.

Recusal and disclosure.

(1)

A Town officer or employee shall promptly recuse himself/herself from acting on a matter before the Town when acting on the matter, or failing to act on the matter, may benefit the persons listed above, or give the reasonable appearance of a conflict of interest or impropriety.

(2)

Whenever a Town officer or employee is required to recuse, he/she must not deliberate, vote or participate in any way in such matter, and should physically step down from the board while the matter is being discussed or deliberated. The officer or employee should disclose the apparent conflict on the record of his or her board or in writing filed with the Town Clerk, and refrain from further participation in the matter.

(3)

The Town of Red Hook purposely goes further than Article 18 of the General Municipal Law of the State of New York in the exclusion of participation and prohibition of voting of Town officers or employees who are directors, trustees, employees, consultants, or third-party contractors of any corporation, volunteer or membership organization, partnership or sole proprietary business, where such participation or vote involves a resolution, ordinance, local law, or amendment to such legislation, grant application, special use permit or subdivision application that results in any form of financial impact, developmental benefit or usage restriction for any such person or entity. Where the recusal results from the position of the board member as a director, trustee, employee or consultant of a not-for-profit corporation, volunteer or membership organization, however, the member shall be permitted to provide such information and assistance as may be requested by the Board.

Gifts.

(1)

A Town officer or employee shall not accept or solicit any gift valued over $75, whether financial or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence such Town officer or employee in the performance of his/her official duties or was intended to be an award for any official action on his/her part. A Town officer or employee shall not request or accept anything from any person or entity other than the Town for doing his or her municipal job.

(2)

The following are examples of what can be accepted:

(a)

Reasonable and customary presents given on special occasions;

(b)

Gifts given by someone based on a personal or family relationship;

(c)

An invitation to attend a personal or private event with no connection to the Town; meals received when the officer or employee serves as a participant or speaker in a job-related professional or educational program and meals are available to all participants;

(d)

Modest items of food or refreshment offered other than as part of a meal;

(e)

Unsolicited advertisement or promotional material of little intrinsic value;

(f)

Most awards and plaques presented in recognition of service;

(g)

Rewards or prizes given to competitors in contests or events, including random drawings open to the public;

(h)

Under some circumstances, meals, entertainment or hospitality, but not travel or lodging, from an applicant, vendor or contractor of the Town when participation in an event is for a Town purpose and related to official duties, that is, when participation will further Town programs, and the event is widely attended.

Representation before one's own board. A Town officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to:

(1)

Any matter before such officer or employee;

(2)

Before any board of which the Town officer or employee is a member; or

(3)

Before any Town officer or employee or board over which he or she has jurisdiction or which he or she has power to appoint any officer or employee.

Representation in litigation. A Town officer or employee shall not represent any private interest in any litigation in which the Town of Red Hook is a party or complainant.

Representation before another board of the Town. A Town officer or employee 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 board, officer or employee of the Town where compensation is to be dependent or contingent on the outcome. This section does not prohibit the fixing of fees based upon the reasonable value of services rendered.

Confidential information. A Town officer or employee shall not disclose confidential information gained by reason of his/her official position or authority or use such information for any nonmunicipal purpose, even after leaving municipal service.

Political solicitation. A Town officer or employee shall not request or authorize anyone else to request any subordinate of the officer or employee to participate in an election campaign or contribute to a political committee.

Revolving door. For a period of one year after termination of his/her term of office or employment with the Town, other than acting on behalf of himself/herself, no former Town official or employee may appear before any boards and commissions on which the former official or employee has represented the Town, in relation to any matter upon which he/she has had discretionary power during his/her term of office or employment with the Town, unless requested to provide information by the applicable board or commission. This prohibition shall include any appearance that would be prohibited while the officer or employee was in office.

Avoidance of conflicts. Town officers and employees shall not knowingly acquire, solicit, negotiate, or accept any interest, employment, or anything of value that would put them in violation of this Code of Ethics.

Inducement of others. No person or entity shall induce or aid an officer or employee of the Town to violate any of the provisions in this Code of Ethics.

Investments. A Town officer or employee shall not invest or hold any investment directly or indirectly in any business, financial, commercial or other private transaction that would create a conflict with his or her official duties.

Nepotism.

(1)

Every applicant related to a Town officer or employee shall disclose such relationship in his or her application. Every Town officer or employee related to any person seeking employment with the Town shall disclose such relationship as provided in this section.

(2)

Any officer or employee of the Town related to any person(s) seeking employment or making application before such officer or employee's board or department shall disclose such relationship as provided in this section.

(3)

For purposes of this provision on nepotism, "related" shall mean a family member of the officer or employee, and any other relative by blood, marriage or adoption closer in degree than first cousin. Disclosure required by this section shall be made in writing filed with the Town Clerk and the person or board with appointing authority.

Use of public property. No officer or employee shall request or permit the use of Town-owned vehicles, equipment, materials or property, or Town letterhead or personnel for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such officer or employee in the conduct of official duties.