[HISTORY: Adopted by the Town Board of the
Town of Bedford 7-16-1985. Amendments noted where applicable.]
It is the policy of the Town of Bedford and
the purpose of this chapter to establish standards and guidelines
for ethical conduct of officials and employees. Though assurance of
such conduct will continue to rest primarily on personal integrity
and community vigilance, provisions of standards are another step
toward providing the highest caliber of public administration for
the town, government decisions arrived at impartially and free of
conflict of interests, and increased confidence in public officials.
It is also the purpose of this chapter to protect officials and employees
from unwarranted assaults on their integrity by separating real conflict
from the inconsequential, recognizing that for local government to
attract and hold competent administrators, public service must not
require a complete divesting of all proprietary interests.
[1]
Editor's Note: Former Ch. 12, Ethics, Code
of, adopted 12-15-1970 by resolution, was repealed 7-16-1985.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person (not a town employee), entity or person designated
by such entity who is compensated by the Town of Bedford for providing
advisory services to the town, its boards, commissions, districts
and other agencies.
The Town of Bedford and all boards, courts, commissions,
districts, departments and other agencies thereof.
Any officer or employee of the Town of Bedford, its boards,
commissions, districts and other agencies, whether full or part-time,
whether compensated or not.
[Amended 5-20-2008 by L.L. No. 5-2008]
A.
No paid Town official, consultant or member of the
Town Board, Planning Board, Zoning Board of Appeals, Conservation
Board, Wetlands Control Commission or Board of Assessment Review shall
represent or advocate any private interests (other than himself or
herself) before any Town agency or court or in any transaction with
the Town or any agency thereof. No appointed official shall represent
any private interest before the board or agency on which that official
serves.
B.
Matters resulting in material benefit; insubstantial
interest.
(1)
No Town official, employee or consultant shall participate
in the consideration of, vote on, administer or act in an official
capacity in connection with a matter in which that person (or his
spouse or minor children) has an interest and which may result in
direct or indirect material benefit to the person or spouse or minor
children.
(2)
Ownership of less than 5% of the stock of, or employment by, an entity whose dealings with the Town form an insubstantial part of its activities and those of the Town and in which the official, employee, consultant or family member has no direct connection with such activities shall not per se be construed as a prohibited interest. However, such interest shall be disclosed in accordance with § 12-4 of this chapter.
C.
No Town official or employee shall, directly or through an entity of which he or she is an employee or owner, sell goods or services (other than through employment) to the Town. Ownership or employment as described in Subsection B(2) above shall not per se constitute a prohibited transaction.
D.
No Town official, employee or consultant shall, during
and within two years after the termination of service or employment,
accept employment which will involve contacts with the Town which
can work to special advantage by virtue of his or her contact and
relationship with the Town or which during such service will conflict
with the proper discharge of Town duties.
E.
No Town official, employee or consultant shall, by
conduct, give reasonable basis that any person can improperly influence
him or unduly enjoy his or her favor in the performance of official
duties or that he or she is affected by the kinship, rank, position,
or favors (or gifts) of any party or person.
F.
No Town official, employee or consultant shall directly
or indirectly, solicit any gift, or accept or receive any gift whether
in the form of money, service, loan, travel, entertainment, hospitality,
thing or promise, or in any other form while exercising, or in relation
to, their official duties or from persons with an official relationship
with the Town.
G.
No Town official or employee shall permit the use
of any Town property for personal convenience or profit or secure
privileges or exemptions, except when such activity is available to
Town citizens generally or is provided as a matter of Town policy.
H.
No Town official, employee or consultant shall use
any information received in the course of Town duties to further his
or her pecuniary interests, nor shall that person divulge to others
any such information not available to the general public.
A.
Pursuant to § 806 of the General Municipal
Law, the Supervisor shall cause a copy of this Code of Ethics to be
distributed to each official, employee and consultant of the town.
Each employee shall acknowledge, in writing, that he has received,
read and understood the Code of Ethics. Failure to distribute or receive
such copy shall have no effect on the duty of compliance with such
Code or on its enforcement.
B.
Any official, employee or consultant who has a direct
or indirect financial or other interest in any proceeding or in any
proposed action or legislation under consideration by an agency or
department of the town or in any property which may be affected by
such proceeding shall publicly disclose the nature and extent of this
interest on the record of the agency or department before which such
proceeding is pending and shall file a copy of such disclosure with
the Town Clerk. The Town Board shall review such disclosures.
C.
Any applicant for a change of zoning, variance, permit,
site plan approval, subdivision or other permission, pursuant to the
zoning and planning regulations of the town, shall disclose with the
application the name and nature and extent of the interest of any
town employee, official or consultant in the application or in the
applicant, pursuant to § 809 of the General Municipal law.
A.
A local Board of Ethics is hereby established pursuant
to § 808 of the General Municipal Law, consisting of five
members appointed by the Town Board. One (1), and only one (1), member
shall be a town official or employee. No more than two (2) members
of the Board shall be enrolled in the same political party. Members
shall be residents of the Town of Bedford and shall serve without
compensation and for five-year terms, except that initially one (1)
member shall be appointed for five (5) years, one (2) for four (4)
years, one (1) for three (3) years, one (1) for two (2) years and
one (1) for one (1) year. The Board of Ethics shall appoint one (1)
of its members as Chairman.
B.
The Board of Ethics shall render, in writing, to the
Town Board advisory opinions with respect to the interpretation and
application of this chapter or of Article 18 of the General Municipal
Law. Such opinions shall be rendered at the written request of the
Town Board or of an official or employee who wishes such opinion on
his own actions or situation. The Town Board shall refer written,
documented and sworn complaints to the Board of Ethics. Opinions of
the Board of Ethics shall be solely for the guidance of the official
or employee involved, the Town Board and the Town Attorney.
C.
The Board of Ethics may prescribe rules and regulations
governing its own internal organization and procedures in a manner
consistent with this chapter and with the General Municipal Law.
D.
The Board of Ethics may make recommendations to the
Town Board with respect to amendments to or administration of this
Code of Ethics.
E.
The Board of Ethics shall have only such other powers
and duties prescribed by § 808 of the General Municipal
Law.
In addition to any penalty contained in any
other provision of law, any such town employee who shall knowingly
and intentionally violate any of the provisions of this chapter may
be fined, suspended or removed from office or employment in the manner
provided by law.
A.
No existing right or remedy shall be lost, impaired
or affected by reason of this chapter.
B.
Nothing in this chapter shall be construed so as to
reduce or weaken or conflict with the provisions of Article 18 of
the General Municipal Law.
C.
If any provision of this chapter should be held by
a court of competent jurisdiction to be invalid, such decision shall
not affect the validity and effectiveness of the remaining portions
of the chapter.
A.
Within thirty (30) days of the adoption of this chapter,
the Town Clerk shall file a copy thereof in the office of the State
Comptroller.
