[HISTORY: Adopted by the Town Board of the Town of Philipstown 12-4-1970
as L.L. No. 1-1970. Section 21-6A amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 17.
The Town Board of the Town of Philipstown recognizes that there are
state statutory provisions mandating towns to establish rules and standards
of ethical conduct for public officers and their employees,[1] which, if observed, can enhance public confidence in local government
and tend to assure a high caliber of public administration. It is the purpose
of this chapter to implement this objective. The standards, prohibited acts
and procedures established herein are in addition to any prohibited acts,
conflict-of-interest provisions or procedures prescribed by statute or by
common law rules and judicial decisions relating to the conduct of municipal
officers.
[1]
Editor's Note: See § 806 of the General Municipal Law.
As used in this chapter, the following terms shall have the meanings
indicated:
Any board, commission, agency, department or unit of the government
of the Town of Philipstown.
Any officer or employee of the Town of Philipstown, whether paid
or unpaid, whether serving in a full-time, part-time or advisory capacity.
No town employee shall have any interest, financial or otherwise, direct
or indirect, or engage in any business or transaction or professional activity
or incur any obligation of any nature which is in substantial conflict with
the proper discharge of his duties in the public interest.
No town employee shall:
A.
Directly or indirectly solicit any gift, or accept or
receive any gift having a value of $25 or more, whether in the form of money,
service, loan, travel, entertainment, hospitality, thing or promise, or in
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.
B.
Disclose confidential information acquired by him in
the course of his official duties or use such information to further his personal
interests.
C.
Receive or enter into any agreement, express or implied,
for compensation for service to be rendered in relation to any matter before
any municipal agency for which he is an officer, member or employee or of
any municipal agency over which he has jurisdiction or to which he has the
power to appoint any member, officer or employee.
D.
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.
Accept other employment which will impair his independence
of judgment in the exercise of his official duties.
F.
Use or attempt to use his official position to secure
unwarranted privileges or exemptions for himself or others.
G.
Engage in any transaction as representative or agent
of the town with any business entity in which he has a direct or indirect
financial interest that might reasonably tend to conflict with the proper
discharge of his official duties.
H.
By his conduct give reasonable basis for the impression
that any person can improperly influence him or unduly enjoy his favor in
the performance of his official duties or that he is affected by the kinship,
rank, position or influence of any party or person.
I.
Pursue a course of conduct which will raise suspicion
among the public that he is likely to be engaged in acts that are in violation
of his trust.
J.
After termination of service or employment with the town,
appear before any board or agency of the town in relation to a case, proceeding
or application in which he participated during his period of service or employment.
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.
There is hereby established a Board of Ethics to consist
of at least three members which shall be appointed by the Town Board, all
of whom shall reside in the Town of Philipstown and who shall serve without
compensation. Said Board shall be appointed from time to time to serve at
the pleasure of the Town Board for the purposes designated at the time of
appointment thereof. A majority of the members shall not be officers or employees
of the town but at least one shall be an elected or appointed town officer
or employee.[1]
B.
The Board of Ethics so established shall render advisory
opinions to the Town Board upon written request and make recommendations to
the Town Board as deemed advisable. The opinions of the Board of Ethics shall
be advisory and confidential, and in no event shall the identity of the town
employee be disclosed except to authorized persons and agencies. Such opinions
shall be on the advice of counsel employed by the Board or, if none is employed,
by the Town Attorney.
C.
The Board of Ethics shall promulgate its own rules and
regulations as to the procedures followed for the handling of any requests
and shall maintain appropriate records of its opinions and proceedings. Upon
rendering its report to the Town Board, its duties shall be discharged unless
further request is made of said Board of Ethics by the Town Board.
Upon adoption of this chapter, the Town Supervisor shall cause a copy
thereof to be distributed to every town employee of this town. Failure to
distribute any such copy or failure of any town employee to receive such copy
shall have no effect upon the duty of compliance with this code, nor the enforcement
of provisions hereof. The Town Supervisor shall further cause a copy of this
chapter to be kept posted conspicuously in each public building under the
jurisdiction of the town. Failure to so post this chapter shall have no effect
on the duty of compliance herewith nor the enforcement provisions hereof.
The Town Board may appropriate moneys from the general town funds for
the maintenance of and for personal services to a Board of Ethics that may
be established from time to time under this chapter, but the Board of Ethics
may not commit the expenditure of town moneys without approval of the Town
Board, nor except within the appropriations provided herein.
