This Code of Ethics is enacted pursuant to Article
18 of the General Municipal Law. It is the purpose of this code to
establish standards of ethical conduct for officers, employees, and
certain appointed officials of the Town of Poughkeepsie, to afford
them clear guidance as to these standards, and to ensure that Town
government is so free from improper influence as to assure public
confidence and trust. This code shall be in addition to all other
legal restrictions, standards and provisions pertaining to the conduct
of Town officers and employees.
Unless the context clearly provides otherwise,
the terms set forth below shall have the following meanings:
APPROPRIATE BODY
The Town of Poughkeepsie Board of Ethics, c/o Town of Poughkeepsie
Town Clerk, or Town Attorney, One Overocker Road, Poughkeepsie, New
York 12603.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to an officer or employee, or his or her relative, whether as a result
of a contract with the Town or otherwise. For the purpose of this
chapter, a Town officer or employee shall be deemed to have an interest
in the contract of:
A.
A relative, except as to a contract of employment
with the town;
B.
A firm, partnership or association of which
such officer or employee is a member or employee;
C.
A corporation of which such officer or employee
is an officer, director or employee;
D.
A corporation of which more than 5% of the outstanding
stock is owned by any such officer, employee, or his or her relative.
LEGISLATION
A matter which appears on the agenda of the Town Board or
on a committee thereof, on which any official action will be taken
and shall include proposed or adopted acts, local laws, ordinances
or resolutions.
OFFICER or EMPLOYEE
An elected or appointed officer or employee of the Town of
Poughkeepsie, whether paid or unpaid. No person shall be deemed to
be an officer or an employee of the Town solely by reason of being
a volunteer fireman or EMT volunteer except a fire chief or an assistant
fire chief.
RELATIVE
A child, stepchild, parent, stepparent, brother, sister,
stepbrother, stepsister, or legal guardian of any of said persons
of an officer or employee or of the spouse of the officer or employee.
SPOUSE
The husband or wife of an officer or employee, unless living
separate and apart pursuant to:
A.
A judicial order, decree or judgment of separation;
or
B.
A legally binding written agreement of separation
in accordance with the Domestic Relations Law.
TOWN
The Town of Poughkeepsie.
UNEMANCIPATED CHILD
A child who is under the age of 18, unmarried and living
in the household of an officer or employee.
Every officer or employee of the Town shall
be subject to and abide by the following standards of conduct:
A. Gifts. No officer or employee shall directly or indirectly
solicit or receive any money, whether in the form of cash, check,
loan, credit, or any other form in any amount, or solicit any gifts,
or accept or receive any individual annual gift, having a value of
$75 or more, whether in the form of services, loan, travel, entertainment,
hospitality, thing or promise, or any other form, under circumstances
in which it could be reasonably inferred that the money or gift was
intended to influence, or could be reasonably expected to influence,
him or her in the performance of official duties or was intended as
a reward for any official action.
B. Confidential information. No officer or employee shall
disclose confidential information acquired in the course of official
duties or use such information to further a personal interest.
C. Representation before one's own agency. No officer
or employee shall receive or enter into any agreement, express or
implied, for compensation, direct or indirect, for services to be
rendered in relation to any matter before any agency of which he or
she is an officer, member or employee or of any agency over which
he or she has jurisdiction or to which he or she has the power to
appoint any member, officer, or employee.
D. Representation before any agency for a contingent
fee. No officer or employee shall receive or enter into any agreement,
express or implied, for compensation, direct or indirect, for services
to be rendered in relation to any matter before any agency of the
town, whereby his or her compensation is to be dependent or contingent
on 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 on the reasonable value of the services rendered.
E. Disclosure of interest in legislation. To the extent
known, any officer or employee of the Town who participates in the
discussion or gives an official opinion to the Town Board on any legislation
before it shall publicly disclose on the official record the nature
and extent of any direct or indirect financial or other private interest
he or she may have in such legislation.
F. Disclosure of interests in contracts. To the extent
known, any officer or employee of the Town who has, will have or subsequently
acquires any interest in any contract with the Town shall publicly
disclose the nature and extent of such interest in writing to the
Board of Ethics and Town Board as well as to his or her immediate
supervisor as soon as he or she has knowledge of such actual or prospective
interest.
G. Investments in conflict with official duties. No officer
or employee shall invest or hold any investment directly or indirectly
in any financial, business, commercial or other private transaction,
which creates a conflict.
H. Private employment. No officer or employee shall 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 or
her duties.
I. Future employment. No officer or employee shall, within
a period of one year after termination of service of employment, appear
before any agency of the town, except on his or her own behalf. No
officer or employee shall, after termination of service or employment,
appear before any agency of the Town in relation to any matter, case,
proceeding, application or transaction with respect to which such
person was directly concerned or in which he or she personally participated
during his or her service or employment.
J. Prohibited conflicts of interest. No Town officer
or employee shall have an interest in any contract between the Town
and a corporation or partnership of which he or she is an officer
or employee when such Town officer or employee has the power to negotiate,
prepare, authorize, or approve the contract or authorize or approve
payment thereunder; audit bills or claims under the contract; or appoint
an officer or employee who has any of the powers or duties set forth
above; and no chief fiscal officer, treasurer, or his or her deputy
or employee shall have an interest in a bank or trust company designated
as a depository, paying agent, registration agent or for investment
of funds of the Town of which he or she is an officer or employee.
The provisions of this section shall in no event be construed to preclude
the payment of lawful compensation and necessary expenses of any Town
officer or employee in one or more positions of public employment,
the holding of which is not prohibited by law.
K. Certain interests prohibited. No officer or employee
of the Town who has an interest in any real property, either individually
or as an officer or employee of a corporation or partnership, shall
participate in the acquisition or plan for acquisition of said property
or any property adjacent to said property by the town. The term "participation"
shall include the promotion of the site as well as the negotiation
of the terms of acquisition.
L. No municipal officer or employee shall use or permit
the use of property owned or leased to the Town for other than official
purposes or for activities not otherwise officially approved by the
Town Board.
M. Except where required by law, no Justice of the Peace
or member of a quasi-judicial administrative board, including but
not limited to the Police Commission, Plumbing Board, Zoning Board
of Appeals and Board of Ethics, shall be an officer or a committee
member of a political party; provided, however, that this section
shall not be applicable to a quasi-judicial administrative board as
listed herein where the local law creating said Board requires membership
of at least one sitting Town Board member.
[Amended 4-19-2006 by L.L. No. 9-2006]
Nothing herein shall be deemed to bar or prevent
the appearance of a present or former officer or employee before any
agency on his or her own behalf, or on behalf of a relative, to express
an opinion or comment on a matter before that agency; nor prevent
the appearance or timely filing of any claim, account, demand or suit
against the Town or any agency thereof where the matter arises out
of any personal injury or property damage or for any lawful benefit
authorized or permitted by law.
Within 30 days of the effective date of this
chapter, the Town Attorney shall cause a copy of this Code of Ethics
to be distributed to every officer and employee required to file a
financial disclosure statement and shall further cause a copy of this
chapter to be posted in all town-owned or leased buildings. Thereafter,
each new officer and employee shall be furnished a copy of this chapter
within 60 days of being elected, appointed, or hired by the town.
Failure to distribute, post or receive a copy of this chapter shall
have no effect on the duty of compliance or the enforcement of the
provisions of this chapter.
[Amended 8-21-2002 by L.L. No. 12-2002]
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Annual Statement of Financial Disclosure for
Calendar Year _____
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The
Code of Ethics of the Town of Poughkeepsie requires certain elected
or appointed officials and employees to file this statement prior
to May 15 for the preceding calendar year. Please answer all questions
completely. Indicate not applicable (N/A) where appropriate. Attach
additional pages if necessary.
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The filing of this statement is in addition to the obligation for continuous disclosure required by the Code of Ethics, § 15-3, Standards of conduct.
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Are you requesting a time-stamped receipt of
the filing of this document?
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Yes
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No
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1)
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Reporting Individual
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Title of Town Position Held:
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Department, Agency, or Committee
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Office Address (Employees Only)
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Office Telephone Number and Extension (Employees
only)
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2)
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To the best of your knowledge and belief, do you, your spouse, your children, dependent(s) or any relatives, as defined in § 15-2 of the Code of Ethics, have any of the following relationships with the Town of Poughkeepsie?
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Yes
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No
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Do business with the Town of Poughkeepsie.
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Receive any benefits, payments or gifts in excess of that allowed, as defined in § 15-3A of the Code of Ethics, from any person, firm, company or organization either doing business with the Town of Poughkeepsie or licensed or regulated by the Town of Poughkeepsie.
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Own 5% per cent or more of stock in a firm doing
business with the Town of Poughkeepsie.
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Complete questions 3-6, only if you checked
any yes box in Question 2.
(Use separate paper if necessary)
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3)
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Identify the following for all boxes checked
in Question 2.
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a)
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The name of the individual
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b)
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The relationship with the Town of Poughkeepsie
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c)
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The value of relationship as best can be determined
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d)
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The dates the relationship began and ended (or
will end)
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4)
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For every individual identified in Question
3, including yourself, identify any gifts, payments or personal entertainment
having an annual cumulative value in excess of $75.00 directly from:
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a)
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Any person or entity doing business with the
Town of Poughkeepsie
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b)
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Any person or entity regulated or licensed by
the Town of Poughkeepsie.
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5)
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For every individual identified in Question
3, including yourself, identify any agreement or promise of future
employment or payment, including transfers of anything of a cumulative
value, in excess of $75.00 from:
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a)
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The Town of Poughkeepsie
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b)
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Any person or entity doing business with the
Town of Poughkeepsie
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c)
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Any person or entity regulated or licensed by
the Town of Poughkeepsie.
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6)
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For every individual identified in Question
3, including yourself, identify any real property* which each owns
either in or contiguous to the Town of Poughkeepsie. The identification
should include at a minimum the street address, municipality, property
size, property use and acquisition date. Include all property, whether
the interest is vested or contingent, where 50% or more of the equitable
interest is held by the reporting person or relatives.
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* Exclude any primary residence not exceeding
five acres.
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With respect to items reported concerning "relatives,"
as defined, a demonstration of good faith effort to the Ethics Board
shall be evidence of compliance.
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The reporting of information on this statement
is required by law. Improper use of the information contained in this
statement by any person or entity in violation of privacy or other
rights is separately punishable in accordance with law. No inference
of unethical or illegal conduct or behavior shall be drawn merely
from the lawful compliance with disclosure requirements.
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Individual Certification
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State of New York
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ss:
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County of Dutchess
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I hereby affirm under penalty of perjury that
the information on this statement set forth is true, accurate and
complete to the best of my knowledge.
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Dated: _________________
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Corporate Certification
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State of New York
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ss:
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County of Dutchess
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I, ____________________, being duly sworn, deposes
and says that I am
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of
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President/Secretary
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Name of Corporation
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and that the information on this statement set
forth is true, accurate and complete to the best of my knowledge.
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Poughkeepsie, New York
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Dated: _________________
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File the statement with:
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Board of Ethics
c/o The Town of Poughkeepsie Supervisor
One Overocker Road
Poughkeepsie, New York 12603
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The provisions of this chapter are enacted pursuant
to the authority granted by Article 18 of the General Municipal Law.
Notwithstanding anything to the contrary, the Town of Poughkeepsie
hereby elects to remove itself from the ambit of all of the provisions
of § 812 of the General Municipal Law.