[HISTORY: Adopted by the Town Board of the Town of Milan: Art. I, 9-14-1970;
Art. II, 10-12-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 59.
[Adopted 9-14-1970]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Milan 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 Article to promulgate these rules of ethical conduct for the officers
and employees of the Town of Milan. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Milan. The rules
of ethical conduct of this Article, 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.
As used in this Article, the following terms shall have the meanings
indicated:
A direct or indirect pecuniary or material benefit accruing to a
municipal officer or employee as the result of a contract with the municipality
which such officer or employee serves. For the purposes of this Article, a
municipal officer or employee shall be deemed to have an interest in the contract
of his spouse, minor children and dependents, except a contract to employment
with the municipality which such officer or employee serves; a firm, partnership
or association of which such officer or employee is a member or employee;
a corporation of which such officer or employee is an officer, director or
employee; and a corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.[1]
An officer or employee of the Town of Milan, 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 Engineer or Assistant Chief Engineer.
Every officer or employee of the Town of Milan 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 promises 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 of 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 Town Board and any officer or employee
of the Town of Milan, whether paid or unpaid, who participates in the discussion
or gives official opinion to the Town Board on any legislation before the
Town Board 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 transactions 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 Town of Milan 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.
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 Town of Milan 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.
A.
The Clerk of the Town of Milan shall cause a copy of
this Article to be distributed to every officer and employee of the Town of
Milan within 10 days after the effective date of this Article. Each officer
and employee elected or appointed thereafter shall be furnished a copy before
entering upon the duties of his office or employment.
B.
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 the provisions thereof.
In addition to any penalty contained in any other provision of law,
any person who shall knowingly and intentionally violate any of the provisions
of this code may be fined, suspended or removed from office or employment,
as the case may be, in the manner provided by law.
[Adopted 10-12-1970]
A.
There is hereby established a Board of Ethics of the
Town of Milan, Dutchess County, New York, consisting of five members to be
appointed by the Town Board and who shall serve without compensation and at
the pleasure of the Town Board. A majority of such members shall be persons
other than officers or employees of the Town of Milan, but shall include at
least one member who is an elected or appointed officer or employee of the
Town of Milan.
The Board of Ethics shall have the powers and duties prescribed by Article
18 of the General Municipal Law of the State of New York and shall render
advisory opinions to the officers and employees of the Town of Milan with
respect to said Article 18 of the General Municipal Law and any Code of Ethics
adopted pursuant to said Article, under such rules and regulations as the
Board may prescribe. In addition, the Board may make recommendations with
respect to the drafting and adoption of a Code of Ethics or amendments
thereto upon the request of the Town Board.
