The Town Board of the Town of Perinton recognizes that towns must establish
rules and standards of ethical conduct for public officers and employees which,
if observed, can enhance public confidence in local government. In the light
of a tendency today on the part of some people to downgrade our local governments
and to discredit our public servants and our free institutions generally,
it appears necessary that every effort be made to assure the highest caliber
of public administration of this town as part of our state's important system
of local government. It is the purpose of this chapter to implement this objective
through the establishment of standards of conduct, to provide for punishment
for violation of such standards and to create a Board of Ethics to render
advisory opinions to the town's officers and employees as provided for herein.
The standards, prohibited acts and procedures established herein are
in addition to any prohibited acts, conflicts of interest provisions or procedures
prescribed by statute of the State of New York and are also in addition to
common law rules and judicial decisions relating to the conduct of town officers
to the extent that the same are more severe in their application than this
chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
TOWN
Any board, commission, district, council or other agency, department
or unit of the government of the Town of Perinton.
TOWN EMPLOYEE
Any officer or employee of the Town of Perinton, whether paid or
unpaid and 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.
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.
There is hereby established a Board of Ethics consisting of at least
three members to be appointed by the Town Board, all of whom reside in the
Town of Perinton and who shall serve without compensation and at the pleasure
of the Town Board of the Town of Perinton. A majority of such members shall
be persons other than town employees but shall include at least one member
who is an elected or appointed town employee of the Town of Perinton.
The Board of Ethics established hereunder shall render advisory opinions
to town employees on written request and, upon request of the Town Board,
make recommendations to such Town Board as to any amendments of this chapter.
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 of Ethics or, if none, of the Town Attorney.
Such Board of Ethics upon its formation shall promulgate its own rules
and regulations as to its form and procedures and shall maintain appropriate
records of its opinions and proceedings.
Upon the 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 on 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 of provisions
hereof.
Within 30 days of the adoption of this chapter, the Town Clerk shall
file a copy thereof in the office of the State Comptroller.
The Town Board may appropriate moneys from the general town funds for
the maintenance of and for personnel services to the Board of Ethics established
hereunder, but such Board of Ethics may not commit the expenditure of town
moneys except within the appropriations provided herein.