[HISTORY: Adopted by the Council of the City
of Beacon 3-29-1990 by L.L. No. 1-1990. Amendments noted where applicable.]
This chapter shall be known as the "Code of
Ethics of the City of Beacon."
Pursuant to the provisions of § 806
of the General Municipal Law, the City Council of the City of Beacon
recognizes that there are rules of ethical conduct for public officers
or employees which must be observed if a high degree of moral conduct
is to be obtained and a public confidence is to be maintained in our
unit of local government. It is the purpose of this chapter to promulgate
these rules of ethical conduct for the officers and employees of the
City of Beacon. These rules shall serve as a guide for official conduct
of the officers and employees of the City of Beacon. The rules of
ethical conduct of this chapter, 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.
The City Council of the City of Beacon does
hereby ordain and enact the Code of Ethics of the City of Beacon pursuant
to the authority and provisions of § 806 of the General
Municipal Law and § 20, Subdivision 2, and § 22,
Subdivision 1, of the Municipal Home Rule Law. This chapter expressly
supersedes and repeals any previously enacted Code of Ethics adopted
by the City Council of the City of Beacon.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, group or firm which renders services on behalf
of the City to any City officer, the City Council, Planning Board,
Zoning Board of Appeals or any City agency.
An officer or employee in the City of Beacon, whether paid
or unpaid, including members of the Planning Board, Zoning Board of
Appeals, Recreation Committee, Board of Assessment Review or any other
agency. It shall not include volunteer firemen, ambulance corpsmen
or civil defense volunteers.
[Amended 12-16-2013 by L.L. No. 22-2013]
Should any City officer be subject to any other
code of ethics or professional conduct (i.e., City Judge or Assistant
City Judge), the City officer shall be subject to the conditions of
both codes, and the more stringent standards will apply.
A.
No City officer, City Board member, City employee
or City consultant 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 conflict
with or which might reasonably tend to conflict with the proper discharge
of his or her duties in the public interest.
B.
If such a conflict occurs, the City officer, City
Board member, City employee or City consultant shall make known to
all concerned parties the nature of such conflict and shall refrain
from any participation whatsoever in the matter so as to avoid the
conflict. In all cases of potential conflict, the Mayor and all City
Councilmen shall be made aware of the situation by the person in conflict
along with any other concerned parties, including the City of Beacon
Board of Ethics.
C.
No City Board member, City officer, City employee
or City consultant shall represent any private interest before any
agency, department, officer or other entity of this City of Beacon
government of which he is a member, by which he is employed or to
which he renders services.
D.
No City Board member, City officer, City employee
or City consultant shall, after the termination of service or employment
with such municipality, appear before any board or agency of the City
of Beacon in relation to any case, proceeding or application in which
he or she personally participated during the period of his or her
service or employment or which was under his or her active consideration.
E.
No City employee shall sit on either the Planning
Board, Zoning Board of Appeals or Board of Assessment Review. In addition,
every effort should be made by the Mayor and the City Council to structure
each appointed board, agency or authority to reflect the diverse concerns
and needs of the entire community.
F.
Further, no City officer, City Board member, City
employee or City consultant shall:
[Amended 11-5-2012 by L.L. No. 22-2012]
(1)
Appear
as attorney or counsel against the interests of the City in any matter
in which the City is a party or complainant.
(2)
Solicit
any nonelected officer or employee of the City to participate in an
election campaign or to pay or promise to pay any assessment, subscription
or contribution to a political party, political party organization
or election campaign.
(3)
Directly
or indirectly use his or her official authority to compel or induce
another municipal officer or employee, or any other individual or
organization, to make or promise to make any political contribution,
whether by gift of money, service or other thing of value.
(4)
Use any
premises or building owned by the City, City-owned equipment or work-related
services or resources belonging to the City for political purposes.
(5)
Hold the office of Chairperson in a political party or political party organization. This Subsection F(5) shall apply only to appointed, paid public officials.
(6)
All
contracts entered into which violate the provisions of this chapter
shall be declared null and void and unenforceable.
A.
Any City Board member, City officer, City employee
or City consultant who has any financial interest, direct or indirect,
in any contract with the City or in the sale of any land, materials,
supplies or services to the City or in any contractor supplying the
City shall make the interest known, in writing, to the City Council
and the Board of Ethics. The conflicted person shall not in any way
participate in any discussions of the contract.
B.
Any City Board member, City officer, City employee
or City consultant who participates in the discussion or gives official
opinion to the City Council on any legislation before the City Council
shall publicly disclose on the official record the nature and extent
of any direct or indirect financial or other private interest he or
she has in such legislation.
No City Board member, City officer, City employee
or City consultant, whether paid or unpaid, shall disclose confidential
information acquired by him/her in the course of his/her official
duties, nor use such information to advance his/her financial or other
private interests.
A.
No City Board member, City officer, City employee
or City consultant shall accept other employment which will impair
his/her independence of judgment in the exercise of his/her official
City duties.
B.
No City Board member, City officer, City employee
or City consultant shall accept employment or engage in business or
professional activity which will require him/her to disclose confidential
information gained by reason of his/her official position or authority.
C.
No City Board member, City officer, City employee
or City consultant shall use or attempt to use his/her official position
to secure unwarranted privileges or exemptions for himself/herself
or others.
D.
No City Board member, City officer, City employee
or City consultant shall engage in any transaction as a representative
of the City of Beacon or a City of Beacon agency or department or
other office with any business entity in which he/she has a direct
or indirect financial interest that might reasonably tend to conflict
with the proper discharge of his/her official duties.
E.
No City Board member, City officer, City employee
or City consultant shall by his/her conduct give reasonable basis
for the impression that another can improperly influence him/her or
unduly enjoy his/her favor in the performance of his/her official
duties or that he/she is affected by kinship, rank, position or influence
of any party or person.
F.
A City Board member, City officer, City employee or
City consultant shall abstain from making personal investments in
enterprises which he/she has reason to believe may be directly involved
in decisions to be made by him/her or which will otherwise create
substantial conflict between his/her duty in the public interest and
his/her private interest.
G.
Gifts.
[Amended 11-5-2012 by L.L. No. 22-2012]
(1)
No City
Board member, City officer, City employee or City consultant shall
accept any gifts or gratuities in any way relating to his/her official
duties. The recipient of such gift or gratuity shall immediately return
the same to the giver and shall notify the City of Beacon Board of
Ethics of the incident in writing, documenting the nature of the gift
and from whom it was received.
(2)
A "gift,"
for purposes of this section, includes anything of value, whether
in the form of money, service, loan, travel, entertainment, hospitality,
thing or promise, or in any other form. The value of a gift is the
gift’s fair market value, determined by the retail cost of the
item or a comparable item. The fair market value of a ticket entitling
the holder to food, refreshments, entertainment, or any other benefit
is the face value of the ticket, or the actual cost to the donor,
whichever is greater. Determination of whether multiple gifts from
a single donor exceed $75 must be made by adding together the value
of all gifts received from the donor by an officer or employee during
the calendar year preceding the receipt of the most recent gift. A
gift does not include lawful campaign contribution or food or refreshment
provided during an event to which the Board member, officer, employee
or consultant has been invited to appear in his or her official capacity.
(3)
This
subsection shall supersede § 805-a(1)(a) of the General
Municipal Law concerning solicitation and acceptance of gifts by municipal
officers and employees.
H.
No City Board member, City officer, City employee or City consultant may directly supervise a family member in the performance of the family member’s official powers or duties or participate in any decision to appoint, hire, promote, discipline or discharge a family member from any position with the City of Beacon. This subsection shall supplement Article III of Chapter 43 of the City Code, concerning hiring of relatives.
[Added 11-5-2012 by L.L. No. 22-2012]
A.
The City Council shall establish the City of Beacon
Board of Ethics, consisting of five members, and shall appropriate
adequate funds for the Board's maintenance and operation.
[Amended 10-18-2010 by L.L. No. 13-2010]
B.
All members of the Board of Ethics shall reside within
the City. Of the initial appointed members, one shall be appointed
for a term of one year, one for a term of two years, one for a term
of three years, one for a term of four years and one for a term of
five years. Subsequently, members shall be appointed to five-year
terms. Each appointment shall be by unanimous vote of the City Council.
C.
The City Attorney shall provide such legal and advisory
services to the Board of Ethics as it may require in the performance
of its duties.
D.
Qualifications of Board of Ethics members.
[Amended 11-5-2012 by L.L. No. 22-2012]
(1)
No Board member shall hold office in any political
party or be employed as a lobbyist. A member may contribute money
to, but not otherwise participate in, any City election campaign.
(2)
The members of the Board of Ethics shall not receive
compensation for the performance of their official duties but shall
be reimbursed for reasonable and necessary expenses.
(3)
No member on the Board of Ethics shall otherwise be an elected officer
or employee of the City of Beacon. This subsection shall supersede
§ 808(3) of the General Municipal Law.
(4)
No
more than three members of the same political party shall serve on
the Board of Ethics at the same time.
E.
Removal of City Ethics Board members. A City Ethics
Board member may be removed by a majority vote of the City Council
for substantial neglect of duty, gross misconduct in office, inability
to discharge the powers or duties of office or violation of this Code
of Ethics after written notice and opportunity for reply.
F.
City Ethics Board meetings and quorum. At its first
meeting each year, the City Ethics Board shall elect a Chairman from
among its membership. Three members of the Board shall constitute
a quorum. A vote of at least three members shall be required for the
Board to take any action. The Board shall hold at least one meeting
per year. The Chairman or any three members may call a meeting of
the Board.
G.
Powers and duties of the City Ethics Board. The City
Ethics Board shall have the following powers and duties:
[Amended 11-5-2012 by L.L. No. 22-2012]
(1)
To prescribe
and promulgate rules and regulations governing its own organization
and procedures in a manner consistent with this Code of Ethics.
(2)
To cause to be filed with the State Ethics Commission a copy of the form or any disclosure statements required to be filed in § 29-7 of this Code of Ethics.
(5)
To recommend disciplinary action and initiate appropriate actions and proceedings pursuant to § 29-12 of this Code of Ethics.
(7)
To provide
training and education to City officers and employees on the provisions
of the Ethics Code as directed by the City Administrator.
(8)
To prepare
an annual report to the City Board summarizing the activities of the
Ethics Board and recommend changes to this Code of Ethics, as necessary.
H.
The City Ethics Board may act only with respect to officers, consultants and employees of the City as those terms are defined in § 29-4 of this Code of Ethics.
I.
The City Ethics Board may refer any matter within
its jurisdiction to the County or State Ethics Board.
[Amended 11-5-2012 by L.L. No. 22-2012]
A.
Upon receipt by any officer or employee of the City
of Beacon of a written notification of an alleged violation of this
Code of Ethics, the City Council may refer the matter to the Board
of Ethics within 30 days. Pursuant to applicable laws of this Code
of Ethics, the Board of Ethics shall render a formal advisory opinion
to the City Council after conducting an investigation of the matter.
In conducting any such investigation, the Board may request from the
City Council any information necessary so as to properly conduct the
investigation.
B.
The City Ethics Board is not permitted to conduct
an investigation of any of its members. Should the City Ethics Board
receive notification alleging that the Board or any of its members
has violated any provision of this Code of Ethics or any other law,
the Board shall promptly refer the matter to the County or State Ethics
Board.
C.
The City Ethics Board shall state, in writing, its
formal advisory opinion following every investigation it conducts
and shall set forth reasons for its opinion. All notifications and
formal advisory opinions shall be public records, unless excepted
by other statute or local law, and shall be indexed and maintained
on file by the Ethics Board.
D.
Where a criminal investigation of a City Board member, officer, employee
or consultant arises out of the same facts as an alleged ethics violation,
the Board of Ethics shall suspend its investigation of the alleged
ethics violation until after the criminal investigation is concluded.
The Board of Ethics shall not be bound by the outcome of any criminal
investigation, but may consider any evidence from those investigations
to which it is legally entitled.
A.
No opinion rendered by the Board of Ethics shall bind
the City Council. After receiving a formal advisory opinion, the City
Council may, in its discretion, choose to conduct a hearing on the
matter in accordance with applicable laws. If, upon completion of
such hearing, the City Council finds that a violation of this Code
of Ethics occurred, it may request another advisory opinion from the
Ethics Board for recommendation of disciplinary action, which may
recommend as follows:
[Amended 11-5-2012 by L.L. No. 22-2012]
(1)
In addition to the penalties prescribed pursuant to § 805 of the General Municipal Law, and § 9.00 of the City of Beacon Charter, any City officer, employee or consultant who engages in any action that violates any provision of this Code of Ethics may be warned or reprimanded or suspended or removed from office or employment by the City Council, pursuant to applicable law, or by the person or body authorized by law to impose such sanctions.
B.
If a hearing is held, the City Council shall conduct
and complete the hearing with reasonable promptness.
[Amended 11-5-2012 by L.L. No. 22-2012]
A.
Upon written request of the City Council, or any City
officer, board, department or employee, the City Ethics Board may
render written informal advisory opinions with respect to the interpretation
or application of any provision of this Code of Ethics in a generic
sense.
B.
Pursuant to § 29-11C of this chapter, formal advisory opinions rendered by the Board of Ethics at the conclusion of an investigation shall be public records and shall be indexed and maintained on file in an appropriate manner by the Board. Informal advisory opinions, issued in response to a written request for an interpretation of the state or City ethics laws, shall be confidential and shall not be disclosed unless by court order.
C.
A City Board member, officer, employee or consultant whose ethical
violation occurs in reliance on an informal advisory opinion shall
not be subject to sanction or prosecution where such reliance is reasonable,
as adjudged by the City Council, unless material facts were omitted
or misstated, whether purposefully or unintentionally, in the materials
submitted by the requester.
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 City of Beacon or
any agency thereof on behalf of himself/herself or any member of his/her
family arising out of any personal injury or property damage or for
any lawful benefit authorized or permitted by law.
[Amended 11-5-2012 by L.L. No. 22-2012]
A.
The Mayor
of the City of Beacon shall cause a copy of this Code of Ethics to
be distributed to every officer and employee of the City within 30
days of the effective date of this chapter and any subsequent amendment
thereto, if the Mayor deems redistribution necessary. Each officer
and employee elected or appointed shall be furnished a copy before
entering upon the duties or his or her office of employment.
B.
The Mayor
shall cause a copy of §§ 800 through 809 of Article 18 of
the General Municipal Law to be kept posted in a conspicuous location,
visible to City officers and employees, in each building owned/operated
by the City. Failure to post any such copy shall have no effect on
the duty of compliance with state law, nor with the enforcement of
the provisions thereof. Copies of the City Code of Ethics shall also
be made available for review in all City owned/operated buildings.
