[HISTORY: Adopted by the Town Board of the
Town of Cato 8-7-2012 by resolution.[1] Amendments noted where applicable.]
[1]
Editor’s Note: The resolution adopted this date also
superseded former Ch. 19, Ethics, Code of, adopted 9-2-1970 by resolution,
as amended.
A.
This chapter shall be known as the "Code of Ethics of the Town of
Cato."
B.
Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Cato 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 chapter to promulgate these rules of ethical
conduct for the officers and employees of the Town of Cato. These
rules shall serve as a guide for official conduct of the officers
and employees of the Town of Cato. 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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any adult mate living in the same household.
A spouse, domestic partner, or minor child residing in the
household of a Town officer, Town Board member, or Town employee.
Any individual, group or firm which renders services on behalf
of the Town to any Town officer, Town Board, Planning Board, Zoning
Board of Appeals, or any Town agency.
An officer or employee of the Town of Cato, whether paid
or unpaid, including members of the Planning Board, Zoning Board of
Appeals, Recreation Advisory Board, Board of Assessment Review or
any other agency. It shall not include volunteer firemen, ambulance
corpsmen, or civil defense volunteers. Should any Town officer be
subject to another code of ethics or professional conduct (i.e., Town
Justice), the Town officer shall be subject to the conditions of both
codes, and the more stringent standards will apply.
A.
No Town officer, Town Board member, Town employee or Town 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 might reasonably tend to conflict with, the proper discharge of
his duties in the public interest. In supplementation of the foregoing,
pursuant to § 801 of New York State General Municipal Law,
and subject to the exceptions set forth in § 802 of the
General Municipal Law, as such sections may be amended or redesignated
from time to time, no Town officer, Town Board member or Town employee
shall have an interest in any contract with the Town, when such Town
officer, Town Board member or Town employee, individually or as a
member of a board, has the power or duty to negotiate 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 Town Supervisor, Town accountant, his or her deputy, nor a Town
employee within his or her department, 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. See Appendix A of this
chapter for the texts of § 801 and § 802 of the
General Municipal Law as of the date of adoption hereof.[1]
[1]
Editor's Note: Said appendixes are on file in the Town
offices.
B.
If such a conflict occurs, the Town officer, Town Board member, Town
employee or Town 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 Town Supervisor and all Councilmen shall
be made aware of the situation by the person in conflict along with
any other concerned parties, including the Town of Cato Board of Ethics.
C.
No Town Board member, Town officer, Town employee or Town consultant
shall represent private interests before any agency, department, officer
or other entity of this Town of Cato Town government of which he or
she is a member, by which he or she is employed, or to which he or
she renders services. Furthermore, no Town officer, Town Board member,
Town employee or Town consultant shall:
(1)
Appear as attorney or counsel against the interests of the Town in
any matter in which the Town is a party or complainant.
(2)
Solicit any nonelected officer or employee of the Town 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)
Solicit participation in an election campaign or payment or promise
of payment of any assessment, subscription, or contribution to a political
party, political party organization, or election campaign from any
person who, to the knowledge of the Town officer or employee, has,
or within the previous 12 months has had, any business dealing with
the Town.
(4)
Hold the office of chairman or vice-chairman in a political party or political party organization. This Subsection C(4) shall apply only to appointed, paid public officials.
(5)
Direct or cause any Town officer, Town Board member or Town employee
to do or perform any service or work outside of public work or employment,
or to accept any such service or work, nor shall any such officer,
member or employee offer to perform any such service or work, for
such officer or employee.
(6)
Request of members of the Town Board, Town officers or department
heads or employees that any individual receive preferential consideration
in connection with the provision of services or any appointment.
(7)
Request or permit the use of Town-owned vehicles, equipment, materials
or property for personal convenience or profit, except when such services
are available to the public generally or are provided as a Town policy
for the use of such officer, Town Board member or employee in the
conduct of official business, or as otherwise permitted by prior written
agreement or contractual language, copies of which shall be provided
to the Board of Ethics.
Any Town Board member, Town officer, Town employee or Town consultant
who has any financial interest, direct or indirect, in any contract
with the Town, or in the sale of any land, material, supplies or services
to the Town or in any contractor supplying the Town, shall make the
interest known, in writing, to the Town Board and the Board of Ethics.
The conflicted person shall not in any way participate in discussion
of the contract.
No Town Board member, Town officer, Town employee or Town 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 Town Board member, Town officer, Town employee or Town consultant
shall accept other employment which will impair his/her independence
of judgment in the exercise of his/her official Town duties.
B.
No Town Board member, Town officer, Town employee or Town consultant
shall accept employment or engage in business or professional activity
which will require him/her to disclose confidential information gained
by reason of official position or authority.
C.
No Town Board member, Town officer, Town employee or Town consultant
shall use or attempt to use his/her official position to secure unwarranted
privileges or exemptions for himself/herself or others.
D.
No Town Board member, Town officer, Town employee or Town consultant
shall engage in any transaction as a representative of the Town of
Cato or a Town of Cato 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 Town Board member, Town officer, Town employee or Town 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 Town Board member, Town officer, Town employee or Town consultant
shall abstain from taking 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.
No Town Board member, Town officer, Town employee or Town consultant
shall accept any gifts or gratuities having a value of $75 or more
whether in the form of money or in kind in any way relating to his/her
official duties. The recipient of such gift or gratuity shall immediately
return same to the giver and shall notify the Town of Cato Board of
Ethics of the incident.
A.
The Town Board shall establish the Town Board of Ethics, consisting
of five members, one of whom shall be a Town officer or employee,
and shall appropriate adequate funds for the Board's maintenance
and operation. The term of a member who is a Town officer or Town
employee shall expire when he or she leaves his/her office or employment
by the Town.
B.
All members of the Board of Ethics shall reside within the Town.
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 Town Board.
C.
The Town Attorney or Attorney for the Town 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:
E.
Removal of Town Ethics Board members. A Town Ethics Board member
may be removed by a 4/5 majority vote of the Town Board for substantial
neglect of duty, gross misconduct in office, inability to discharge
the powers or duties of office, or violation of this Code, after written
notice and opportunity for reply.
F.
Town Ethics Board meetings and quorum. At its first meeting each
year, the Town 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 Town Ethics Board. The Town Ethics Board
shall have the following powers and duties:
(1)
To prescribe and promulgate rules and regulations governing its own
organization and procedures in a manner consistent with this Code;
(2)
To cause to be filed with the State Ethics Commission a copy of the form for any disclosure statements required to be filed in § 19-4 of this Code;
(5)
To recommend disciplinary action and initiate appropriate actions and proceedings pursuant to § 19-10 of this Code;
(7)
To provide training and education to Town officers and employees
on the provisions of this Ethics Code; and
(8)
To prepare an annual report to the Town Board, summarizing the activities
of the Town Ethics Board, and recommend changes to this Code, as necessary.
H.
The Town Ethics Board may act only with respect to officers, consultants
and employees of the Town.
I.
The Town Ethics Board may refer any matter within its jurisdiction
to the county or state ethics board.
A.
Issuance of waivers. The Town Ethics Board shall grant a waiver in
those situations in which the Town Ethics Board believes the exception
would serve the public interest, upon a unanimous vote of the Town
Ethics Board. Waivers shall be in writing and state the grounds on
which they are granted.
B.
Filing of a complaint. Any person may file a complaint alleging a
violation of this Code by writing to the Town Clerk's office;
except if such complaint pertains to the Town Clerk or his/her office,
then to the Town Supervisor's office.
A.
Upon receipt of a sworn complaint by any person alleging any violation
of this chapter or of any local ethics law, or upon determining on
its own initiative that a violation of this chapter or of any local
ethics act may exist, the Town Ethics Board shall have the power and
duty to conduct any investigation necessary to carry out the provision
of this chapter. The Town Ethics Board may administer oaths or affirmations,
subpoena witnesses, compel their attendance and require the production
of any books or records which it may deem relevant and material.
B.
The accused shall be notified in writing regarding the complaint
and shall have the right to appear before the Town Ethics Board to
explain or defend his/her position regarding the complaint.
C.
The Town Ethics Board is not permitted to conduct an investigation
of any of its members. Should the Town Ethics Board receive notification
alleging that the Board or any of its members has violated any provision
of this Code or any other law, the Board shall promptly refer the
matter to the county or state ethics board.
D.
The Town Ethics Board shall state in writing its advisory opinion
or disposition of every sworn complaint it receives and of every investigation
it conducts and shall set forth the reasons for the disposition. Upon
the final disposition of a complaint, all such statements and all
sworn complaints shall be public records and shall be indexed and
maintained on file by the Town Ethics Board. Prior to final disposition,
all complaints, statements or other evidence shall remain confidential.
E.
Upon receipt of a complaint alleging a violation of this chapter
by an individual that is a member of an association or society that
maintains a grievance committee and has a grievance procedure in effect,
the Town Ethics Board shall forward said complaint to said grievance
committee for an advisory opinion of any violation of the association
or society code of ethics. Upon receipt of the advisory opinion, the
Town Ethics Board shall either adopt, reject or adopt in part the
advisory opinion of the association or society and shall thereafter
adopt its own decision.
F.
In its discretion, the Town Ethics Board may refer a matter to the
authority, person or body authorized by law to impose disciplinary
actions or to the appropriate prosecutor, if in the course of an investigation
or hearing the Town Ethics Board determines that such a referral is
appropriate. If such a referral is made, the Town Ethics Board may
suspend its investigation or adjourn its hearing, as the case may
be, pending a determination by such authority, person, body or prosecutor.
A.
After receiving the advisory opinion, the Town Board may conduct
a hearing on the matter in accordance with applicable laws. Upon completion
of such hearing, the Town Board may request an advisory opinion and
recommendation of disciplinary action from the Town Ethics Board,
which may recommend as follows:
(1)
Any Town officer, Town consultant or employee who engages in any
action that violates any provision of this Code may be warned or reprimanded
or suspended or removed from office or employment by the Town Board,
pursuant to applicable law, or by the person or body authorized by
law to impose such sanctions.
B.
If a hearing is held, the Town Board shall conduct and complete the
hearing with reasonable promptness.
A.
Upon written request of any board, department, or individual Town
officer or Town employee, the Town Ethics Board may render written
advisory opinions with respect to the interpretation or application
of any provision of this Code in a generic sense.
B.
Opinions and requests for opinions shall be public records and shall
be indexed and maintained on file in an appropriate manner by the
Town Ethics Board.
If any clause, sentence, paragraph, word, section or part of
this Town Code of Ethics shall be adjudged by any court of competent
jurisdiction to be unconstitutional, illegal or invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph,
word, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
