[HISTORY: Adopted by the Town Board of the
Town of East Fishkill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-8-1974 as Ch. 8, Art. I, of the 1974 Code]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of East Fishkill
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 East Fishkill. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of East
Fishkill. 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.
[Amended 6-14-2001 by L.L. No. 3-2001]
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 chapter, 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 of 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.
A corporation, any stock of which is owned or
controlled directly or indirectly by such officer or employee.
An officer or employee of the Town of East Fishkill, 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 fire chief or assistant fire
chief.
Every officer or employee of the Town of East
Fishkill shall be subject to and abide by the following standards
of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift, or accept or receive any gift having a value of $75 or more,
whether in the form of money, services, loan, travel, entertainment,
hospitality, thing or promise 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.
[Amended 6-14-2001 by L.L. No. 3-2001]
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 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 this 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 East Fishkill, 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 transaction 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 East Fishkill 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 East Fishkill
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.
[Amended 6-14-2001 by L.L. No. 3-2001]
The Town Board of the Town of East Fishkill
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the town 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. Failure of the Town Board to distribute
any copy of the Code of Ethics 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 8-9-1984 by L.L. No. 5-1984]
There is hereby established a Board of Ethics
consisting of five members to be appointed by the Town Board, 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 East Fishkill and at least one member shall
be an elected or appointed officer or employee of the Town of East
Fishkill.
The Board of Ethics shall have the powers and
duties prescribed by Article 18 of the General Municipal Law and shall
render advisory opinions to the officers and employees of the Town
of East Fishkill with respect to Article 18 of the General Municipal
Law and the Code of Ethics adopted pursuant to such article. Such
advisory opinion shall be rendered pursuant to the written request
of any such officer or employee, under such rules and regulations
as the Board may prescribe and shall have the advice of the Attorney
to the Town. In addition, the Board may make recommendations with
respect to the amendment of the Code of Ethics upon request of the
Town Board.
[Added 9-28-2017 by L.L.
No. 4-2017]
The Town Board may appoint up to two alternate members to the
Ethics Board. When a regular member is absent or recused and unable
to participate or vote on an issue, an alternate member may be designated
by the Chairperson to participate in the absent or recused member's
place instead. Alternates shall possess the same qualifications as
the regular members.
