[HISTORY: Adopted by the Town Board of the
Town of Holland 9-9-1970. Amendments noted where applicable.]
A.
The Town Board of the Town of Holland recognizes that
there are state statutory provisions mandating towns to 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 law, to
implement this objective through the establishment of standards of
conduct, to provide for the punishment of 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.
B.
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 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:
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:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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; and
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
An officer or employee of a municipality, 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 firefighter
or civil defense volunteer, except a fire chief or assistant fire
chief.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any board, commission, district, council or other agency,
department or unit of the government of the Town of Holland.
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.
A.
No Town employee shall accept other employment which
will impair his independence of judgment in the exercise of his official
duties.
B.
No Town employee shall accept employment or engage
in any business or professional activity which will require him to
disclose confidential information which he has gained by reason of
his official position or authority.
C.
No Town employee shall use or attempt to use his official
position to secure unwarranted privileges or exemptions for himself
or others.
D.
No Town employee shall engage in any transaction,
as a representative or agent of the Town, with any business entity
in which he has a direct or indirect financial interest that might
reasonably tend to conflict with the proper discharge of his official
duties.
E.
A Town employee shall not by his conduct give reasonable
basis for the impression that any person can improperly influence
him or unduly enjoy his favor in the performance of his official duties
or that he is affected by the kinship, rank, position or influence
of any party or person.
F.
Each Town employee shall abstain from making personal
investments in enterprises which he has reason to believe may be directly
involved in decisions to be made by him or which will otherwise create
substantial conflict between his duty in the public interest and his
private interest.
G.
Each Town employee shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that he
is likely to be engaged in acts that are in violation of his trust.
H.
No Town employee employed on a full-time basis nor
any firm or association of which such employee is a member nor corporation,
a substantial portion of the stock of which is owned or controlled,
directly or indirectly, by such employee, shall sell goods or services
to any person, firm, corporation or association which is licensed
or whose rates are fixed by the Town in which such employee serves
or is employed.
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.
A.
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 Holland, to serve without compensation
and at the pleasure of the Town Board of the Town of Holland. A majority
of such members shall be persons other than Town officers or employees,
but such Board shall include at least one member who is an elected
or appointed officer or employee of the Town of Holland.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Board of Ethics established hereunder shall render
advisory opinions to Town employees on written request and, upon request
of the Town Board, shall 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.
C.
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 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.