[HISTORY: Adopted by the Town Board of the Town of Wallkill 7-22-1993.
Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 17.
This chapter shall be known as the "Code of Ethics of the Town of Wallkill."
As used in this chapter, the following terms shall have the meanings
indicated:
The Town of Wallkill, N.Y.
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 other town agency.
An officer, elected or appointed, or employee of the Town of Wallkill,
whether paid or unpaid, including members of the Town Board, Planning Board,
Zoning Board of Appeals, Industrial Development Agency, Board of Assessment
Review, Police Commission or any other agency and employees.
A.
No town officer, Town Board member, town employee or
town consultant shall have any interest, financial or otherwise, or engage
in any business or transaction or professional activity, which is in conflict
with the proper discharge of his/her duties in the public interest.
A.
Any town officer who has any financial interest in any
contract with the town, or in the sale of any land, material, supplies or
services to the town, shall make the interest known, in writing, to the Town
Board of Ethics. The conflicted person shall not in any way participate in
discussions regarding the contract/interest.
B.
In addition, the following individuals will disclose,
in writing to the Town Board of Ethics, all land holdings in the Town of Wallkill,
whether held personally or jointly with a family member, jointly in partnership
with others or as a corporation or trust, and the name of any partnership,
corporation or trust of which he/she is an officer, employee or stockholder
which owns property in the Town of Wallkill:
C.
Each official required to disclose shall be responsible
for updating his/her disclosure whenever there is a change in the status of
his/her land holdings and financial interests.
D.
All land holdings disclosure statements shall be received
by the Board of Ethics.
No town officer or town consultant 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 interests.
A.
No town officer shall accept other employment which will
impair his/her independence of judgment in the exercise of his/her official
town duties.
B.
No town officer shall use or attempt to use his/her official
position to secure unwarranted privileges or exemptions for himself/herself
or others.
C.
No town officer shall engage in any transaction as a
representative of the Town of Wallkill with any business entity in which he/she
has a financial interest that might reasonably tend to conflict with the proper
discharge of his/her official duties.
D.
No town officer 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.
E.
A town officer 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.
A.
The Town Board shall establish the Town of Wallkill Board
of Ethics, consisting of five members, and shall appropriate adequate funds
for the Board's operation.
B.
All members of the Board of Ethics shall reside within
the town. No Board member shall hold office in any political party, political
action committee or be employed as a lobbyist. All Board members shall be
subject to the Code of Ethics of the Town of Wallkill. A member of the Board
of Ethics may be dismissed only by a unanimous vote of the Town Board after
the Town Board has conducted a hearing in executive session to determine if
that member has violated his/her duties by malicious or politically motivated
use of the Town of Wallkill Code of Ethics.
C.
Appointments to the Board of Ethics shall be made annually
in March at the second Town Board meeting of the month. Each member shall
be appointed for one year. There shall be no limit to the number of terms
a member may serve. Each appointment shall be by unanimous vote of the Town
Board.
At its annual organization meeting, which shall be held in April, the
Town Board of Ethics shall elect a Chairperson from among its membership.
Three members of the Board shall constitute a quorum. A Quorum is required
for the Board to take any action. Meetings will be called by the Chair as
needed.
The Board of Ethics of the Town of Wallkill shall have the following
powers and duties:
C.
To issue advisory opinions when requested by a town officer on his/her own behalf pursuant to § 21-11 of this code.
D.
To recommend that a hearing be conducted by the Town Board and to recommend to the Town Board disciplinary action pursuant to § 21-10C of this code.
E.
To submit to the Town Board an annual report of the Board's
activities and to recommend changes to this code if necessary.
F.
The Town Board of Ethics may act only with respect to
officers or consultants of the town.
A.
Upon receipt of a written notification of an alleged
violation of this code, the Town Board may, within 10 days, by a majority
vote, refer the matter to the Board of Ethics for an investigation if it feels
one is warranted. When an investigation is conducted, the Board of Ethics
shall render an advisory opinion to the Town Board. The advisory opinion shall
be a public document. Board of Ethics meetings conducted to formulate the
advisory opinion shall be conducted in executive session so as to protect
the privacy of the individual against whom a complaint has been lodged, should
the complaint be without merit.
C.
Recommendation of disciplinary action. If the Board of
Ethics decides that it is warranted, it shall recommend that the Town Board
conduct a hearing on the matter. The Town Board shall, by a majority vote,
then determine if a breach of ethics exists and may consider the disciplinary
action recommended by the Board of Ethics. Possible disciplinary action may
include a written warning from the Town Board, a written reprimand from the
Town Board, suspension or removal from office or employment from the Town
of Wallkill.
A.
Any town officer may request, in writing, at any time
that the Board of Ethics render an advisory opinion on any matter relating
to the performance of his/her duties so as to enable town officers of the
Town of Wallkill to avoid any violations of this code.
B.
All advisory opinions shall be made a part of the public
record and be available for inspection at the office of the Town Clerk.
Any town officer is required to notify the Town of Wallkill Chief of
Police of any illegal activity that he/she becomes aware of in the performance
of town business or otherwise.
All town officers shall disclose, in writing to the Board of Ethics,
any personal gift, in excess of $75 in value, received in relation to town
business, from a consultant for the town or from a developer or other party
seeking to do business with the town.
