[HISTORY: Adopted by the Town Board of the
Town of Greenfield 4-11-2019 by L.L. No. 1-2019.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
13, Ethics, Code of, adopted 10-1-1970 by resolution.
"Code of Ethics."
The authority for this chapter is § 806 of the New
York State General Municipal Law.
Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Greenfield 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. The proper operation of the Town government requires
that its officers and employees, be independent, impartial, objective,
unbiased and responsible to the people of the Town of Greenfield;
that public office should not be used for personal gain; that public
officers and employees, maintain the highest standards of integrity
and discharge faithfully the duties of their office, regardless of
personal considerations; and that the public have confidence in the
officers and employees thereof. It is the intent of this chapter to
promulgate these rules of ethical conduct for the officers and employees,
of the Town of Greenfield. These rules shall serve as a guide for
official conduct of the officers and employees, of the Town and, 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:
Where a Town official or an employee enters into a covert
cooperative arrangement or strategy that allows one party to gain
an unfair advantage over a third party, competitors, consumers or
those with whom they are negotiating, which undermines the competitive
quality or fairness of a proposal or bid process.
A conflict of interest is a situation in which a person has
a duty to more than one person or organization but cannot do justice
to the actual or potentially adverse interests of both parties. This
includes when an individual's personal interests or concerns are inconsistent
with those best for the Town or when a public official's, personal
interests are contrary to his/her loyalty to public business. Town
officials and employees should avoid even the appearance of conflict
of interest. Town officials and employees shall disclose any interest
in or with any individual or entity providing services to or contracting
with the Town. For example, a conflict of interest includes, but is
not limited to:
The use of the authority of public office/employment or confidential
information received by holding such a public position for the private
pecuniary benefit of the public official/public employee himself/herself,
any member of his/her immediate family, or a business with which he/she
or a member of his/her immediate family is associated. The term "business
with which he/she is associated" is defined as any business in which
the person or a member of the person's immediate family is a director,
officer, owner, or employee or has a financial interest.
A state or condition of having a special interest in protecting
or supporting something for the purpose of self-interest, gain or
benefit, often financially or politically.
Serving a self-interest or showing favor to one bidder or proposer
over another in a manner that impairs the fairness of a bid or proposal
process.
A spouse, minor child or other dependent of a municipal officer
or employee.
Any claim, account or demand against or agreement with the
Town, express or implied, and direct or indirect pecuniary or material
benefit accruing to an officer or employee as a result of a business
or a professional transaction with the Town or resulting from official
Town acts. For the purpose of this chapter, an officer or employee
shall be deemed to have direct interest in the affairs of:
His or her immediate family.
A business concern, partnership, trust or association of which
such officer or employee and immediate family member are members,
partners, owners, directors or employees.
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 or any corporation in which
such officer or employee or immediate family member owns more than
5% of stock.
Elected officials, public officers under the Public Officers
Law, members of boards and commissions and department heads and their
supervisory assistants of the Town of Greenfield or employee of the
Town of Greenfield, 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 emergency medical services volunteer.
Public officers and employees are agents of the public purpose
and hold office for the benefit of the public. Their conduct in both
their official and private affairs should be above reproach. Every
officer and employee of the Town of Greenfield shall be subject to
and abide by the following standards of conduct:
A.
Gifts.
No officer or employee of the Town shall, directly or indirectly,
solicit any gift or accept or retain any gift having a value of more
than $25, whether in the form of money, services, loan, travel, entertainment,
hospitality, things or promises, or any other form, under circumstances
in which it could reasonably be inferred that the gift was intended
to influence him or her or could reasonably be expected to influence
him or her in the performance of his or her official duties or was
intended as a reward for any official action on his or her part. The
recipient of any such gift or gratuity shall immediately return the
same to the giver and shall notify the Town of Greenfield Board of
Ethics, in writing, of the occurrence. This shall not apply to campaign
contributions.
B.
Disclosure
of confidential information. No officer or employee of the Town should
disclose confidential information acquired by him or her in the course
of his or her official duties if such information will further his
or her personal interests or the private interests of others.
C.
Representation
before one's own agency. No officer or employee, shall 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 or she is an officer, member or employee or of
any municipal agency over which he or she has jurisdiction or to which
he or she has the power to appoint any member, officer or employee.
D.
Representation
before one's own agency for a contingent fee. No officer or employee
shall receive or enter into any agreement, express or implied, whereby
his or her 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.
(1)
if any Town officer or employee has a potential or actual conflict
of interest in any matter which he or she encounters in the performance
of his or her official Town duties, he or she shall make known to
all concerned parties the nature of such conflict and shall refrain
from voting or otherwise acting in the matter so as to avoid an actual
conflict. In all cases of potential or actual conflict, the Town Board
shall be made aware of the situation by the person involved. This
disclosure shall be made part of the official record and be on a form
provided by the Town Clerk which shall disclose the nature of the
conflict. A copy of this filed form shall be kept in a separate place
by the Town Clerk for the public record.
(2)
Elected Town officials shall disclose campaign contributions of $100
or more from a person or entity, who is specifically and significantly
affected, positively or adversely, by an action of the Town Board.
Such disclosure requirement applies to contributions made within the
previous two years prior to the date of the relevant Town Board resolution
and shall be made through inclusion within the relevant Town Board
resolution.
F.
Investments
in conflict with official duties. No officer or employee shall invest
or hold any investment, directly or indirectly, in any financial,
business, commercial or other private transaction which creates a
conflict with his or her official duties.
G.
Private
employment. No officer, employee, or consultant shall 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 or her official duties.
H.
Future
employment. No officer or employee, shall, after the termination of
service or employment with the Town of Greenfield, appear before any
board or agency of the Town of Greenfield in relation to any case,
proceeding or application in which he/she personally participated
during the period of his/her service or employment or which was under
his/her active consideration. In the case of a Town Board member,
no such member shall appear in relation to any legislative action
in which he/she participated for a period of two years after leaving
office.
I.
Future
employment. No officer or employee, shall, after the termination of
service or employment with the Town of Greenfield, appear before any
board or agency of the Town of Greenfield in relation to any case,
proceeding or application in which he/she personally participated
during the period of his/her service or employment or which was under
his/her active consideration. In the case of a Town Board member,
no such member shall appear in relation to any legislative action
in which he/she participated for a period of two years after leaving
office.
J.
The Town Board wishes to create a work environment for its employees
free of undue political influence. Opinions from employees of the
Town should be offered freely and without fear; job security should
not be guiding their opinion. As such, any employee who has been urged
to, or commanded to, write letters of support, or vocalize in any
format, by an entity (be it Town Supervisor, Councilman, or otherwise)
which he or she feels is more representative of special interests,
and not in accord with the public's interest, should report such to
the Town Board.
K.
Nepotism.
(1)
Every public officer and every municipal employee related closer
in degree, by blood or by marriage, than first cousin to any persons
seeking employment within any department, section or function of the
Town shall disclose such relationship as provided for pursuant to
the further provisions of this section.
(2)
Every member of any municipal board, agency, commission or other
municipal body (exclusive of committees) related closer in degree,
by blood or by marriage, than first cousin to any applicant for appointment
to or to any person seeking employment by or on behalf of such board,
agency, commission or other municipal body (exclusive of committees)
shall disclose such relationship as provided for pursuant to the further
provisions of this section.
(3)
The disclosures required by this section shall be made in writing,
directed to the Town Clerk, and made at the earliest opportunity following
the date upon which such public officer; municipal employee or member
of any municipal body first learns or has knowledge of the making
of such application by the person seeking such employment and/or appointment.
L.
Political activity. No municipal officer or employee shall use his
or her official position to obtain, provide, furnish or supply any
municipal resource (including but not limited to personnel services,
equipment, supplies or facility) on behalf of any political party
or candidate, political club or association or any political society
or committee. This provision shall not be interpreted or construed
as precluding any municipal officer or employee from being involved
in the political affairs of the Town as a private citizen, nor shall
it preclude any municipal officer or employee from soliciting and/or
receiving campaign contributions in the course of a political campaign
for public office conducted pursuant to the laws of the State of New
York, nor shall it exempt any municipal officer or employee from any
federal, state or local rules, regulations, codes of conduct or other
restrictions imposed by law.
M.
Use of public property. No officer or employee shall request or permit
the use of Town-owned vehicles, equipment, material or property for
personal convenience or profit, except when such services are available
to the public generally or are provided as municipal policy for the
use of such officer or employee in the conduct of official business.
A.
Formation. A local Ethics Board, to be known as the "Town of Greenfield
Ethics Board," is established pursuant to § 808 of the General
Municipal Law.
B.
Members.
(1)
The Ethics Board shall consist of three members, each of whom shall
be appointed by a majority vote of all voting members of the Town
Board. All members must reside in the Town of Greenfield and one member
shall be an officer or employee of the Town. After written notice
and opportunity to reply, any member may be removed by 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 chapter.
(2)
A Chairperson of the Ethics Board shall be appointed by the Town
Board annually. Two members shall constitute a quorum. Members shall
be appointed with initial terms of one, two and three years with subsequent
appointments being for three-year terms. Vacancies on the Board shall
be filled by appointment by majority vote of the Town Board for the
unexpired term of the former member. The members of the Ethics Board
will not be compensated but will be reimbursed for reasonable expenses
incurred in the performance of their duties. The Town Counsel will
act as the Ethics Board Counsel unless another attorney is appointed.
(3)
The Town Board shall appoint one alternate member of the Ethics Board to substitute for a regular member in the event of a conflict of interest or other factor such as illness, vacation or other absences. The alternate member shall be appointed by a majority vote of all voting members of the Town Board for a term of three years. The alternate member must reside in the Town of Greenfield. The Chairperson of the Ethics Board may designate an alternate member to substitute for a regular member when such regular member is unable to participate in review of a matter before the Board. Such designation shall be entered into the minutes of the initial Ethics Board meeting at which the substitution is made. When so designated, the alternate member shall possess all of the powers and responsibilities of the regular member. All provisions relating to removal, compensation, reimbursement, criteria and other matters relating to Ethics Board members set forth in § 13-6 shall also apply to alternate members.
[Added 3-12-2020 by L.L.
No. 1-2020[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
B(3) as Subsection B(4). In addition, this local law provided that
it is specifically intended to supersede the provisions of General
Municipal Law § 808, including provisions which require
that the Ethics Board must included at least one member who is an
elected or appointed officer or employee of the Town but that a majority
of the Board must not be municipal officers or employees, in order
to allow appointment of an alternate member who otherwise might cause
the Board to fail to meet this requirement.
C.
Review procedures.
(1)
The Ethics Committee is empowered only to render determinations as
to whether past, present or reasonably anticipated future conduct
of a municipal officer or employee is in contravention of this chapter,
Article 18 of New York General Municipal Law, or New York common law.
The Ethics Board and Town Board shall receive and review written complaints
of alleged unethical behavior on the part of any Town officer or employee.
Complaints may be made by any individual and must be signed and contain
the name and address of the person making the complaint. Within 30
days of receipt of a written complaint, the Ethics Board shall notify
the affected person by certified mail of the alleged impropriety and
offer him/her the opportunity to appear before the Ethics Board and/or
submit a written response to the Board. In addition, the affected
person may request that the person making the complaint he required
to appear before the Ethics Board at the same time as the affected
person. If the person making the complaint refuses or fails to appear,
the complaint may be dismissed. All proceedings of the Ethics Board
shall be confidential and closed to the public.
(2)
If the Ethics Board determines that unethical behavior has occurred,
It may recommend to the affected person a manner in which the impropriety
may be rectified. An affidavit by the official or employee detailing
his/her compliance with such recommendation may be sufficient to enable
the Ethics Board to forgo any further process.
(3)
If the Ethics Board determines that unethical behavior has occurred
and that the impropriety cannot be rectified or the official or employee
fails to comply with the Board's recommendations to rectifying the
impropriety, the Ethics Board shall file with the Town Board a summary
of the complaint, the Ethics Board's preliminary determination, any
responses received from the person making the complaint and/or the
affected Town official or employee and the Ethics Board's final recommendation.
A copy of this report shall also be mailed to the person making the
complaint and the affected Town official or employee. If the Town
Board agrees with the Ethics Board's determination, the Town Board
shall then determine what penalty, if any, to be imposed.
(4)
If the Ethics Board or Town Board determines that no ethical violation
has occurred, then it shall so notify the affected Town official or
employee and the person making the complaint and the, proceeding shall
be deemed closed.
The Supervisor of the Town of Greenfield 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 chapter.
Each officer and employee elected or appointed thereafter shall be
furnished a copy before entering upon the duties of his/her office
or employment. The Town Clerk shall obtain each officer's and employee's
signature acknowledging receipt of this Code. Failure to distribute
any such copy 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, in any manner provided by law.
