Pursuant to the provisions of § 806
of the General Municipal Law and § 10 of the Municipal Home
Rule Law, the Town of Niskayuna recognizes that there are standards
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 Town government.
It is the purpose of this chapter to promulgate these rules of ethical
conduct for the officers and employees of the Town of Niskayuna. These
rules shall serve as a guide for official conduct of the officers
and employees of the Town of Niskayuna. 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.
The standards, prohibited acts and procedures
established herein are in addition to any prohibited acts, conflict
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:
APPEAR and APPEAR BEFORE
Communicating in any form, including, without limitation,
personally, through another person, by letter, facsimile, electronic
mail, or by telephone.
CONFIDENTIAL INFORMATION
Any data acquired through the course of employment or public
office which the Town has protected from disclosure by law or that
is not protected from disclosure by law but poses or may pose a conflict
of interest.
CONFLICT OF INTEREST
Any action or omission which is in conflict or gives or may
reasonably give the appearance of conflict with the performance of
official Town business or government.
CORPORATION
An artificial person or being, endowed by law with the capacity
of perpetual succession, and shall include corporations organized
as public, private, charitable, civil, domestic, foreign, close, open,
municipal and not-for-profit institutions.
CUSTOMER or CLIENT
A.
Any person to whom a Town officer or employee has supplied goods
or services during the previous 24 months having, in the aggregate,
a value of greater than $1,000; or
B.
Any person to whom a Town officer's or employee's outside employer
or business has supplied goods or services during the previous 24
months having, in the aggregate, a value greater than $1,000, but
only if the officer or employee knows or has reason to know the outside
employer or business supplied the goods or services.
GIFT and FINANCIAL BENEFIT
Except as specifically set forth in §
17-4D, includes any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospitality, privilege, exemption or any promise thereof, or any other gratuity or promise thereof or anything of value. A financial transaction may be a financial benefit but shall not be a gift unless it is on terms not available to the general public. "Gift" and "financial benefit" do not include campaign contributions authorized by law.
MINISTERIAL ACT
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
OUTSIDE EMPLOYER OR BUSINESS
A.
Means:
(1)
Any activity, other than service to the Town, from which the
Town officer or employee receives compensation for services rendered
or goods sold or produced;
(2)
Any entity, other than the Town, of which the Town officer or
employee is a member, officer, director, or employee and from which
he or she receives compensation for services rendered or goods sold
or produced; or
(3)
Any entity in which the Town officer or employee has an ownership
interest, except a corporation of which the Town officer or employee
owns less than 5% of the outstanding stock.
B.
For purposes of this definition, "compensation" shall not include
reimbursement for necessary expenses, including travel expenses.
PERSON
Includes both individuals and entities.
PROFESSIONAL LICENSE
A privilege granted by the State of New York to conduct an
occupation or trade.
PUBLIC BENEFIT CORPORATION
A corporation organized to construct or operate a public
improvement that is located partially or totally in New York State
and the profits from this corporation benefit New York State or other
states or the people of New York State.
RELATIVE
A spouse, child, stepchild, brother, sister, or parent of
the Town officer or employee, or a person claimed as a dependent on
the Town officer's or employee's latest individual state income tax
return, or the spouse of any such person.
TOWN
The Town of Niskayuna, but shall not include the Town Court.
TOWN AGENCY
Any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau, unit
or committee of the Town other than the Town Court.
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town, whether elected or appointed,
paid or unpaid, and includes, without limitation, all members of any
office, board, body, advisory board, council, commission, agency,
department, district, administration, division, bureau, unit or committee
of the Town. Any attorney who is a partner in a law firm or a principal
in a professional corporation whose legal opinion concerning the validity
of the issuance of any debt instrument is generally provided in connection
with the issuance of any bond or other instrument by the Town or any
public benefit corporation whose members are appointed by the Supervisor
or the Town Board shall be deemed a Town officer or employee. "Town
officer or employee" shall not include:
A.
A judge, justice, officer, or employee of the unified court
system; and
B.
No entity established pursuant to the General Municipal Law
of the State of New York shall be deemed an advisory board for purposes
of this subsection.
Any contract or agreement entered into, by or with the Town which results in or from a violation of any provision of §§
17-4,
17-4K and
17-5 of this chapter shall be void unless ratified by the Town Board. Such ratification shall not affect the imposition of any criminal or civil penalties pursuant to this chapter or any other provision of law.