The proper operation of democratic government requires that public officials
and employees be independent, impartial and responsible to the people; that
government decisions and policy be made in proper channels of the governmental
structure; that public office not be used for personal gain; and that the
public have confidence in the integrity of its government. In recognition
of these goals, a Code of Ethics for all Town officials and employees is adopted.
The purpose of this code is to establish standards of ethical conduct for
all such officials and employees by setting forth those acts or actions that
are incompatible with the best interests of the Town and by mandating disclosure
by such officials and employees of private financial or other interests in
matters affecting the Town.
As used in this chapter, the following terms shall have the meanings
indicated:
BUSINESS ENTITY
Any business, proprietorship, firm, partnership, person in representative
or fiduciary capacity, association, venture, trust or corporation.
GIFT
A payment, subscription, advance, forbearance, rendering of services,
deposit or money, or anything of value unless consideration of equal or greater
value is received. Gift shall not include a political contribution otherwise
reported as required by law; services provided without compensation by persons
volunteering their time; a commercially reasonable loan made in the ordinary
course of business; a gift to public official or municipal employee from a
member of his/her immediate family; or food, beverage, flowers or miscellaneous
gifts or both, the cost of which is $25 per person; or gifts given by Town
officials and employees to each other.
INTEREST
Monetary or material benefit accruing to a public officer or employee
as a result of a contract or transaction which is the subject of an official
act or action by or with the Town except for such contracts or transactions
which by their terms and by the substance of their provisions confer the opportunity
and right to realize the accrual of similar benefits to all other persons
and/or property similarly situated. For the purpose of this code, a public
officer or employee shall be deemed to have a monetary or material benefit
accruing in the affairs of:
A.
His/her parents, his/her grandparents, his/her siblings, children and
grandchildren; and his/her spouse and his/her parents, grandparents, siblings,
children and grandchildren by blood or by law; and a divorce or separation
between spouses shall not be deemed to terminate any such relationship.
B.
Any person or business entity with whom a contractual relationship exists
with the public officer or employee; except:
(1)
Where a municipal employee or public official is employed by a person
who entered into a contract with the Town, where said employee or public official
is not directly involved in the procurement, preparation, or performance of
such contract, and whose remuneration is not, directly or indirectly, derived
from said contract;
(2)
If the municipal employee or public official is employed by any newspaper
which publishes any municipal notice, resolution, ordinance or other proceeding
where such publication is required or authorized by law;
(3)
If the municipal employee or public official is employed by a public
utility that furnishes public utility service to the Town when the rate or
charges therefor are fixed or regulated by the public utilities control authority;
or
(4)
If the municipal employee or public official is employed by a person
or business which has a contract with the Town if the total consideration
thereunder, when added to the aggregate amount of all consideration payable
under contracts in which said employee or public official has an interest
during a calendar year, does not exceed $500.
C.
Any business entity (with the exclusion of nonprofit corporations and/or
organizations) in which the public officer or employee is an officer, director,
or member having a financial interest in or employed by.
D.
Any business entity in which the stock of, or legal or beneficial ownership
of, in excess of 5% of the total stock or total legal and beneficial ownership,
is controlled or owned by the public officer or employee.
OFFICIAL ACT or ACTION
Any legislative, administrative, appointive or discretionary act
of any officer or employee of the Town or any agency, boards, committee or
commission thereof.
PUBLIC OFFICER or EMPLOYEE
Any person, officer or employee holding a position by election, appointment
or employment in the service of the municipality, whether paid or unpaid,
including members of any board, committee or commission thereof.
The Town Clerk shall cause a copy of this Code of Ethics to be distributed
to every public officer and employee of the Town within 30 days after enactment
of this code. Each public officer and employee elected, appointed or engaged
thereafter shall be furnished a copy before entering upon the duties of this
office or employment.