[HISTORY: Adopted by the Town of East Hampton 9-4-1975; amended 1-28-1997. Subsequent
amendments noted where applicable.]
A.
The proper operation of democratic government requires
that public officials and employees be independent, impartial and
responsible to the people; that government decisions and policies
be made in proper channels of the governmental structure; and that
public office not be used for personal gain. The public judges its
government by the way public officials and employees conduct themselves
in the posts to which they are elected or appointed. The people have
a right to expect that all public officials and employees will conduct
themselves in a manner that will tend to preserve public confidence
in, and respect for, the government they represent.
B.
Such confidence and respect can best be promoted if
every appointed or elected public official and employee, whether paid
or unpaid, will uniformly:
C.
The purpose of this chapter is to establish guidelines
for ethical standards of 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 directing 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:
Any business, proprietorship, firm, partnership, person in
a representative or fiduciary capacity, association, venture, trust
or corporation, whether paid or unpaid, including members of any board,
committee or commission thereof.
A direct or indirect pecuniary or material benefit accruing
to a public officer or employee as a result of a contract or transaction
which is or may be the subject of an official act or action by or
with the Town of East Hampton, 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 purposes
of this code, a public officer or employee shall be deemed to have
an interest in the affairs of:
Any person related to him by blood or marriage
in a degree closer than the fourth degree consanguinity or affinity
(determined by the civil law method),[1] and a divorce or separation between spouses shall not
be deemed to terminate any such relationship;
Any person or business entity with whom a contractual
relationship exists with the public officer or employee;
Any business entity in which the public officer
or employee is an officer, director, or member having a financial
interest in, or employed by;
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 directly
or indirectly by the public officer or employee.
Any legislative, administrative, appointive or discretionary
act of any officer or employee of the Town of East Hampton or any
agency, board, committee or commission thereof.
[1]
Editor's Note: See materials included at the
end of this chapter for a description of consanguinity.
The requirements herein set forth shall constitute
a code of ethics establishing reasonable standards and guidelines
for the ethical conduct of public officers and employees of the Town
of East Hampton.
A.
Interest in contract or transaction.
(1)
No public officer or employee having the power or
duty to perform an official act or action, related to a contract or
transaction which is or may be the subject of an official act or action
of the Town of East Hampton, shall:
(a)
Have or thereafter acquire an interest in such contract
or transaction; or
(b)
Have an interest in any business entity representing,
advising or appearing on behalf of, whether paid or unpaid, any person
involved in such contract or transaction; or
(c)
Have solicited or accepted present or future employment
with a person or business entity involved in such contract or transaction;
or
(d)
Have solicited, accepted or granted a present or future gift, favor, service or thing of value from or to a person involved in such contract or transaction, except as provided in Subsection A(2); or
(e)
Have encouraged, made or accepted any ex parte or
unilateral application or communication where a determination is to
be made after a public hearing and such public employee fails to make
the contents of the communication a part of the record.
B.
Preacquisition of interest. No public officer or employee,
with respect to any contract or transaction which is or may be the
subject of an official act or action of the Town of East Hampton,
shall acquire an interest in or affected by such contract or transaction
at a time when the public employee believes or has reason to believe
that it will directly or indirectly be affected by an official act
or action of the Town of East Hampton.
C.
Disclosure of information. No public officer or employee,
with respect to any contract or transaction which is or may be the
subject of an official act or action of the Town of East Hampton,
shall, without proper legal authorization, disclose confidential information
concerning the property, government or affairs of the Town or use
such information to advance the financial or other private interest
of himself or others.
D.
Incompatible service. No public officer or employee
shall engage in or accept private employment or render service, for
private interest, when such employment or service is incompatible
with the proper discharge of his official duties or would tend to
impair his independence of judgment or action in the performance of
his official duties, unless otherwise permitted by law and unless
disclosure is made as provided in this code.
E.
Appearances. No public officer or employee shall appear
on behalf of any private person, other than himself, his spouse or
minor children, before any Town agency or court. However, a member
of the Town Council may appear before Town agencies on behalf of his
constituents in the course of his duties as a representative of the
electorate or in the performance of public or civic obligations.
F.
Public contracts. No public officer or employee who
in his capacity as such officer or employee participates in the making
of a contract in which he has a private pecuniary interest, direct
or indirect, or performs in regard to that contract some function
requiring the exercise of discretion on his part, shall enter into
any contract with the Town unless:
G.
Public property. No public officer or employee shall
request or permit the unauthorized use of Town-owned vehicles, equipment,
materials or property for personal convenience or profit.
H.
Special treatment. No public officer or employee shall
grant any special consideration, treatment or advantage to any citizens
beyond that which is available to every other citizen.
I.
Later case interest. No public officer or employee
shall, after the termination of service or employment with the Town,
appear before any board, commission, committee or agency of the Town
in relation to any case, proceeding or application in which he personally
participated during the period of his service or employment, or which
was under his active consideration.
A.
It shall not be deemed a violation of the standards
of the code if the interest of a public officer or employee in a person
or business entity is a contractual obligation of less than $500 which
has not been preceded by any other obligation, discharged or existing,
between the parties, and which is not the first in a series of two
or more loans or debts which either of the parties is under an obligation
to make or incur.
B.
A commercially reasonable loan made in the ordinary
course of business by an institution authorized by the laws of this
state to engage in the making of such loans shall not be deemed to
create an interest in violation of this code.
C.
A contract for a commercial retail sale, even though
over the value of $500, shall not be deemed to create an interest
in violation of this code.
A.
Any member of the Town Council who has a financial
interest or personal interest in any proposed action before the Town
Council shall disclose on the record of the Town Council the nature
and extent of such interest.
B.
Any other official or employee who has a financial
or personal interest in any proposed action of the Town Council and
who participates in discussion with or gives an official opinion or
recommendation to the Town Council shall disclose on the record of
the Town Council the nature and extent of such interest.[1]
