[HISTORY: Adopted by the Town Board of the
Town of Forestburgh 7-5-1990 by L.L No. 1-1990. Amendments noted where
applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 21.
Pursuant to the provisions of § 806
of the General Municipal Law of the State of New York, the Town Board
of the Town of Forestburgh 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. It is the purpose
of this code to promulgate these rules of ethical conduct for the
officers and employees of the Town of Forestburgh. These rules shall
serve as a guide for official conduct of the officers and employees
of the Town of Forestburgh. The rules of ethical conduct of this code,
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:
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an "interest" in the contract of:
His spouse, minor children and dependents, except
a contract of employment with the municipality which such officer
or employee serves.
A firm, partnership or association of which
such officer or employee is a member or employee.
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.
An officer or employee of the Town of Forestburgh, 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 civil defense volunteer, except a fire chief or assistant fire
chief.
Every officer or employee of the Town of Forestburgh
shall be subject to and abide by the following standards of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift or accept or receive any gift having the value of $75 or
more, whether in the form of money, services, loan, travel, entertainment,
hospitality, thing or promise, or in any other form, under circumstances
in which it could reasonably be expected to influence him in the performance
of his official duties or was intended as a reward for any official
action on his part.
B.
Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest.
C.
Representation before one's own agency. He shall not
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 is an officer, member or employee or before any
municipal agency over which he has jurisdiction or to which he has
the power to appoint any member, officer or employee.
D.
Representation before any agency for a contingent
fee. He shall not receive or enter into any agreement, express or
implied, for compensation for services to be rendered in relation
to any matter before any agency of his municipality, whereby his 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 in legislation. To the extent
that he knows thereof, a member of the Town Board and any officer
or employee of the Town of Forestburgh, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Town
Board, shall publicly disclose on the official record the nature and
extent of any direct or indirect financial or other private interest
he has in such legislation.
F.
Investments in conflict with official duties. He shall
not invest or hold any investments, directly or indirectly, in any
financial, business, commercial or other private transaction which
creates a conflict with his official duties.
G.
Private employment. He shall not 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 duties.
H.
Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Town of Forestburgh 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.
Nothing herein shall be deemed to bar or prevent
the timely filing by a present or former municipal officer or employee
of any claim, account, demand or suit against the Town of Forestburgh
or any agency thereof on behalf of himself or any member of his family,
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
The Supervisor of the Town of Forestburgh shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Town of Forestburgh within 30 days after the effective
date of this code. Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon the duties
of his office or employment. Failure to distribute any such copy shall
have no effect on the duty of compliance with such code or the enforcement
of 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, as the case may be, in the manner
provided by law.
