Pursuant to the provisions of § 806
of the General Municipal Law, the New Berlin Town Board of the Town
of New Berlin 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 the unit of local government. It is the purpose of
this article to promulgate these rules of ethical conduct for the
officers and employees of the Town of New Berlin. These rules shall
serve as a guide for official conduct of the officers and employees
of the Town of New Berlin. These rules of ethical conduct of this
article, 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 article, the following terms
shall have the meanings indicated:
OFFICER OR EMPLOYEE
An officer or employee of the Town, whether paid or unpaid,
including members of any administrative board, commission or other
agency thereof, whether serving in a full-time, part-time or advisory
capacity. No person shall be deemed to be an officer or employee solely
by reason of being a volunteer fireman or civil defense volunteer,
except a Fire Chief or Assistant Fire Chief.
[Amended 8-21-1995 by L.L. No. 5-1995]
TOWN
Any board, commission, district, council or other agency,
department or unit of government of the Town of New Berlin.
[Amended 8-21-1995 by L.L. No. 5-1995]
No Town officer and employee shall have any
interest, financial or otherwise, direct or indirect, or engage in
any business or transaction or professional activity or incur any
obligation of any nature which is in substantial conflict with the
proper discharge of his duties in the public interest.
Every officer or employee of the Town of New
Berlin shall be subject to and abide by the following standards of
conduct:
A. Gifts. He or she shall not directly or indirectly
solicit any gifts, whether in the form of money, services, loan, travel,
entertainment, hospitality, thing or promise, or any other form, under
circumstances in which it could reasonably be inferred that the gift
was intended to influence him or her and 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.
[Amended 8-21-1995 by L.L. No. 5-1995; 5-13-2013 by L.L. No. 4-2013]
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 of 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 New Berlin Town Board and any
officer or employee of the Town of New Berlin, whether paid or unpaid,
who participates in the discussion or gives official opinion to the
New Berlin Town Board on any legislation before the New Berlin 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 investment, 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 official 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 New Berlin 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 New Berlin
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.
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
prescribed by law.