[HISTORY: Adopted by the Town Board of the
Town of Liberty 10-8-1970. Amendments noted where applicable.]
[Amended 7-8-1996 by L.L. No. 4-1996]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Liberty,
Sullivan County, New York, 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 of Ethics to promulgate these rules of ethical conduct
for the officers and employees of the Town of Liberty. These rules
shall serve as a guide for official conduct of the officers and employees
of the Town of Liberty. The rules of ethical conduct of this Code
of Ethics, as adopted and amended, 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 conflicts of interest of municipal officers and employees.
[Amended 7-8-1996 by L.L. No. 4-1996]
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:
Their 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 Liberty, 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 Liberty
shall be subject to and abide by the following standards of conduct:
A.
Gifts. They shall not, directly or indirectly, solicit
any gift having a value of $75 or more, 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 them or could
reasonably be expected to influence them in the performance of their
official duties or was intended as a reward for any official action
on their part.
[Amended 7-8-1996 by L.L. No. 4-1996]
B.
Confidential information. They shall not disclose
confidential information acquired by themselves in the course of their
official duties or use such information to further their personal
interest.
C.
Representation before one's own agency. They 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 they are an officer, member or employee or before
any municipal agency over which they have jurisdiction or to which
they have the power to appoint any member, officer or employee.
D.
Representation before any agency for a contingent
fee. They 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 this municipality, whereby their
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 or other matter.
To the extent that they know thereof, a member of the Town Board and
any officer or employee of the Town of Liberty, whether paid or unpaid,
who participates in the discussion or gives official opinion to the
Town of Liberty or acts on any legislation or other matter before
the Town Board or any department, committee, commission, board or
agency of the Town shall publicly disclose on the official record
the nature and extent of any direct or indirect financial or other
private interest they have in such legislation or other matter.
F.
Investments in conflict with official duties. They
shall not invest or hold any investment, directly or indirectly, in
any financial, business, commercial or other private transaction which
creates a conflict with their official duties.
G.
Private employment. They 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 their official duties.
H.
Future employment. They shall not, after the termination
of service or employment with this municipality, appear before any
board, commission or agency of the Town of Liberty in relation to
any case, proceeding or application in which they personally participated
during the period of their service or employment or which was under
their active consideration.
I.
No Town employee shall use or attempt to use their
official position to secure unwarranted privileges or exemptions for
themselves or others.
J.
No Town employee shall engage in any transaction as
representative or agent of the Town with any business entity in which
they have a direct or indirect financial interest that might reasonably
tend to conflict with the proper discharge of their official duties.
K.
Each Town employee shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that they
are likely to be engaged in acts that are in violation of their trust.
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 Liberty
or any agency thereof, on behalf of themselves or any member of their
family, arising out of any personal injury or property damage or for
any lawful benefit authorized or permitted by law.
A.
Composition. There is hereby established a Board of
Ethics consisting of three members to be appointed by the Town Board,
all of whom shall reside in the Town of Liberty and who shall serve
without compensation and at the pleasure of the Town Board of Liberty.
A majority of such members shall be persons other than Town officers
or employees, but at least one member shall be an elected or appointed
Town officer or employee.
B.
Duties. The Board of Ethics established hereunder
shall render advisory opinions to Town employees and to the Town Board
on written request and, upon a request of the Town Board, make recommendations
to such Town Board as to any amendments to this code. The opinions
of the Board of Ethics shall be advisory and confidential, and in
no event shall the identity of the Town employee or officer be disclosed
except to authorized persons and agencies.
C.
Organization. Such Board of Ethics, upon its formation,
shall promulgate its own rules and regulations as to its form and
procedures and shall maintain appropriate records of its opinions
and proceedings.
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 in the manner provided by law.
The Supervisor of the Town of Liberty shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Town 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 their
office or employment. The Town Supervisor shall further cause a copy
of this code to be kept posted conspicuously in each public building
under the jurisdiction of the Town. Failure to so distribute or post
shall have no effect on the duty of compliance herewith nor the enforcement
of provisions hereof.
[Amended 7-8-1996 by L.L. No. 4-1996]
Within 30 days of the adoption of this chapter
or any amendment thereto, the Town Clerk shall file a copy thereof
with the appropriate state agency.
The Town Board may appropriate moneys from the
general Town funds for the maintenance of and for personnel services
to the Board of Ethics established hereunder, but such Board of Ethics
may not commit the expenditure of Town moneys except within the appropriations
provided herein.
