[HISTORY: Adopted by the Town Board of the Town of Southport 4-8-2003
by Res. No. 106-2003. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Southport 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 chapter to promulgate these rules of ethical conduct for the officers
and employees of the Town of Southport. These rules shall serve as a guide
for official conduct of the officers and employees of the Town of Southport.
The rules of ethical conduct of this chapter, 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 officer 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: [1]
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 Southport, 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 chief engineer or assistant chief engineer.
Every officer or employee of the Town of Southport shall be subject
to and abide by the following standards of conduct.
A.
Gifts. He/She shall not, directly or indirectly, solicit
any gift; or accept or receive 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.[1]
B.
Confidential information. He/She shall not disclose confidential
information acquired by him/her in the course of his/her official duties or
use such information to further his/her personal interest.
C.
Representation before one's own agency. He/She 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/she is an officer, member or employee or of any municipal
agency over which he/she has jurisdiction or to which he/she has the power
to appoint any member officer or employee.
D.
Representation before any agency for a contingent fee.
He/She 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/her municipality, whereby his/her compensation is 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 and other matters.
To the extent that he/she knows thereof, a member of the Town Board, Planning
Board, Board of Appeals and Recreation Commission and any officer or employee
of the Town of Southport, whether paid or unpaid, who participates in the
discussion or gives official opinion to the Town Board, Planning Board, Board
of Appeals and Recreation Commission on any legislation or any matters being
considered by and before the Town Board, Planning Board, Board of Appeals
and Recreation Commission shall publicly disclose of 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/She
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/her official duties.
G.
Private employment. He/She 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/her official duties.
H.
Future employment. He/She shall not, after the termination
of service or employment with such municipality, appear before any board or
agency of the Town of Southport in relation to any case, proceeding or application
in which he/she personally participated during the period of his/her service
or employment or which was under his/her 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 Southport, or any agency thereof on behalf of
himself/herself or any member of his/her 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 Southport shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Town of Southport
within 30 days after the effective date of this resolution. Each officer and
employee elected or appointed thereafter shall be furnished a copy before
entering upon the duties of his/her office or employment.
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.
