A.Â
General prohibition. No Town officer, employee or Town
consultant shall use his or her official position, office or employment or
take or fail to take any action in a manner which he or she knows or has reason
to know may result in a personal financial benefit for any of the following
persons:
(1)Â
The Town officer, employee, or consultant;
(2)Â
His or her outside employer or business;
(3)Â
A member of his or her household;
(4)Â
A customer or client;
(5)Â
A relative; or
(6)Â
A person from whom the officer or employee has received
election campaign contributions of more than $1,000 in aggregate during the
past 12 months.
B.Â
Recusal. A Town officer, employee or consultant shall promptly recuse himself or herself from acting on a matter before the Town when acting on the matter, or failing to act on the matter, may financially benefit any of the persons listed in Subsection A of this section.
C.Â
Gifts. A Town officer or employee shall not solicit anything
of value from any person who has received or sought a financial benefit from
the Town, nor accept anything of value from any person who the Town officer,
employee or consultant knows or has reason to know has received or sought
a financial benefit from the Town within the previous 24 months.
D.Â
Representation. A Town officer or employee shall not
represent any other person in any matter which that person has before the
Town nor represent any other person in any matter against the interest of
the Town. A Town consultant shall not represent any person in any matter which
that person has before the Town agency or board to which the consultant provides
consulting services.
E.Â
Appearances. A Town officer or employee shall not appear
before any agency of the Town, except on his or her own behalf or on behalf
of the Town.
F.Â
Confidential information. A Town officer, employee or
consultant or former Town officers, employees or consultants shall not disclose
any confidential information or use it to further anyone's personal interests.
G.Â
Political solicitation. A Town officer or employee shall
not knowingly request or knowingly authorize anyone else to request any subordinate
of the Town officer or employee to participate in an election campaign or
contribute to a political committee.
H.Â
Revolving door. A Town officer or employee shall not
appear or practice before the Town, except on his or her own behalf, or receive
compensation for working on any matter before the Town, for a period of one
year after the termination of his or her Town service or employment; however,
the bar shall be permanent as to particular matters on which the Town officer
or employee personally worked while in Town service. A Town consultant shall
not appear or practice before the Town agency or board to which the consultant
provides consulting services for a period of one year after the termination
of his or her Town service or employment; however, the bar shall be permanent
as to particular matters on which the consultant personally worked while in
Town service.
I.Â
Avoidance of conflicts. Town officers, employees and
consultants shall not knowingly acquire, solicit, negotiate for or accept
any interest, employment or other thing of value which would put them in violation
of this Code of Ethics.
J.Â
Inducement of others. A Town officer, employee or consultant
shall not induce or aid another Town officer, employee or consultant to violate
any of the provisions of this Code of Ethics.
A.Â
Whenever a Town officer, employee or consultant is required to recuse himself or herself under the Code of Ethics set forth in § 14-1 of this chapter, he or she shall:
(1)Â
Immediately refrain from participating further in the
matter.
(2)Â
Promptly inform his or her superior, if any, and
(3)Â
Promptly file with the Town Clerk a signed statement
disclosing the nature and extent of the prohibited action or, if a member
of a board, shall state that information upon the public record of the board.
The provisions of §§ 14-1 and 14-2 of this chapter shall not prohibit, or require recusal or transactional disclosure as a result of:
A.Â
An action specifically authorized by statute, rule or
regulation of the State of New York or of the United States.
B.Â
A ministerial act.
D.Â
Gifts or benefits having a value of $50 or less that
are received by a Town officer, employee or consultant listed in § 11
of the Domestic Relations Law of the State of New York for the solemnization
of a marriage by that officer or employee at a place other than his or her
normal public place of business or at a time other than his or her normal
hours of business.
E.Â
Awards from charitable organizations.
F.Â
Receipt of Town services or benefits, or use of Town
facilities, that are generally available on the same terms and conditions
to residents or a class of residents in the Town.
G.Â
Representation of constituents by elected officials without
compensation in matters of public advocacy.
H.Â
Town officers and employees appearing or practicing before
the Town or receiving compensation for working on a matter before the Town
after termination of their Town service or employment where they performed
only ministerial acts while working for the Town.
A.Â
Prohibited interests. No Town officer, employee or consultant
shall have an interest in a contract with the Town, or an interest in a bank
or trust company, that is prohibited by § 801 of the General Municipal
Law of the State of New York. Any contract willfully entered into by or with
the Town in which there is an interest prohibited by that section shall be
null, void and wholly unenforceable, to the extent provided by § 804
of that law.
B.Â
Discloseable interests. Any Town officer, employee or
consultant who has, will have or later acquires an interest in any actual
or proposed contract with the Town shall publicly disclose the nature and
extent of that interest in accordance with § 803 of the General
Municipal Law. The Clerk of the governing body of the Town shall cause a copy
of that disclosure to be filed promptly with the Ethics Board.
C.Â
Violations. Any Town officer, employee or consultant
who willfully and knowingly violates the provisions of this section shall
be guilty of a misdemeanor, to the extent provided by § 805 of the
General Municipal Law.
Unless otherwise stated or unless the context otherwise requires, when
used in this chapter the following terms shall have the meanings indicated:
Communicating in any form, including, without limitation, personally,
through another person, by letter or by telephone.
Any person to whom a Town officer, employee or consultant has supplied
goods or service during the previous 24 months having, in the aggregate, a
value greater than $1,000 or any person to whom a Town officer's, employee's
or consultant's outside employer or business has supplied goods or services
during the previous 24 months having, in the aggregate, a value greater than
$1,000 but only if the Town officer, employee or consultant knows or has reason
to know the outside employer or business supplied the goods or services.
The Ethics Board of the Town of Goshen established pursuant to § 14-14 of this chapter.
Include any money, service, license, permit, contract, authorization,
loan, travel, entertainment or hospitality, or any promise thereof, or any
other gratuity or promise thereof or anything of value. A financial transaction
may be a financial benefit but shall not be a gift unless it is on terms not
available to the general public. "Gift" and "financial benefit" do not include
campaign contributions authorized by law.
Any claim, account or demand against or in agreement with the Town,
express or implied, including designation of a depository of public funds
and the designation of an official newspaper, and direct or indirect pecuniary
or material benefit accruing to an officer or employee as a result of a business
or professional transaction with the Town. For the purposes of this chapter,
an officer or employee shall be deemed to have a direct interest in the affairs
of.
His spouse, minor children and dependents.
A business concern, partnership or association of which such officer
or employee is a member, partner, owner, director 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 action performed in a prescribed manner without the exercise of
judgment or discretion as to the propriety of the act.
Any activity, other than service to the Town, from which the Town officer,
employee or consultant received compensation for services rendered or goods
sold or produced.
Any entity, other than the Town, of which the Town officer, employee
or consultant is a member, officer, director or employee and from which he
or she received compensation for services rendered or goods sold or produced.
Any entity in which the Town officer, employee or consultant has an
ownership interest, except a corporation of which the Town officer or employee
owns less than 5% of the outstanding stock.
For the purposes of this definition, "compensation" shall not include
reimbursement for necessary reasonable expenses, including travel expenses.
|
Includes both individuals and entities.
A spouse, child, step-child, brother, sister or parent of the Town
officer or employee, or a person claimed as a dependent on the Town officer's
or employee's latest individual state income tax return.
Another Town officer or employee over whose activities he or she
has direction, supervision or control, except those who serve in positions
that are in the exempt classification under § 41 of the Civil Service
Law of the State of New York or in the unclassified service under Subdivisions
(a) through (f) of § 35 of that law.
The Town of Goshen but shall not include the Town Court.
Any individual, group or firm which renders ongoing services on behalf
of the Town to any Town officer, Town Board, Planning Board, Zoning Board
of Appeals or any other Town agency or commission. "Town consultant" shall
not include a consultant specially retained solely for a particular project.
Any officer or employee of the Town, whether paid or unpaid, and
includes, without limitation, all members of any office, board, body, advisory
board, council, commission, agency, department, district, administration,
division, bureau, or committee of the Town. "Town officer or employee" shall
not include:
A judge, justice, officer or employee of the unified court system.
A volunteer firefighter or civil defense volunteer, except a fire chief
or assistant fire chief.
A member of an advisory board of the Town if, but only if, the advisory
board has no authority to implement its recommendations or to act on behalf
of the Town or to restrict the authority of the Town to act. No entity established
pursuant to the General Municipal Law of the State of New York shall be deemed
an advisory board for purposes of this subsection.
A.Â
Except as provided in Subsection C of this section, the outside employer or business of a Town officer, employee or consultant shall not appear before the particular agency in which the Town officer, employee or consultant serves or by which he or she is employed.
B.Â
Except as provided in Subsection C of this section, the outside employer or business of a Town officer, employee or consultant shall not appear before any other Town agency if the Town officer, employee or consultant has the authority to appoint any officer, employee or member of the agency or to review, approve, audit or authorize any budget, bill, payment or claim of the agency.
C.Â
Nothing in this section shall be construed to prohibit
the outside employer or business of a Town officer, employee or consultant
from:
A.Â
Officers and employees required to file. Officers and
employees holding the following job titles or positions shall be required
to file a signed annual disclosure statement:
(1)Â
Town Supervisor.
(2)Â
Town Councilpersons.
(3)Â
Town Clerk.
(4)Â
Deputy Town Clerk.
(5)Â
Highway Superintendent.
(6)Â
Receiver of Taxes.
(7)Â
Deputy Receiver of Taxes.
(8)Â
Assessor.
(9)Â
Planning Board Members.
(10)Â
Zoning Board of Appeals Members.
(11)Â
Building and Zoning Inspector.
(12)Â
Town Engineer.
(13)Â
Town Attorney.
(14)Â
Assessment Board of Review.
(15)Â
Environmental Review Board.
(16)Â
Town Board of Ethics.
B.Â
Time and place for filing. Annual disclosure statements
shall be filed with the Ethics Board:
C.Â
Changes in disclosed information. Within 30 days after
a change in the information contained in his or her most recently filed annual
disclosure statement, an officer or employee shall file a signed amendment
to the statement indicating the change.
D.Â
Contents of annual disclosure statement. The annual disclosure
statement shall disclose:
(1)Â
The location of any real property within the Town, or
within one mile of the boundary of the Town, in which the officer or employee,
or his or her relative, has a financial interest.
(2)Â
With respect to each outside employer or business of
the Town officer or employee:
(a)Â
Its name (if any);
(b)Â
The nature of its business;
(c)Â
Whether it is self employment, a sole proprietorship
or an entity and, if an entity, what type of entity;
(d)Â
The Town officer's or employee's relationship to it,
such as owner, partner, officer, director, member, employee or shareholder.
E.Â
Good-faith efforts. Failure to disclose the information required by Subsection D of this section with respect to a Town officer's or employee's spouse or other relative shall not constitute a violation of that subsection if the officer or employee has made a good-faith effort to obtain the information and if he or she also sets forth those efforts in his or her disclosure statement.
A.Â
Where a person requests the Town or a Town officer or employee to take or refrain from taking any action (other than a ministerial act) that may result in a financial benefit both to the requester and to either any officer or employee of the Town or one of the other persons listed in § 14-1A of this chapter, the requester shall disclose the names of any such persons, to the extent known to the requester at the time of the request.
B.Â
If the request is made in writing, the disclosure shall
accompany the request. If the request is oral and made at a meeting of a public
body, the disclosure shall be set forth in the public record of the body.
If the request is oral and not made at a meeting of a public body, the disclosure
shall be set forth in a writing filed with the Town Clerk.
A.Â
Disclosure. Every application, petition or request submitted
for a variance, amendment, change of zoning, approval of a plat, exemption
from a plat or official map, license or permit, pursuant to the provisions
of any ordinance, local law, rule or regulation constituting the zoning and
planning regulations of the Town, shall state the information required, to
the extent required, by § 809 of the General Municipal Law of the
State of New York.
B.Â
Violations. Any person who willfully and knowingly violates
the provisions of this section shall be guilty of a misdemeanor, to the extent
provided by § 809 of the General Municipal Law.
Any contract or agreement entered into by or with the Town which results in or from a violation of any provision of § 14-1, 14-2 or 14-7 of this chapter shall be void unless ratified by the governing body of the Town. Such ratification shall not affect the imposition of any criminal or civil penalties pursuant to this chapter or any other provision of law.
A.Â
Disciplinary action. Any Town officer or employee who
engages in any action that violates any provision of this chapter may be warned
or reprimanded or suspended or removed from office or employment, or be subject
to any other sanction authorized by law or collective bargaining agreement,
by the appointing authority or person or body authorized by law to impose
such sanctions. A warning, reprimand, suspension, removal or other authorized
sanction may be imposed in addition to any other penalty contained in this
chapter or in any other provision of law.
B.Â
Civil fine. Any Town officer or employee who violates any provision of this chapter may be subject to a civil fine of up to $1,500 for each violation. A civil fine may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to Subsection D of this section. A civil fine may not be imposed for a violation of § 14-5 of this chapter.
C.Â
Damages. Any person, whether or not a Town officer or employee, who violates any provision of this chapter shall be liable in damages to the Town for any losses or increased costs incurred by the Town as a result of the violation. Such damages may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to Subsection D of this section.
D.Â
Civil forfeiture. Any person, whether or not a Town officer or employee, who intentionally or knowingly violates any provision of this chapter may be subject to a civil forfeiture to the Town of a sum equal to three times the value of any financial benefit he or she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil fine pursuant to Subsection B or damages pursuant to Subsection C of this section. Civil forfeiture shall not be available for a violation of § 14-5 of this chapter.
E.Â
Misdemeanor. Any person, whether or not a Town officer or employee, who intentionally or knowingly violates any provision of this chapter shall be guilty of a Class A misdemeanor and, upon conviction thereof, if a Town officer or employee, shall forfeit his or her Town office or employment. This subsection shall not apply to a violation of § 14-5 of this chapter.
A.Â
Any person, whether or not a Town officer or employee, who intentionally or knowingly violates any provision of this chapter shall be prohibited from entering into any contract with the Town for a period not to exceed three years. Debarment may not be imposed for a violation of § 14-5 of this chapter.
B.Â
No person, whether or not a Town officer or employee, shall enter into a contract in violation of a bar imposed pursuant to Subsection A of this section.
C.Â
Nothing in this section shall be construed to prohibit
any person from receiving a service or benefit, or from using a facility,
which is generally available to the public.
D.Â
Under this section, a corporation, partnership or other
entity shall not be held vicariously liable for the actions of an employee.
A corporation, partnership or other entity shall not be debarred because of
the actions of an employee unless the employee acted in the execution of company
policy or custom. A store, region, division or other unit of an entity shall
not be debarred because of the actions of an employee of that unit unless
the employee acted at the direction, or with the actual knowledge or approval,
of the manager of the unit.