The purpose of this article is to promulgate the rules of ethical
conduct as set forth herein, to be observed by all officers and employees
of the Town of Chatham. Said rules shall serve as a guide for official
conduct of the officers and employees of the Town of Chatham. Said
rules of ethical conduct, as set forth herein, shall not conflict
with but shall be interpreted to 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 interests in contracts
of municipal officers and employees.
As used in this article, the following terms shall have the
meanings indicated:
A pecuniary or material benefit accruing to a municipal officer
or employee or any pecuniary or material benefit accruing to:
The municipal officer's or employee's spouse, minor children
and dependents;
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; or
A corporation, any stock of which is controlled, directly or
indirectly, by such officer or employee.
Any board, commission, district, council or other agency,
department or unit of the government of the Town of Chatham.
Any officer or employee of the Town of Chatham, whether paid
or unpaid, serving in a full-time, part-time or advisory capacity.
No Town 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.
A.
No
individual covered by this policy may take part in any hiring or employment
decision relating to a family member. If a hiring or employment matter
arises relating to a family member, then the employee must advise
his or her supervisor of the relationship, and must be recused from
any and all discussions or decisions relating to the matter.
B.
No
individual covered by this policy may take part in any contracting
decision, relating to a family member; or relating to any entity in
which a family member is an officer, director or partner.
Every officer or employee of the Town of Chatham 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 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 him
or 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 contigent
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 Board of Supervisors and any officer or employee of
the Town of Chatham, whether paid or unpaid, who participates in the
discussion or gives an official opinion to the Board of Supervisors
on any legislation before the Board of Supervisors 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 substantial 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 Chatham 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.
A.
Consideration
of politics in employment and contracting.
(1)
No individual covered in this policy who is involved in recruiting,
interviewing or hiring applicants for Town employment, or making appointments
to Town boards or commissions or making promotional, disciplinary
or other employment decisions relating to Town employees, may ask
any such applicant or employee to reveal the party affiliation of
the applicant; whether the applicant has made campaign contribution
to any party, elected official or candidate for elective office; or
whether the candidate voted for any elected official or candidate
for elective office. The provisions of this paragraph shall not apply
to circumstances where such inquiry is necessary for the proper application
of state law or approved Town agency or public authority rules, policies
or practices (e.g., inquiring about party affiliation where state
law limits the number of members of a Town board who can be from the
same party).
(2)
No individual covered by this policy who is involved in awarding
of Town contracts or making decisions relating to Town contracts,
may ask any officer or director of such current or prospective contractor
to reveal the party affiliation of the individual; or whether the
individual or entity has made campaign contributions to any party,
elected official or candidate for elective office.
B.
Campaign
contribution and political volunteerism.
(1)
No individual covered by this policy while on Town property, real
or personal, may require or demand any other person to volunteer for
a political affiliated event or activity as an incidence of or as
a condition of their employment
(2)
No individual covered by this policy while on Town property, real
or personal, may require or demand that any other person make or offer
to make any monetary contribution to any political campaign or committee
as an incidence of or as a condition of their employment.
(3)
No Town official or employee, whether elected or appointed, shall
threaten the dismissal from any Town position as a reward or punishment
for any political activity unless otherwise authorized by law.
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 Chatham 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 Chairman of the Board of Supervisors of the Town of Chatham
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the Town within 45 days after the effective
date of this chapter. Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon the duties
of his 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 an amount not to exceed
$1,000, suspended or removed from office or employment, as the case
may be, in the manner provided by law.
