[HISTORY: Adopted by the Town Board of the Town of Fallsburg 10-20-1970. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of Fallsburg 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 Fallsburg. These rules shall serve as a guide for official conduct of the officers and employees of the Town of Fallsburg. The rules of ethical conduct herein adopted shall not conflict with but shall be in addition to any prohibition of Article 18 of the General Municipal Law or of any other general or special law relating to ethical conduct and interests in contracts of municipal officers 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:
- A. A municipal officer's or employee's spouse, minor children or dependents, except a contract of employment with the municipality which such officer or employee serves;
- B. A firm, partnership or association of which such officer or employee is a member or employee;
- C. A corporation of which such officer or employee is an officer or director or employee; and
- D. A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Town of Fallsburg, 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 Fallsburg shall be subject to and abide by the following standards of conduct:
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.
Conflicts of interests. He shall not have any interest in any contract with the Town of Fallsburg for the sale of goods or for the rendering of any service by any firm, partnership, association or corporation, except as may be permitted by the provisions of § 801 of the General Municipal Law.
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.
Representation before one's own agency. He shall not receive, or enter into, any agreement, express or implied, for compensation or 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 of which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied for compensation or 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.
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of Fallsburg, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town of Fallsburg 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 he has in such legislation or other matter.
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.
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.
Future employment. He shall not, after the termination of service or employment with such municipality, appear before any Board, Department, Commission or Agency of the Town of Fallsburg 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.
Unwarranted privileges or exemptions. He shall not use or attempt to use his official position or employment to secure unwarranted privileges or exemptions for himself or for others.
Course of conduct. He shall not pursue any course of conduct which will raise or tend to raise a suspicion among the public that he is likely to be engaged in acts that are in violation of his trust and/or oath of office.
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 Fallsburg, 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 Supervisor of the Town of Fallsburg shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town of Fallsburg within 30 days after the effective date of this chapter, and cause a copy of this chapter to be kept posted in each public building under the jurisdiction of the Town of Fallsburg in a place conspicuous to its officers and employees. Each officer and employee elected or appointed hereafter shall be furnished a copy before entering upon the duties of his office or employment. Failure to so distribute or post any such copy shall have no effect on the duty of compliance herewith, nor with the enforcement provisions hereof.
Within 30 days after the adoption of this chapter, the Town Clerk shall file a copy thereof in the office of the State Comptroller.
In addition to any penalty contained in any other provisions of law, any person who shall knowingly and intentionally violate any of the provisions of this chapter may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.