[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:[1]
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;
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
or director or employee; and
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 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.[2]
Every officer or employee of the Town of Fallsburg
shall be subject to and abide by the following standards of conduct:
A.Â
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.[1]
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
J.Â
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.
K.Â
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.
