The Town Board of the Town of Highlands recognizes that there are statutory
provisions mandating towns to establish rules and standards of ethical conduct
for public officers and employees which, if observed, can enhance public confidence
in local government. It is the purpose of this chapter to implement this objective
through the establishment of standards of conduct, to provide for punishment
of violations of such standards and to create a Board of Ethics to render
advisory opinions to the town's officers and employees as provided for
herein.
The standards, prohibited acts and procedures established herein are
in addition to any prohibited acts, conflicts of interest provisions or procedures
prescribed by statutes of the State of New York and also in addition to common
law rules and judicial decisions relating to the conduct of town officers
and employees.
As used in this chapter, the following terms shall have the meanings
indicated:
The town employee's spouse, father, mother, brother, sister,
child, grandchild and their respective spouses.
Includes any board, commission, district, council or other agency,
department or unit of the town.
Any officer or employee of the Town of Highlands, whether paid or
unpaid, whether serving in a full-time, part-time or advisory capacity and
whether elected or appointed, and including members of all boards, commissions
and districts and all employees thereof.
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 town employee shall accept other employment which
will impair his independence of judgment in the exercise of his official duties.
B.
No town employee shall accept employment or engage in
any business or professional activity which will require him to disclose confidential
information which he has gained by reason of his official position or authority.
C.
No town employee shall use or attempt to use his official
position to secure unwarranted privileges or exemptions for himself or others.
D.
No town employee shall engage in any transaction as representative
or agent of the town with any business entity in which he has a direct or
indirect financial interest that might reasonably tend to conflict with the
proper discharge of his official duties.
E.
No town employee shall by his conduct give reasonable
basis for the impression that any person can improperly influence him or unduly
enjoy his favor in the performance of his official duties or that he is affected
by the kinship, rank, position or influence of any party or person.
F.
Each town employee shall abstain from making personal
investments in enterprises which he has reason to believe may be directly
involved in decision to be made by him or which will otherwise create substantial
conflict between his duty in the public interest and his private interest.
G.
Each town employee shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that he is likely
to be engaged in acts that are in violation of his trust.
H.
No town employee shall be employed on a full-time basis,
be a member of a firm or association or a corporation a substantial portion
of the stock of which is owned or controlled directly or indirectly by such
employee nor sell goods or services to any person, firm, corporation or association
which is licensed or whose rates are fixed by the town in which such employee
serves or is employed.
I.
Each town employee shall, to the extent that he is cognizant
thereof, disclose any interest he may have in legislation before the Town
Board. A town employee having any such interest shall, before participating
in a discussion or giving an official opinion to the Town Board on such legislation
shall publicly disclose on the record the nature and extent of any direct
or indirect financial or other private interest he has in such legislation.
J.
No town employee within two years after the termination
of his service or employment with the town shall accept employment which will
involve contacts with the town which can work to his special advantage by
virtue of his prior contact and relationship with the town.
K.
No town employee shall 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.
L.
Pursuant to § 805-a of the General Municipal
Law, no town employee shall solicit any gift having a monetary value of $75
or more under circumstances in which it could be reasonably inferred that
the gift was intended to influence or could be reasonably expected to influence
the town employee in the performance of his duties.[1]
In addition to the penalty set forth in § 805 of the General
Municipal Law, any town employee who shall knowingly and intentionally violate
any of the provisions of this chapter may be fined, suspended or removed from
office or employment in the manner provided by law.
With 10 days of his appointment or within 10 days of taking office and
on or before the 10th day of January of each year thereafter while holding
such office or appointment, every town employee shall submit to the town clerk
a sworn statement on the form provided containing the following information:
A.
All real property in the Town of Highlands in which he
and members of his immediate family has an interest either individually or
as a member of a partnership or corporation; the nature and extent of such
interest, with whom such interest is shared and the location of such real
property by street address and tax lot designation.
B.
Any business enterprise in which he and his immediate
family has an interest which does business with the town or is likely to do
business with the town (providing goods, labor or services) including the
name and location of such business enterprise; the nature of the goods, labor
and services provided and the total sum of money received by such business
enterprise from the town during the 12 preceding months.
