Officers and employees of the Town of Malta have an obligation
to serve and benefit the public, and not to pursue or obtain personal
or private gain in the exercise and performance of their official
powers and duties, other than as provided by law, contract or resolution
of the Town Board of the Town of Malta. Officers and employees shall
strive to pursue the best interest of the Town of Malta, act within
the limits of their positional authorities and deal forthrightly and
constructively with the public and each other. Officers and employees
shall not make use of misleading or untrue information in the course
of their official duties. The Town Board recognizes that, in furtherance
of these fundamental principles, there is a need for clear and reasonable
standards of ethical conduct. This local law establishes those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Town Board, Zoning Board of Appeals, Town Planning Board
or Board of Assessment Review.
COMMITTEE
A group of volunteers serving at the pleasure of the Town
Board to perform a specified governmental function (e.g., Trails Committee,
Youth Commission, Ethics Committee).
CONTRACT
Any claim, account or demand against or agreement with a
municipality, express or implied, and shall include the designation
of a depository of public funds and the designation of a newspaper,
including, but not limited to, an official newspaper, for the publication
of any notice, resolution, ordinance, or other proceedings where such
publication is required or authorized by law. See General Municipal
Law § 800(2). "Contract" shall also mean an agreement between
two or more persons which creates an obligation to do or not to do
a particular thing. Its essentials are competent parties, subject
matter, a legal consideration, mutuality of agreement, and mutuality
of obligation. (See Black's Law Dictionary.)
EMPLOYEE
Any person paid a wage or salary by the Town of Malta. Receipt
of benefits by members of the Malta Ambulance Corps, Malta Ridge Fire
Co. or Round Lake Hose Company No. 1 does not constitute a wage or
salary as defined herein, and such members are not, by virtue of such
volunteer service, officers or employees.
INTEREST
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he, his spouse,
or a member of his household, is an owner, partner, member, director,
officer, employee, or directly or indirectly owns or controls more
than 5% of the organization's outstanding stock.
OFFICER
All members of a Board; all elected persons; and all appointed
persons required to sign an oath of office.
RELATIVE
A spouse, domestic partner, child, grandchild, sibling or
parent.
This Code of Ethics applies to the officers, employees and committee
persons of the Town of Malta, and shall supersede any prior Town law
or Code of Ethics. The provisions of this Code of Ethics shall apply
in addition to all applicable state and local laws relating to conflicts
of interest and ethics including, but not limited to, Article 18 of
the General Municipal Law, and all rules, regulations, policies and
procedures of the Town of Malta. In the event of a conflict with another
local law, rule, regulation or procedure of the Town of Malta, this
chapter shall control.
Other than as provided by law, contract or resolution of the
Town Board, no municipal officer, employee or committeeperson shall
use his municipal position or official powers or duties, or information
received exclusively due to his municipal position, to secure a financial
or material benefit for himself, a relative, or any organization in
which he has an interest. Officers and employees shall strive to pursue
the best interests of the Town of Malta, act within the limits of
their positional authorities and deal forthrightly and constructively
with the public and each other.
No municipal officer or employee, during his tenure as a municipal
officer or employee, may engage in any private employment, including
conducting any business, commercial, professional or other types of
services, when the employment:
A. Can be reasonably expected to require more than sporadic recusal and abstention pursuant to §
11-6 of this chapter;
B. Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C. Violates Section 805-a(1)(c) or (d) of the General Municipal Law;
or
D. Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A. Representing himself, his spouse or his minor children before the
municipality; or
B. Asserting a claim against the municipality on his own behalf, on
behalf of his spouse or his minor children.
Except as otherwise required by law:
A. No municipal officer or employee may participate in any decision
to appoint, hire, establish or modify salary or wages, promote, discipline
or discharge a relative for any municipal position.
B. No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
No municipal officer or employee who acquires confidential information
(e.g., information protected by New York State and federal privacy
laws, social security numbers, medical information, employment evaluations
and disciplinary records) in the course of exercising or performing
his official powers or duties may disclose or use such information
unless the disclosure or use is required by law or in the course of
exercising or performing his official powers and duties.
In addition to any penalty contained in any other provision
of law, any such town officer or employee who shall knowingly and
intentionally violate any of the provisions of this chapter may be
given a letter of counsel, letter of reprimand, fined, suspended or
removed from office or employment in the manner provided by law, collective
bargaining agreement or terms and conditions of Town employment, including
§ 75 of New York's Civil Service Law.