[HISTORY: Adopted by the Town Board of the
Town of Bethel as Ch. 9 of the 1979 Code (Ch. 15 of the 1990 Code).
Amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Bethel,
Sullivan County, 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 Bethel. Sullivan County, New
York. These rules shall serve as a guide for official conduct of the
officers and employees of the Town of Bethel, Sullivan County. The
rules of ethical conduct of this chapter, as adopted, shall not conflict
with but shall 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 interest 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:
[Amended 8-18-1990 by L.L. No. 2-1990]
His spouse, minor children and 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, director or employee.
A corporation, any stock of which is owned or
controlled directly or indirectly by such officer or employee.
An officer or employee of a municipality, whether paid or
unpaid, including members of any administrative board, commission,
committee or other agency thereof where the members of which are appointed
by the Town Board of the Town of Bethel. 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.
[1]Every officer or employee of the Town of Bethel,
Sullivan County, 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.
[Amended 8-18-1990 by L.L. No. 2-1990]
B.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.
C.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.
D.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.[1]
[1]
Editor's Note: Original § 9-4, Distribution
of code, which immediately followed this subsection, was deleted 8-18-1990
by L.L. No. 2-1990.
E.Â
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 of any municipal agency over which he has jurisdiction or to which
he has the power to appoint any member, officer or employee.[2]
F.Â
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 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.[3]
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 chapter may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
The Town Supervisor shall cause a copy of the Town's Code of
Ethics to be distributed to every officer and employee of the Town
of Bethel. Failure to distribute any such copy or failure of any
officer or employee to receive such copy shall have no effect on the
duty or compliance with such code, nor the enforcement of provisions
thereof.
