As used in this Code, the following terms shall
have the meanings indicated:
Town Board (Supervisor and Councilpersons) of the Town of
Clarence.
Code of Ethics of the Town of Clarence 1970, as revised in
September 1997, January 1999 and June 2006.
Son, daughter, stepson, stepdaughter or any other person
who could be claimed as a dependent for federal income tax purposes.
Having or providing any contract, service, or work with the
Town; buying, selling, renting, leasing, or otherwise acquiring from
or dispensing to the Town any goods, services or property.
Spouse, spouse's siblings, parent, parents-in-law, sibling,
child, stepchild, grandparent, aunt, uncle, niece, nephew, grandchild
and their spouses.
Direct or indirect financial or material benefit accruing
to a Town official or employee as the result of the Town, which such
official or employee serves, entering into a contract with a person,
business or other entity. A Town official or employee shall be deemed
to have an interest in the contract of:
A spouse, minor children or dependents, except
their contract of employment with the Town that such official or employee
serves;
A firm, partnership or association of which
such official or employee is a member or employee;
A corporation of which such official or employee
is an officer, director or employee; or
A corporation any stock of which is owned or
controlled directly or indirectly by such official or employee.
A partnership, corporation, trust or other such legally recognizable
body.
Any action by a Town official or employee done in the ordinary
course of his or her duties not requiring the use of judgment.
Entities consisting of two or more people that conduct public
business and perform a governmental function for the Town or an agency
or department thereof.
The act or process of disqualifying oneself from discussion
and/or voting by reason of prejudgment, bias or interest in a subject
matter or action.
The husband or wife of a Town official or employee unless
living separate and apart from the employee or separated pursuant
to a judicial order, decree or judgment or a legally binding separation
agreement.
The Town of Clarence, any of its agencies, boards, committees,
or departments.
Any person working for the Town of Clarence, whether elected,
appointed, or hired, paid or unpaid, serving in a full-time, part-time
or advisory capacity, but does not include the Town Justices, officers
or employees of the Unified Court System, volunteer firemen or civil
defense volunteers.
A person whose principal residence is in the Town or who
owns real property in the Town of Clarence.
A.
Ethical behavior and integrity become recognized characteristics
of an organization only when they exist in the people who make up
the organization. For ethical behavior and integrity to be recognized
as hallmarks of Clarence Town government, each Town official and employee
must be honest and trustworthy at all times and in all actions.
B.
Avoiding even the appearance of impropriety is important
to maintaining public confidence in the integrity of Town government.
Accordingly, each Town official and employee must be committed to
working to earn the confidence of Town residents, fellow employees
and those doing business with the Town.
C.
Equally important are the standards governing meetings
of public bodies (e.g., Town boards, councils, or committees) wherein
compliance by Town officials and employees with the New York State
Open Meeting Law (Public Officers Law §§ 100 to 111)
is required. This assures the public that anytime a quorum of a public
body meets to discuss and/or take action on public business, the meeting
must be announced and conducted open to the public. This requirement
holds whether or not there is intent to take action and regardless
of the manner in which the meeting is characterized.
D.
Achieving high standards of ethical behavior and integrity
often requires making difficult choices. The Town Ethics Board is
available to any Town official or employee for confidential consultation
and guidance on any ethics matter that may be of concern.
No Town official or employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur an obligation of any nature that could be in conflict with the proper discharge of his or her duties in the public interest, as specified in § 19-6.
A.
Prohibited activities.
(1)
No Town official or employee shall engage in any conduct
that could give the reasonable impression that he or she could be
improperly influenced by others in the performance of the Town official's
or employee's official duties or that the official or employee is
affected by the kinship, rank, position or influence of any party
or person.
(2)
No Town official or employee shall disclose confidential
information acquired in the course of the Town official's or employee's
official duties, unless required by law, or use such confidential
information to further his/her personal or financial interest.
(3)
No Town official or employee shall use or attempt
to use his or her official position to secure unwarranted privileges
or exemptions for the official or employee or others or to deny a
legal right to others.
(4)
No Town official or employee shall engage in any private
employment or render services for private interests which could impair
the official's or employee's independence of judgment in the exercise
of his or her official duties for the Town.
(5)
No Town official or employee shall engage in any transaction
as a representative or agent of the Town with any business entity
in which the employee has a direct or indirect financial interest
that could conflict with the proper discharge of the employee's official
duties.
(6)
No Town official or employee shall directly or indirectly
solicit, accept, or receive any gift or series of gifts from a single
source within a calendar year having a value that exceeds $75, whether
in the form of money, service, including professional services, loan,
travel, entertainment, hospitality, thing or promise or in any other
form. Exceptions are:
(7)
No Town official or employee shall make personal investments
in enterprises which the official or employee has reason to believe
may be directly involved in decisions to be made by the official or
employee or which will otherwise create substantial conflict between
the official's or employee's duty in the public interest and the official's
or employee's private interest.
(8)
No Town official or employee shall take or refrain
from taking any action, or agree to take or refrain from taking any
action, or induce or attempt to induce any other Town official or
employee, including members of any board, council, committee or agency
of the Town, to take or refrain from taking any action on any matter
before the Town which he or she knows or has reason to believe may
result in financial or material benefit for any of the following:
(a)
The Town official or employee.
(b)
A member of his or her family.
(c)
A customer or client of his or hers.
(d)
Any partnership or unincorporated association
of which the Town official or employee is a member or employee or
in which he or she has a proprietary interest.
(e)
Any corporation of which the Town official or
employee is an officer or director or of which he or she legally or
beneficially owns or controls more than 5% of the outstanding stock.
(f)
Any person or business with which the Town official
or employee or his or her family member has an employment, professional,
business or financial relationship.
(g)
A person or entity from which the Town official
or employee, or his or her spouse, has received election campaign
contributions totaling more than $250 during the past 12 months.
(9)
No Town official or employee shall enter into an agreement with the Town to purchase goods or services having a value in excess of $500 per year from the Town official or employee, the Town official's or employee's family member, or a company in which the employee has an interest unless those goods or services are provided following an open competitive bidding process and the Town official or employee providing the goods or services files a Transactional Statement of Disclosure as prescribed in § 19-14 of this Code. (Agreements to provide professional services are exempt from this requirement.)
(10)
No Town official or employee shall knowingly transfer
any asset, interest or property for the purpose of concealing same
from the disclosure required by this Code while retaining an equitable
interest therein.
(11)
No Town official or employee shall use any Town personnel
or any Town-owned or Town-leased equipment, materials, supplies or
property for personal gain or benefit to the Town official or employee,
the Town official's or employee's family member or any other entity,
except those which are generally available to all the residents of
the Town. Nothing herein shall limit the Town's ability to assist
those volunteer fire districts that encompass a portion of the Town.
(12)
No former Town official or employee, for a period
of two years after termination of service with the Town, shall appear
before the Town, except on his or her own behalf, in relation to any
case, proceeding or application in which the employee participated,
unless specifically requested by the Town Board.
(13)
No Town official or employee shall appear before any board, council, committee or agency of the Town to represent any private interest listed in § 19-6A(8)(a) to (g).
(14)
No Town official or employee shall direct or influence
any other Town official or employee not to appear before any board,
council, committee or agency of the Town on behalf of the Town. Exceptions
to this restriction are opinions of the Ethics Board and/or the Town
Attorney's office.
(15)
No elected Town Official shall serve as an elected
or appointed officer of a political party during the official's term
of office with the Town.
(16)
No Town official or employee shall directly or indirectly
require any nonelected official or employee of the Town to participate
in an election campaign or require the payment of any assessments,
subscription or contribution to a political party, political party
organization, election campaign or candidate.
(17)
No Town official or employee shall induce, or attempt
to induce, or assist another official or employee of the Town to violate
any provisions of this Code.
A.
Every Town official or employee shall report promptly
in writing to his or her immediate supervisor and the Ethics Board
or the Town Attorney any action by any Town official, employee or
entity doing or seeking to do business with the Town, or a person
acting on behalf of such entity, which he or she interprets to be
an improper attempt to influence him or her in the conduct of his/her
office or any action which appears to him or her to be a violation
of this Code of Ethics.
B.
Any Town official or employee reporting such actions
shall be protected by the Town against reprisal for the lawful disclosure
of such information.
A.
The Ethics Board may recommend a civil penalty in
an amount of up to $10,000 to any Town official or employee who knowingly
and intentionally files a disclosure statement with intent to deceive
or to otherwise fraudulently misrepresent or withhold material information
and such deception or misrepresentation is found to be both intentional
and material.
B.
Penalties enumerated; liability.
(1)
The Ethics Board may recommend a warning, reprimand,
suspension or removal from office or employment and/or a civil penalty
in an amount up to $1,500 for any Town employee who knowingly and
willfully:
(2)
The employee may also be liable in damages to the
Town for any loss or increase in cost incurred by the Town because
of said violation.
D.
Upon the recommendation of the Ethics Board or upon
its own motion, the Town Board may impose additional disciplinary
action as allowed by law.
E.
Any person aggrieved by a final decision made under
this Code may seek judicial review pursuant to Article 78 of the Civil
Practice Law and Rules.
