[HISTORY: Adopted by the Town Board of the
Town of Wappinger 7-13-1970 by L.L. No. 2-1970. Amendments noted where
applicable.]
Article 18 of the General Municipal Law prohibits the officers
and employees of a municipality from having certain conflicts of interest.
Specifically, § 806 of the General Municipal Law requires
the governing body of each county, city (other than the City of New
York), town, village, school district and fire district to adopt a
Code of Ethics that sets forth guidance for its elected officials,
officers and employees of the standards of conduct reasonably expected
of them. The Code of Ethics adopted by a governing body of a municipality
must set forth standards of conduct for the guidance of the officers
and employees of the municipality with respect to disclosure of interests
in legislation before the local governing body, the holding of investments
in conflict with official duties, private employment in conflict with
official duties, future employment, and such other standards as may
be deemed appropriate and advisable.
The Town Board acknowledges and emphasizes that the officers
and employees of the Town of Wappinger hold their positions to serve
and benefit the public and not for obtaining unwarranted personal
or private gain in the exercise and performance of their official
powers and duties. The Town Board of the Town of Wappinger recognizes
that, in furtherance of this fundamental principle, there is a need
for clear and reasonable standards of ethical conduct. It is the intention
of the Town Board to establish those standards by the adoption of
this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The Town Board of the Town of Wappinger and any committee,
administrative board appointed by the Town Board (e.g., Planning Board,
Zoning Board of Appeals), commission, or other agency, body or department
comprised of two or more municipal officers or employees.
This Code of Ethics.
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 or she, his
or her spouse, or a member of his or her household is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the outstanding stock or owns or controls
more than a five-percent interest of any corporation, partnership,
limited partnership, limited liability company or other business entity.
A paid or unpaid officer or employee of the Town of Wappinger,
including, but not limited to, the members of any municipal board,
whether elected or appointed.
The Town of Wappinger. The word "municipal" refers to the
municipality.
A spouse, domestic partner (as defined in New York State
law), parent, stepparent, sibling, stepsibling, sibling's spouse,
child, child's spouse, stepchild, uncle, aunt, nephew, niece,
first cousin, or household member of a municipal officer or employee,
and individuals having any of these relationships to the spouse of
the officer or employee.
A.
This Code of Ethics applies to the municipal officers and employees
of the Town of Wappinger and shall supersede any prior municipal Code
of Ethics previously adopted by the Town of Wappinger. 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 Wappinger.
B.
This Code of Ethics shall not apply to any consultants employed by
the Town Board, Planning Board, Zoning Board of Appeals, or other
agency or department, including, but not limited to, engineers, attorneys,
environmental consultants, accountants, auditors, or other professional
consultants employed by the Town in an independent capacity.
C.
Notwithstanding the foregoing and to the extent permitted by law
or regulation, any consultant employed by the Town must disclose any
interest or affiliation the consultant has with any individual or
business entity when such individual or business entity has a matter
pending before the Town or any of its boards, agencies or departments
and the consultant, in the performance of his or her duties, must
render professional advice or give an opinion to the Town in connection
with such pending matter.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any private organization
in which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before
a municipal officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
relative, or any private organization in which he or she is deemed
to have an interest, the municipal officer or employee shall disclose
in writing the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the municipal officer or employee, or when the
municipal officer or employee first acquires knowledge of the interest
requiring disclosure, whichever is earlier.
C.
In the case of a person serving in an elective office, the disclosure
shall be filed with the Town Board. In all other cases, the disclosure
shall be filed with the person's supervisor, or if the person
does not have a supervisor, the disclosure shall be filed with the
municipal officer, employee or board having the power to appoint to
the person's position. In addition, in the case of a person serving
on a municipal board or committee, a copy of the disclosure shall
be filed with such board or committee. Any disclosure made to such
board or committee shall be made publicly at a meeting of the board
or committee and must be included in the minutes of the meeting. Copies
of all disclosures shall also be filed with the Town Clerk.
A.
No municipal officer or employee may participate in any decision
or take any official action with respect to any matter requiring the
exercise of discretion, including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board; or
(2)
If the power or duty that is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy, or if the officer does not have a deputy, the power or duty
shall be performed by another person to whom the officer may lawfully
delegate the function.
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position (§ 20-5), disclosure requirements (§ 20-6), and requirements relating to recusal and abstention (§ 20-7) shall not apply with respect to the following matters:
B.
Recusal and abstention shall not be required with respect to any
matter:
(1)
Which comes before a board when a majority of the board's total membership would otherwise be prohibited from acting by § 20-7 of this code;
(2)
Which comes before a board when either New York State law or the
Town's rules require a super majority of the board's total
membership to undertake any affirmative action and such recusal or
abstention will result in less than the required number of members
to take affirmative action to adopt or pass any resolution or local
law.
A.
No municipal officer or employee may acquire the following investments:
B.
This section does not prohibit a municipal officer or employee from
acquiring any other investments or the following assets:
(1)
Real property located within the municipality and used as his or
her personal residence;
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the municipality and acquired more than
one year after the date on which the bonds or notes were originally
issued.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of 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 § 20-7 of this code;
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 § 805-a, Subdivision 1c 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.
A.
No municipal officer or employee may ask for, pursue or accept a
private post-government employment opportunity with any person or
organization that has a matter requiring the exercise of discretion
pending before the municipal officer or employee, either individually
or as a member of a board, while the matter is pending or within the
30 days following final disposition of the matter.
B.
For a period of one year following termination of service as a municipal
officer or employee, no municipal officer or employee may represent
or render services to a private person or organization in connection
with any particular transaction in which he or she personally and
substantially participated while serving as a municipal officer or
employee.
C.
No municipal officer or employee, at any time after serving as a
municipal officer or employee, may represent or render services to
a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A.
Representing himself or herself, or his or her spouse or minor children,
before any of the Board's committees or agencies of the Town;
or
B.
Asserting a claim against any of the Board's committees or agencies
of the Town on his or her own behalf or on behalf of his or her spouse
or minor children.
A.
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel
and the municipality's money, vehicles, equipment, materials,
supplies or other property.
B.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
D.
No municipal officer or employee shall use Town of Wappinger stationery
except in the normal course of business of the Town of Wappinger.
Under no circumstances shall Town of Wappinger stationery be used
by any officer or employee for personal or private use unrelated to
the normal course of business of the Town of Wappinger.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by § 803 of the General Municipal Law.
Except as otherwise required by law:
A.
No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the municipality or a municipal board unless such
relative was reelected as a municipal officer or employee prior to
the adoption of this Code of Ethics or prior to the municipal officer
having assumed municipal duties.
B.
No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties unless
such relative was reelected as a municipal officer or employee prior
to the adoption of this Code of Ethics or prior to the municipal officer
having assumed municipal duties.
A.
No municipal officer or employee shall directly or indirectly attempt
to compel, compel or induce a subordinate municipal officer or employee
to make, or promise to make, any political contribution, whether by
gift of money, service or other thing of value.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any municipal officer or employee, or an applicant for a position
as a municipal officer or employee, on the basis of the giving or
withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
C.
The Town Board may regulate political contributions in contracts
for professional services that are not subject to competitive bidding
in a manner consistent with constitutional rights of free speech and
political association and that are not in conflict with any general
laws of the State of New York.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her 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 or her official powers and duties.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a, Subdivision 1a, of the General
Municipal Law as interpreted in this section.
B.
No municipal officer or employee may directly or indirectly solicit
any gift.
C.
No municipal officer or employee may accept or receive any gift,
or multiple gifts from the same donor, having an annual aggregate
value of $75 or more when:
(1)
The gift reasonably appears to be intended to influence the officer
or employee in the exercise or performance of his or her official
powers or duties;
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3)
The gift is intended as a reward for any official action on the part
of the officer or employee.
D.
For purposes of this section, a "gift" includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail
cost of the item or a comparable item. The fair market value of a
ticket entitling the holder to food, refreshments, entertainment,
or any other benefit is the face value of the ticket or the actual
cost to the donor, whichever is greater. Determination of whether
multiple gifts from a single donor exceed $75 must be made by adding
together the value of all gifts received from the donor by an officer
or employee during the twelve-month period preceding the receipt of
the most recent gift.
E.
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his or her official powers
or duties when the gift is from a private person or organization that
seeks municipal action involving the exercise of discretion by or
with the participation of the officer or employee.
F.
A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding 12 months.
G.
This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as
a municipal officer or employee, is the primary motivating factor
for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee
or other service to the community; or
(6)
Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional or educational
conference or program and the meals and refreshments are made available
to all participants.
A.
There is hereby established a Board of Ethics consisting of five
members, to be appointed by the Town Board, all of whom shall reside
in the Town of Wappinger and who shall serve without compensation
and at the pleasure of the Town Board of the Town of Wappinger. A
majority of such members shall be persons other than Town employees
but shall include at least one member who is an elected or appointed
Town employee of the Town of Wappinger.
B.
Such members of the Board of Ethics shall serve without compensation
for a term of two years commencing with the January following the
general election of Town Board members, but at the pleasure of the
Town Board.
C.
The members of such Board of Ethics shall be recommended by a Councilmember
or the Supervisor.
D.
The Town Board shall appoint the members of the Board of Ethics and
designate the Chairperson thereof.
E.
Members of the Board of Ethics may not serve on any Board other than
the Town Board.
A.
The Board of Ethics shall render advisory opinions to the officers
and employees of the Town of Wappinger with respect to any matter
identified in Article 18 of the General Municipal Law and this code.
Such advisory opinions must be rendered pursuant to the written request
of any such officer or employee under such rules and regulations as
the Board of Ethics may prescribe.
B.
The opinions of the Board of Ethics shall be advisory and confidential,
and in no event shall the identity of the Town employee or Board member
be disclosed except to authorized persons and agencies.
C.
The Board of Ethics shall have subpoena powers and may solicit the
advice of legal counsel employed by the Board of Ethics or, if none,
the Town's legal counsel.
D.
In addition, the Board of Ethics may make recommendations with respect
to the drafting and adoption of a Code of Ethics, or amendments thereto,
upon the request of the Town Board.
A.
The Town Clerk must promptly cause a copy of this code, and a copy
of any amendment to this code, to be posted publicly and conspicuously
in each building under the municipality's control. The code must
be posted within 10 days following the date on which the code takes
effect. An amendment to the code must be posted within 10 days following
the date on which the amendment takes effect.
B.
The Town Clerk must promptly cause a copy of this code, including
any amendments to the code, to be distributed to every person who
is or becomes an officer and employee of the Town of Wappinger.
C.
Every municipal officer or employee who receives a copy of this code
or an amendment to the code must acknowledge such receipt in writing.
Such acknowledgments must be filed with the Town Clerk, who must maintain
such acknowledgments as a public record.
D.
The failure to post this code or an amendment to the code does not
affect either the applicability or enforceability of the code or the
amendment. The failure of a municipal officer or employee to receive
a copy of this Code of Ethics or an amendment to the code, or to acknowledge
receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
The Board of Ethics, upon its formation, shall promulgate its
own rules and regulations as to its form and procedures and shall
maintain appropriate records of its opinions and proceedings.
The Town Board shall annually appropriate enough moneys from
the general Town funds for the maintenance of, and for advisory services
to, the Board of Ethics established hereunder, but such Board of Ethics
may not commit the expenditure of the Town moneys except within the
appropriations provided herein.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.
The provisions of the local law creating this chapter are separable,
and if any provision, clause, sentence, subsection, word or part thereof
is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality,
or inapplicability, shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this
chapter or their application to other persons or circumstances. It
is hereby declared to be the legislative intent of the Town Board
of the Town of Wappinger that this chapter would have been adopted
if such illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein and if such
person or circumstance to which the local law or part thereof is held
inapplicable had been specifically exempt therefrom.
