[HISTORY: Adopted by the Town Board of the
Town of Greenwich 9-9-1970. Amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Greenwich,
New York, 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 Greenwich, New York. These rules shall
serve as a guide for official conduct of the officers and employees
of the Town of Greenwich, New York. 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:
- INTEREST
- A pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Town of Greenwich, New York, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. 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 chief engineer or assistant chief engineer.
Every officer or employee of the Town of Greenwich,
New York, shall be subject to and abide by the following standards
of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift, or accept or receive any gift having a value as set forth
in General Municipal Law § 805-a, 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 9-28-2004 by L.L. No. 2-2004]
B.
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.
Representation before one's own agency. 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.
D.
Representation before any agency for a contingent
fee. 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.
E.
Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Town Board and any officer
or employee of the Town of Greenwich, New York, whether paid or unpaid,
who participates in the discussion or gives official opinion to the
Town Board on any legislation before the Town Board shall publicly
disclose on the official record the nature and extent of any direct
or indirect financial or other private interest he has in such legislation.
F.
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.
G.
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.
H.
Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Town of Greenwich, New York in relation to
any case, proceeding or application in which he personally participated
during the period of his service or employment or which was under
his active consideration.
Nothing herein shall be deemed to bar or prevent
the timely filing by a present or former municipal officer or employee
of any claim, account, demand or suit against the Town of Greenwich,
New York, or any agency thereof on behalf of himself or any member
of his family arising out of any personal injury or property damage
or for any lawful benefit authorized or permitted by law.
The Supervisor of the Town of Greenwich, New
York, shall cause a copy of this Code of Ethics to be distributed
to every officer and employee of the Town of Greenwich within 30 days
after the effective date of this chapter. Each officer and employee
elected or appointed thereafter shall be furnished a copy before entering
upon the duties of his office or employment.
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 code may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
[Added 6-10-2008 by L.L. No. 3-2008]
A.
Creation of Board. The Ethics Board shall consist
of five members, a majority of whom shall not be officers or employees
of the Town of Greenwich. At least one member of the Board shall be
a municipal officer or employee. Each member shall be approved by
a majority vote of all the members of the Town Board. Three members
of the Ethics Board shall constitute a quorum. Any action of the Board
requires three affirmative votes.
B.
Membership and term of office. The members of the
Ethics Board shall serve for a term of five years and shall be appointed
at the organizational meeting of the Town Board in January of each
year, with the terms to be initially staggered as follows: In 2012,
one member shall be appointed for a term of one year; one member shall
be appointed for a term of two years, one member shall be appointed
for a term of three years, one member shall be appointed for a term
of four years, and one member shall be appointed for a term of five
years. As each member's initial term expires, he or she may be reappointed
for a full term of five years, or another individual may be appointed
for a term of five years to replace that person whose term has expired.
Members of the Board are considered to be a municipal officer as defined
by this chapter. Members of the Ethics Board serve at the pleasure
of the Town Board.
[Amended 12-30-2011 by L.L. No. 1-2012]
C.
Compensation and expenses. The members of the Ethics
Board shall serve without compensation, but at the discretion of the
Town Board may be reimbursed for legitimate actual out-of-pocket expenses.
D.
Powers and duties. The Ethics Board shall have the
authority to perform any of the tasks enumerated in § 808
of the General Municipal Law of the State of New York, including,
without limitation, rendering advisory opinions in writing, conducting
hearings as necessary and rendering decisions, and enforcing generally
the ethics of this chapter.
E.
Legal counsel. The Ethics Board, when necessary, may
seek the advice of counsel, which counsel may be the Attorney for
the Town, and Shall pay for such services at a rate determined by
the Ethics Board.
