[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:
- 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:
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]
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.
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.
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.
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.
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.
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.
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]
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.
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]
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.
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.
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.