[HISTORY: Adopted by the Town Board of the Town of Dayton by L.L.
No. 1-1970 (filed 11-30-1970). Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 14.
The Town Board of the Town of Dayton recognizes that there are state
statutory provisions mandating municipalities to establish rules and standards
of ethical conduct for public officers and employees which, if observed, can
enhance public confidence in local government. In the light of a tendency
today on the part of some people to downgrade our local governments and to
discredit our public servants and our free institutions generally, it appears
necessary that every effort be made to assure the highest caliber of public
administration of this Town as part of our state's important system of local
government. It is the purpose of this chapter to implement this objective
through the establishment of standards of conduct, to provide for punishment
of violation of such standards and to create a Board of Ethics to render advisory
opinions to the Town officers and employees as provided for herein.
The standards, prohibited acts and procedures established herein are
in addition to any prohibited acts, conflicts of interest provisions or procedures
prescribed by statute of the State of New York and also in addition to common
law rules and judicial decisions relating to the conduct of Town officers
to the extent that the same are more severe in their application than this
chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Any board, commission, district, council or other agency, department
or unit of the government of the Town of Dayton.
Any officer or employee of the Town of Dayton, whether paid or unpaid,
whether serving in a full-time, part-time or advisory capacity.
No Town employee shall have any interest, financial or otherwise, direct
or indirect, or engage in any business or transaction or professional activity
or incur any obligation of any nature, which is in substantial conflict with
the proper discharge of his duties in the public interest.
A.
No Town employee shall accept other employment which
will impair his independence of judgment in the exercise of his official duties.
B.
No Town employee shall accept employment or engage in
any business or professional activity which will require him to disclose confidential
information which he has gained by reason of his official position or authority.
C.
No Town employee shall use or attempt to use his official
position to secure unwarranted privileges or exemptions for himself or others.
D.
No Town employee shall engage in any transaction as representative
or agent of the Town with any business entity in which he has a direct or
indirect financial interest that might reasonably tend to conflict with the
proper discharge of his official duties.
E.
No Town employee shall by his conduct give reasonable
basis for the impression that any person can improperly influence him or unduly
enjoy his favor in the performance of his official duties, or that he is affected
by the kinship, rank, position or influence of any party or person.
F.
Each Town employee shall abstain from making personal
investments in enterprises which he has reason to believe may be directly
involved in decisions to be made by him or which will otherwise create substantial
conflict between his duty in the public interest and his private interest.
G.
Each Town employee shall endeavor to pursue a course
of conduct which wilt not raise suspicion among the public that he is likely
to be engaged in acts that are in violation of his trust.
H.
No Town employee employed on a full-time basis, nor any
firm or association of which such employee is a member, nor corporation a
substantial portion of the stock of which is owned or controlled directly
or indirectly by such employee, shall sell goods or services to any person,
firm, corporation or association which is licensed or whose rates are fixed
by the Town in which such employee serves or is employed.
J.
No Town employee within two years after the termination
of his service or employment with the Town shall accept employment which will
involve contracts with the Town which can work to his special advantage by
virtue of his prior contact and relationship with the Town.[2]
K.
No Town employee shall 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, service, loan, travel, entertainment, hospitality, thing
or promise or in 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.[3]
In addition to any penalty contained in any other provision of law,
any such Town employee who shall knowingly and intentionally violate any of
the provisions of this chapter may be fined, suspended or removed from office
or employment in the manner provided by law.
A.
There is hereby established a Board of Ethics consisting
of three members to be appointed by the Town Board, all of whom shall reside
in the Town and who shall serve without compensation and at the pleasure of
the Town Board. 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 Dayton.
B.
The Board of Ethics shall render advisory opinions to
Town employees on written request and upon request of the Town Board make
recommendations to such Board as to any amendments of this chapter. The opinions
of the Board of Ethics shall be advisory and confidential and in no event
shall the identity of the Town employee be disclosed except to authorized
persons or agencies. Such opinions shall be on the advice of counsel employed
by the Board of Ethics or, if none, of the Town Attorney.
C.
Such 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.
Upon the adoption of this chapter the Town Board shall cause a copy
thereof to be distributed to every Town employee. Failure to distribute any
such copy or failure of any Town employee to receive such copy shall have
no effect on the duty of compliance with this code, nor the enforcement provisions
hereof. The Town Board shall further cause a copy of this chapter to be kept
posted conspicuously in each public building under the jurisdiction of the
Town. Failure so to post this chapter shall have no effect on the duty of
compliance herewith, nor the enforcement provisions hereof.
Within 30 days of the adoption of this chapter the Town Clerk shall
file a copy thereof with the office of the State Comptroller.
The Town Board may appropriate moneys from the general fund for the
maintenance of and for personnel services to the Board of Ethics established
hereunder, but such Board of Ethics may not commit the expenditure of municipal
funds except within the appropriations provided.
