[HISTORY: Adopted by the Town Board of the
Town of Bergen 12-28-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 118.
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Bergen
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 Bergen. The rules of this chapter shall serve as a
guide for official conduct for the officers and employees of the Town
of Bergen. 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.
An officer or employee of the Town of Bergen, whether paid
or unpaid, including members of the 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 Bergen
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 of $25 or more,
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.
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 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 or any officer or
in the discussion or gives official opinion to the Town or any legislation
before the 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 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 Bergen 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 future municipal officer or employee
of any claim, account, demand or suit against the Town of Bergen,
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 Clerk of the Town of Bergen Town Board shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Town within 20 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 chapter may be fined, suspended,
or removed from office or employment, as the case may be, in the manner
provided by law.
This chapter will take effect on December 28,
1970.