[HISTORY: Adopted by the Town Board of the Town of Waterford 11-10-1970 by L.L. No.
2-1970. Amendments noted where applicable.]
The Town Board of the Town of Waterford recognizes that there
are state statutory provisions mandating towns 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 violations of such standards and to create a Board of Ethics to
render advisory opinions to the Town's 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 Waterford.
Any officer or employee of the Town of Waterford, whether
paid or unpaid, whether serving in a full-time, part-time or advisory
capacity.
A.
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.
B.
In furtherance of the above, no municipal officer or Town employee
shall have an interest in any contact with the Town or its agencies
of which (s)he is an officer or employee, when such officer or employee
individually or as a member of a board or agency has the power or
duty to:
[Added 12-1-1994 by L.L. No. 5-1994]
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 a 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.
A Town employee shall not, 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
will 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.
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 of Waterford and who shall serve without compensation
and at the pleasure of the Town Board of the Town of Waterford. 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 Waterford.
B.
The Board of Ethics established hereunder shall render advisory opinions
to Town employees on written request and shall, upon request of the
Town Board, make recommendations to such Town 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 and 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.
A.
Upon the adoption of this chapter, the Town Supervisor shall cause
a copy thereof to be distributed to every Town employee of this Town.
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 or the enforcement of provisions hereof. The Town Supervisor
shall further cause a copy of this chapter to be kept posted conspicuously
in each public building under the jurisdiction of the Town. Failure
to so post this chapter shall have no effect on the duty of compliance
herewith or the enforcement of provisions hereof.
B.
Within five days of the adoption of this chapter, the Town Clerk
shall file a copy thereof in the office of the State Comptroller.
The Town Board may appropriate moneys from the general Town
funds 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 Town moneys except within the appropriations
provided herein.
