[Ord. of 2-1-1971, § 1; Ord.
No. O-10-22, 7-28-2010, § 1]
Pursuant to the provisions of Section 806 of the General Municipal
Law, the Common Council of the City of Poughkeepsie recognizes that
there are rules of ethical conduct for public officers and employees
which must be observed if a high degree of moral conduct and 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 City of Poughkeepsie.
These rules shall serve as the guide for official conduct of the officers
and employees of the City of Poughkeepsie. This code shall be in addition
to all other legal restrictions, standards and provisions pertaining
to the conduct of City officers and employees.
[Ord. of 2-1-1971, § 2; Ord.
No. O-10-22, 7-28-2010, § 1]
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflicts of interest, provisions
or procedures prescribed by statute by the State of New York and also
in addition to the common law rules and judicial decisions relating
to the conduct of municipal officers to the extent the same are more
severe in their application than this chapter.
[Ord. of 2-1-1971, § 3; Ord.
No. O-10-22, 7-28-2010, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
The City of Poughkeepsie Board of Ethics, c/o City of Poughkeepsie
Chamberlain's Office, 62 Civic Center Plaza, Poughkeepsie, New
York 12601, or at the Board's option, may refer such matters
to the County's Board of Ethics, c/o Commissioner of Finance,
22 Market Street, Poughkeepsie, New York, 12601.
The City of Poughkeepsie.
A direct or indirect pecuniary or material benefit accruing
to an officer or employee, or his or her relative, whether as a result
of a contract with the City or otherwise. For the purpose of this
chapter, a City officer or employee shall be deemed to have an interest
in the contract of:
A relative, except as to a contract of employment with the City.
A firm, partnership or association of which such officer or
employee is a member or employee.
A corporation, including a nonprofit corporation, of which such
officer or employee is an officer; director or employee.
A corporation of which more than 5% of the outstanding stock
is owned by any such officer, employee, or his or her relative.
A matter which appears on the agenda of the City Common Council,
or on a committee thereof, on which any official action will be taken,
and shall include proposed or adopted acts, local laws, ordinances
or resolutions.
An officer or employee of the City of Poughkeepsie, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof and, in addition, such definition shall apply
to any municipal officer's or employee's spouse, minor children
and dependants; a firm, partnership or association of which such officer
or employee is a member or employee is an officer, director or employee;
and a corporation; any stock of which is controlled directly or indirectly
by such officer or employee.
A child, stepchild, parent, stepparent, brother, sister,
stepbrother, stepsister, or legal guardian of any of said persons,
of an officer or employee or of the spouse of the officer or employee.
The husband or wife of an officer or employee, unless living
separate and apart pursuant to a judicial order, decree or judgment
of separation or a legally binding written agreement of separation
in accordance with the Domestic Relations Law.
[Ord. of 2-1-1971, § 4; Ord.
No. O-10-22, 7-28-2010, § 1]
(a)
Conflict of interest. No City officer or 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/her duties in the public interest.
(b)
Disclosure of interest. Each municipal officer
and employee shall, to the extent that he/she is cognizant thereof,
disclose, in writing, any interest he/she may have in legislation
or a decision pending before a City board or governing body. Such
disclosure statement shall be filed with the City Chamberlain and
with the board, agency, commission or governmental organization with
whom the conflict arose, and such statement shall become a public
record.
(c)
Gifts. He/she shall not directly or indirectly
solicit any gifts or accept and receive any gift having a value of
$100 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/her, or could reasonably be expected
to influence him/her in the performance of his/her official duties
or was intended as a reward for any official action on his/her part.
(d)
Confidential information. He/she shall not
disclose confidential information acquired by him/her in the course
of his/her official duties or use such information to further his/her
personal interest.
(e)
Other employment. No City officer or employee
shall accept other employment which shall be in conflict with his/her
official duties.
(f)
Representation before one's own agency. He/she 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/she is an officer,
member or employee or of any municipal agency over which he/she has
jurisdiction or to which he/she has the power to appoint any member,
officer or employee.
(g)
No former employee of the City shall personally represent any
person, company, corporation or agency in a matter in which the former
employee personally participated while employed by the City, for two
years, if such representation would be adverse to the interest of
the City. This provision shall not, however, bar the timely filing
by a current or former employee of any claim, account, demand, or
suit arising out of personal injury, property damage, or any benefit
authorized or permitted by law, nor shall it bar the City from hiring,
contracting or retaining a former employee as a consultant.
[Ord. No. O-10-22, 7-28-2010, § 1]
(a)
Purposes. The purpose of this section is to
comply with Section 806 of Article 18 of the General Municipal Law
of the State of New York to provide guidelines and criteria for financial
disclosure for those persons to whom this section is applicable.
(b)
Application. This section shall apply to the
Mayor, members of the Common Council, City Administrator, City Chamberlain,
Corporation Counsel, Assistant Corporation Counsels, department heads,
deputy department heads and division heads.
(c)
Filing. The Chamberlain's office shall
be the official repository for completed annual statements of financial
disclosure and shall provide a statement to that effect with the State
Commission on Local Government Ethics. Any person required to file
an annual statement by this section shall file the financial disclosure
statement with the City Chamberlain by May 15 of each year for the
preceding calendar years. The City Chamberlain shall retain each financial
disclosure statement for six years.
(d)
Financial disclosure statement. The Board of
Ethics shall, from time to time, adopt a disclosure form, which shall
be completed and filed in accordance with this article and Section
806 of the General Municipal Law.
(e)
Penalties.
(1)
Failure to file the financial disclosure statement within 15
additional days after at least one reminder in writing by the City
Chamberlain may be assessed a civil penalty not to exceed $100 for
the first such failure and not to exceed $150 for the second such
failure and not to exceed $250 for any failure to file thereafter.
Exceptions and a waiver of penalties may be made under certain circumstances.
(2)
Any person who knowingly and willfully makes a false statement
or gives information on such statement which such individual knows
to be false shall be assessed a penalty in an amount not to exceed
$1,500, and such person may be subject to disciplinary action by the
appropriate body.
[Ord. of 2-1-1971, § 6; Ord.
No. O-10-22, 7-28-2010, § 1]
In addition to any penalty contained in any other provision
of law, any such municipal officer or employee who shall knowingly
and intentionally violate any of the provisions of this code may be
fined, suspended or removed from office of employment, as the case
may be, in the manner provided by law.
[Ord. of 2-1-1971, § 6; Ord.
No. O-10-22, 7-28-2010, § 1]
Upon adoption of this Code of Ethics, the City Administrator
of the City of Poughkeepsie shall cause a copy thereof to be distributed
to every municipal officer and employee of the City of Poughkeepsie.
Failure to distribute any such copy or failure of any municipal officer
or employee to receive such copy shall have no effect on the duty
of compliance with this code and all amendments thereof nor the enforcement
of provisions hereof. The City Administrator shall further cause a
copy of this code to be posted conspicuously in each public building
under the jurisdiction of the City, along with a copy of Article 18
of the General Municipal Law. Failure to so post shall have no effect
on the duty of compliance herewith nor the enforcement provisions
hereof.
[Ord. of 2-1-1971, § 7; Ord.
No. O-10-22, 7-28-2010, § 1]
Within 30 days of the adoption of this code, the Chamberlain
shall file a copy thereof in the office of the State Comptroller.
[Ord. No. O-10-22, 7-28-2010 § 1]
Pursuant to Article 6.08 of the Charter of the City of Poughkeepsie,
any questions regarding this chapter shall be submitted to the Board
of Ethics, which shall issue an advisory opinion to the Common Council.
Should the Board of Ethics determine that such a request is beyond
its legal purview, it shall notify the Common Council of its determination.
