[HISTORY: Adopted by the Town Board of the Town of Delaware 3-21-2007. Amendments
noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Delaware 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 resolution to promulgate
these rules of ethical conduct for the officers and employees of the
Town of Delaware. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Delaware. The
rules of ethical conduct of this resolution, 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.
INTEREST — A direct or indirect pecuniary or
material benefit accruing to a municipal officer or employee as the
result of a contract with the municipality which such officer or employee
serves. For the purposes of this chapter, a municipal officer or employee
shall be deemed to have an interest in the contract of: (a) his spouse,
minor children and dependents, except a contract of employment with
the municipality which such officer or employee serves; (b) a firm,
partnership or association of which such officer or employee is a
member or employee; (c) a corporation of which such officer or employee
is an officer, director or employee; and (d) a corporation any stock
of which is owned or controlled directly or indirectly by such officer
or employee.
An officer or employee of the Town of Delaware, 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 fire chief or assistant fire
chief.
Every officer or employee of the Town of Delaware shall be subject
to and abide by the following standards of conduct:
A.
Gifts. He/she shall not directly or indirectly solicit any gift.
Additionally, he/she shall not accept or receive any gift having a
value of $75 or more, whether in the form of money, services, loans,
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/she 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/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 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/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 agency
of his/her municipality whereby his/her compensation is to be dependent
or contingent upon any action by such agency with respect to such
matter, provided that this paragraph 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/she
knows thereof, a member of the Town Board and any officer or employee
of the Town of Delaware, 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/she has in such legislation.
F.
Investments in conflict with official duties. He/she 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/she 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/her official duties.
H.
Future employment. He/she shall not, after termination of services
or employment with such municipality, appear before any board or agency
of the Town of Delaware in relation to any case, proceeding or application
in which he/she personally participated during the period of his/her
service or employment, or which was under his/her 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 Delaware, or any
agency thereof on behalf of himself/herself or any member of his/her
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 Delaware shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Town. Each officer and employee elected or appointed thereafter
shall be furnished a copy before entering upon the duties of his/her
office or employment. Failure to distribute any such copy or failure
of any officer or employee to receive such copy shall have no effect
on the duty of compliance with such code, nor the enforcement of provisions
thereof.
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 the code may be fined, suspended or removed from
office or employment, as the case may be, in the manner provided by
law.
This chapter shall take effect immediately upon filing with
the Town Clerk.
