[HISTORY: Adopted by the Town Board of the Town of Urbana 12-14-1970 by resolution. Amendments
noted where applicable.]
The Town Board of the Town of Urbana 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 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's officers and employees
as provided for herein.
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 Urbana.
Any officer or employee of the Town of Urbana, 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.Â
No Town employee shall accept other employment which will impair
his independence of judgment in the exercise of his official duties.
B.Â
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.Â
No Town employee shall use or attempt to use his official position
to secure unwarranted privileges or exemptions for himself or others.
D.Â
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.Â
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.Â
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.Â
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.Â
No Town employee employed on a full-time basis nor any firm or association
of which such employee is a member nor any 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.
I.Â
Each Town employee shall, to the extent that he is cognizant thereof,
disclose any interest he may have in legislation before the Town Board.
J.Â
No Town employee, within two years after the termination of his service
or employment with the Town, shall accept employment which will involve
contacts with the Town which can work to his special advantage by
virtue of his prior contact and relationship with the Town.
K.Â
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.
[Added 9-10-1990 by L.L.
No. 2-1990]
There is hereby established a Board of Ethics, consisting of
three members to be appointed by the Town Board, all of whom reside
in the Town of Urbana and who shall serve without compensation and
at the pleasure of the Town Board of the Town of Urbana. 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 Urbana.
The Board of Ethics established hereunder shall render advisory
opinions to Town employees on written request and, 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(s) 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, the Town Attorney.
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 Mayor 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 of provisions hereof. The Mayor 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 nor
the enforcement provisions hereof.
[Amended 9-10-1990 by L.L. No. 2-1990]
Within 30 days of the adoption of this chapter or any amendment
thereto, the Town Clerk shall file a copy hereof 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.
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.
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflict of interest provisions
or procedures prescribed by statute of the State of New York and are
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.