[HISTORY: Adopted by the Town Board of the Town of Clayton 4-13-2011 by Res. No. 37. Amendments noted where applicable.]
This code shall be entitled "A Code Replacing the Former Code
of Ethics, originally adopted in 1970 and any amendments thereof,
for the Town of Clayton."
This code is enacted pursuant to § 806 of the General
Municipal Law and § 10 of the Municipal Home Rule Law and
is not intended to authorize any conduct prohibited by Article 18
of the General Municipal Law.
Officers and employees of the Town of Clayton hold their positions
to serve and benefit the public, and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Town Board of the Town of Clayton
recognizes that there are state statutory provisions mandating towns
to establish rules and standards of ethical conduct for public offices
and employees which, if observed, can enhance public confidence in
local government. The purpose of this code is to implement this objective
through the establishment of clear and reasonable standards of ethical
conduct for officers and employees of the Town, to afford officers
and employees of the Town guidance on such standards, to provide for
punishment of the violation of such standards, and to provide for
the fair and effective administration of this code.
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflicts of interest provisions
or procedures prescribed by statute and case law relating to the conduct
of Town officers and employees. To the extent this code includes prohibited
acts, conflicts of interest provisions or procedures not included
in § 808 of the General Municipal Law, the provisions of
this code shall apply. This code shall supersede any prior municipal
Code of Ethics and all rules, regulations, policies and procedures
of the Town of Clayton.
As used in this code, the following terms shall have the meanings
indicated:
The governing board of a municipality and any municipal administrative
board (e.g., Planning Board, Zoning of Board of Appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
This Code of Ethics.
Includes anything of value, whether in the form of money,
service, loan, travel, entertainment, hospitality, thing or promise,
or in any other form. For the purposes of this code, "gift" shall
not include:
Gifts made to the municipality;
Gifts from a person with a family or personal relationship with
the officer or employee when the circumstances make it clear that
the personal relationship, rather than the recipient's status
as a municipal officer or employee, is the primary motivating factor
for the gift;
Gifts given on special occasions, such as marriage, illness,
or retirement, which are modest, reasonable and customary;
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee,
or other service to the community;
Meals and refreshments provided when a municipal officer or
employee is a speaker or participant at a job-related professional
or educational conference or program and the meals and refreshments
are made available to all participants;
Meals and refreshments or items of little intrinsic value provided
while in attendance at local social events, such as holiday festivities
or functions that local officials routinely attend, such as chamber
of commerce events or an event or activity fulfilling a public purpose;
or
General benefits available to the general public.
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he or she, his
or her spouse, or a member of his or her household, is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
The Town of Clayton. The word "municipal" refers to the municipality.
Any officer or employee of the Town of Clayton, whether paid
or unpaid, including members of any administrative board, commission
or other agency thereof, whether serving in a full-time, part-time
or advisory capacity. The term "Town employee" does not include a
person who is a member of a volunteer emergency services organization
or a person who serves without compensation on a temporary Town committee
and who is not otherwise an employee or officer of the Town.
That the official or employee may not deliberate, vote or
participate in any way in that matter. The official or employee should
disclose his or her conflict and remove himself or herself from the
Board or committee. He or she should not provide input regarding the
matter from the audience in his or her capacity as a member of the
public.
A spouse, parent, step-parent, sibling, step-sibling, sibling's
spouse, child, step-child, uncle, aunt, nephew, niece, first cousin,
or household member of a municipal officer or employee, and individuals
having any of these relationships to the spouse of the officer or
employee.
Any board, commission, district, council or other agency,
department or unit of government of the Town of Clayton.
The same as "municipal officer or employee."
A.
No municipal officer or employee shall use his or her municipal position
or official powers and duties to secure a financial or material benefit
for himself or herself, a relative, or any private organization in
which he or she is deemed to have an interest.
B.
No Town 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 or her
duties in the public interest.
C.
No Town officer or employee shall have an interest in any contract
with the municipality of which he or she is an officer or employee,
when such officer or employee, individually or as a member of a board,
has the power or duty to negotiate, prepare, authorize or approve
the contract or authorize or approve thereunder, audit bills or claims
under the contract, or appoint an officer or employee who has any
of the powers or duties set forth herein.
D.
No Chief Fiscal Officer, Treasurer or deputy or employee of the Town
shall have an interest in a bank or trust company designated as a
depository, paying agent, registration agent or for investment of
funds of the municipality of which he or she is an officer or employee.
This subsection does not prohibit ownership of up to 5% of the outstanding
shares of such bank or trust company.
E.
No Town officer or employee shall accept other employment which will
impair his or her independence of judgment in the exercise of his
or her official duties.
F.
No Town officer or employee shall accept employment or engage in
any business or professional activity which will require him or her
to disclose confidential information which he or she has gained by
reason of his or her official position or authority. Town officers
and employees and former Town officers and employees shall not disclose
any confidential information acquired by them in the course of their
official duties or use it to further personal interests.
G.
No Town officer or employee shall use or attempt to use his or her
official position to secure unwarranted privileges or exemptions for
himself or herself or others.
H.
No Town officer or employee shall engage in any transaction as representative
or agent of the Town with any business entity in which he or she has
a direct or indirect financial interest that might reasonably tend
to conflict with the proper discharge of his or her official duties.
I.
Each Town officer or employee shall refrain from making personal
investments in enterprises which he or she has reason to believe may
be directly involved in decisions to be made by him or her or which
will otherwise create substantial conflict between his or her duty
in the public interest and his or her private interest.
J.
Each Town officer or employee shall pursue a course of conduct which
will not raise suspicion among the public that he or she is likely
to be engaging in acts that are in violation of his or her trust.
K.
Each Town officer or employee shall disclose any interest of which
he or she is aware in any matters pending before any board of the
Town.
L.
Each Town officer or employee shall disclose any and all personal
interest in legislation pending before the Town Board and affirmatively
abstain from discussion or voting on legislation to which the official
or employee has an interest. Each Town officer or employee shall refrain
from influencing or attempting to influence other public officers
or employees with respect to such legislation.
M.
No Town officer or 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, services, loan, travel, entertainment,
hospitality, thing or promise or in any other form under such circumstances
in which it could reasonably be inferred that the gift was intended
to influence him or her or could reasonably be expected to influence
him or her in the performance of his or her official duties or was
intended as a reward for any official action on his or her part.
N.
A Town officer or employee shall promptly recuse himself or herself
from acting on a matter before the Town when acting on the matter,
or failing to act on the matter, may financially benefit any of the
following persons: the Town officer or employee; his or her outside
employer or business; a member of his or her household; a customer
or client; a relative; or a person from whom the officer or employee
has received election campaign contributions of more than $1,000 in
the aggregate during the past 12 months.
O.
No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the municipality or a municipal board.
P.
No municipal officer or employee may supervise a relative in the
performance of the relative's official powers and duties.
Q.
No Town resources may be used in furtherance of such campaign activities,
including, but not limited to, mass mailings, telephones, office supplies,
postage, copying machines, computers or support staff.
R.
No Town officer shall knowingly act contrary to a lawful resolution
or motion duly adopted by the Town Board.
S.
This code shall not be construed as prohibiting a municipal officer
or employee from:
Any municipal officer or employee who has, will have, or later
acquires an interest in an actual or proposed contract with the municipality
or other matter pending before any board or agency thereof, shall
publicly disclose the nature and extent of such interest, in writing,
to the governing body thereof as soon as he or she has knowledge of
such actual or prospective interest. Such disclosure shall be completed
by all elected Town officials, all full- and part-time Town employees,
and each member of all boards of the Town, whether paid or volunteer.
A.
Any municipal officer or employee who has, will have, or later acquires
an interest in or whose spouse has, will have, or later acquires an
interest in any actual or proposed contract, purchase agreement, lease
agreement or other agreement, including oral agreements, with the
municipality of which he or she is an officer or employee, shall publicly
disclose the nature and extent of such interest, in writing, to his
or her immediate supervisor and to the governing body thereof as soon
as he or she has knowledge of such actual or prospective interest.
Such written disclosure shall be made part of and set forth in the
official record of the proceedings of such body.
A.
This code's prohibition on use of a municipal position (§ 31-6), disclosure requirements (§ 31-7), and requirements relating to recusal and abstention (§ 31-8), shall not apply with respect to the following matters:
A.
Disciplinary action. Any Town officer or employee who engages in
any action that violates any provision of this code may be warned
or reprimanded or be subject to any other sanction authorized by law
or collective bargaining agreement by the appointing authority or
person or body authorized by law to impose such sanctions. A warning,
reprimand, or other authorized sanction may be imposed in addition
to any other penalty contained in this code or in any other provision
of law.
B.
Damages. A Town officer or employee who violates any provision of this code shall be liable in damages to the Town for any losses or increased costs incurred by the Town as a result of the violation. Such damages may be imposed in addition to any other penalty contained in any other provision of law or in this code, other than a civil forfeiture pursuant to Subsection C of this section.
C.
Civil forfeiture. A Town officer or employee who intentionally or knowingly violates any provision of this code may be subject to a civil forfeiture to the Town of a sum equal to three times the value of any financial benefit he or she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in any other provision of law or in this code, other than a civil fine pursuant to Subsection C or damages pursuant to Subsection B of this section.
D.
Violation. A Town officer or employee who intentionally or knowingly
violates any provision of this code may be guilty of a violation and
be subject to a maximum fine of $250 for each such violation or a
fifteen-day term of imprisonment or both.
The Town of Clayton hereby deems that the Jefferson County Board
of Ethics will be utilized for any ethics-related issues in the Town
of Clayton, in place of the creation of an independent Town of Clayton
Board of Ethics.
If any clause, sentence, paragraph, section or part of this
code shall be adjudicated by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
