[HISTORY: Adopted by the Town Board of the Town of Sullivan 3-1-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of Sullivan 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 chapter to promulgate these rules of ethical conduct for the officers and employees of the Town. These rules shall serve as a guide for official conduct of the officers and employees of said Town.
The rules of ethical conduct of this chapter, 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 or common law rules and judicial decisions relating to ethical conduct and interest in contracts of municipal officers and employees.
As used in this chapter, the following terms shall have the meanings indicated:
- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Town of Sullivan, whether paid or unpaid, including members of an administrative board, commission or other agency thereof. The term "municipal officer or employee" includes members of the Town Board, Planning Board and Zoning Board of Appeals.
Every municipal officer and employee of the Town shall be subject to and abide by the following standards of conduct:
Gifts. He shall not 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, a loan, travel, entertainment, hospitality, a thing or a 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.
Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.
Representation before one's own board or agency. He 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 Town board or agency of which he is an officer, member or employee or of any Town board or agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
Representation before any board or agency for a contingent fee. He shall not receive any fee, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of the Town, whereby his compensation is to be dependent or contingent upon any action by such board or agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.
Disclosure of interest in Town legislation or board decision. To the extent that he knows thereof, every municipal officer or employee of the Town, whether paid or unpaid, who participates in the discussion, gives official opinion or participates in the decision of the Town Board on any legislation or other action before said Board or who participates in the discussion, gives official opinion or participates in the decision of any administrative board, commission or other agency of said Town shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation, decision or other board, agency or commission action.
Prohibition on Town Board of Board decision. Where a municipal officer or employee of the Town discloses an interest or otherwise has a direct or indirect interest in Town Board legislation or in an administrative board, agency or commission decision or other action, said municipal officer or employee shall recuse himself from participating or voting on said legislation, decision or other action and is hereby prohibited from participating or voting on said legislation, decision or other action.
Investments in conflict with official duties. He 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. Prior to acceptance of public office, he shall divest himself of any such investments.
Private employment. He 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 official duties. Such conflict shall be deemed to exist in private employment when the private interests being served are subject to regulation by license or permit by the Town or by any board or agency of the Town. Further, he shall not use the powers of his official duties to obtain outside employment.
Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.
Nothing in this chapter 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, or any Board or agency thereof, on behalf of himself or any member of his 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 shall cause a copy of this chapter to be distributed to every municipal officer and employee of the Town within 30 days after the adoption of this chapter. Each municipal officer and employee elected or appointed thereafter shall be furnished with a copy of this chapter before entering upon the duties of his office or employment.
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 this chapter may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.