[HISTORY: Adopted by the Town Board of the
Town of Pawling 5-1-1973 as Ch.
10 of the 1973 Code; amended in its entirety 10-13-2021 by L.L. No. 2-2021. Subsequent amendments noted where applicable.]
These rules shall serve as a guide for official conduct of the
officers and employees of the Town of Pawling. The rules of ethical
conduct of this chapter, as adopted, shall not conflict with but shall
be in addition to any prohibitions 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.
For the purpose of this chapter, the terms used herein are defined
as follows:
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.
An officer or employee of the Town of Pawling, 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 chief engineer or assistant chief
engineer.
A spouse, parent, stepparent, sibling, stepsibling, sibling's
spouse, child, stepchild, 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.
Every officer or employee of the Town of Pawling shall be subject
to and abide by the following standards of conduct:
A.
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, 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, 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 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 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 is an officer, member or employee or 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 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 this municipality whereby his compensation is to be dependent or
contingent upon any action by such agency with respect to such matters,
provided that this subsection 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 knows
thereof, a member of the Town Board and any officer or employee of
the Town of Pawling, 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 has in such legislation.
F.
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.
G.
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.
H.
Future employment. He shall not, after the termination of service
or employment with such municipality, appear before any board or agency
of the Town of Pawling 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.
I.
Prohibition on use of municipal position for personal or private
gain. 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.
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 Pawling or any
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.
A.
No municipal officer or employee may participate in any decision
or take any official action with respect to any matter requiring the
exercise of discretion, including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board;
(2)
If the power or duty is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer does not have a deputy, the power or duty
shall be performed by another person to whom the officer may lawfully
delegate the function; or
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position, disclosure
requirements, and requirements relating to recusal and abstention
shall not apply with respect to the following matters:
The Supervisor of the Town of Pawling shall cause a copy of
this code of ethics to be distributed to every officer and employee
of the Town within 10 days after the effective date of this chapter.
Each officer and employee elected or appointed thereafter shall be
furnished a copy before entering upon the duties of his 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 the 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 this code may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.
