Town of Monroe, NY
Orange County
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Table of Contents
Table of Contents
A. 
For the purposes of this chapter, the following terms shall have the meanings indicated:
FAMILY MEMBERS
Grandparents, parents, spouse, in-laws, children, grandchildren, brothers and sisters of a Town officer, Town Board member, Town employee or Town consultant.
INTEREST
Any claim, account or demand against or in agreement with the Town, express or implied, including designation of a depository of public funds and the designation of an official newspaper, and direct or indirect pecuniary or material benefit accruing to an officer or employee as the result of a business or professional transaction with the Town. For the purposes of this chapter, an officer or employee shall be deemed to have a direct interest in the affairs of:
(1) 
His or her spouse, minor children, dependents and family members;
(2) 
A business concern, partnership, trust or association of which such officer or employee and family member is a member, partner, owner, director or employee;
(3) 
A corporation of which such officer or employee is an officer, director or employee; and
(4) 
A corporation, any stock of which is owned or controlled, directly or indirectly, by such officer or employee or any such corporation in which such officer or employee or family member owns more than 5% of said stock.
Town
The Town of Monroe or any of its boards, commissions or agencies, whether operated or funded solely by the Town of Monroe or jointly with one or more other municipalities.
Town BOARD MEMBER or Town EMPLOYEE
Any elected or appointed official or any employee of the Town, whether paid or not, including members of any administrative advisory board, commission or other agency thereof, including but not limited to Planning Board and Zoning Board of Appeals. For the purpose of this chapter, no person shall be deemed a Town officer or Town employee solely by reason of being a volunteer in any service organization, including but not limited to volunteer firemen or employed by the Town as the result of a contractual agreement.
Town CONSULTANT
Any individual, group or firm which renders services on behalf of the Town to any Town officer, Town Board, Planning Board, Zoning Board of Appeals or any other Town agency, board or commission.
B. 
Should any Town officer, Town Board member or Town employee be subject to another Code of Ethics or Professional Conduct (i.e., Town Justice), the Town officer, Town Board member or Town employee shall be subject to the conditions of both codes and the more stringent standards will apply.
A. 
Employment.
(1) 
No Town officer, Town Board member, Town employee or Town consultant 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 conflict with or might reasonably tend to conflict with the proper discharge of his/her duties in the public interest.
(2) 
No Town Board member, Town officer, Town employee or Town consultant shall accept other employment which will impair his/her independence of judgment in the exercise of his/her official Town duties.
(3) 
No Town officer, Town Board member or Town employee shall 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.
B. 
Disclosure of confidential information.
(1) 
No Town Board member, Town officer, Town employee or Town consultant shall accept employment or engage in a business or professional activity which will require him/her to disclose confidential information gained by reason of official position or authority.
(2) 
No Town officer, Town Board member or Town employee of the Town shall disclose confidential information acquired by him/her in the course of his/her official duties or use such information to further his/her personal interests or the private interests of others.
C. 
Misuse of authority. No Town Board member, Town officer, Town employee or Town consultant shall use or attempt to use his/her official position to secure unwarranted privileges or exemptions for himself/herself or others.
D. 
Misuse of privilege. No Town Board member, including supervisor, Town officer, Town employee or Town consultant shall by his/her conduct give reasonable basis for the impression that another can improperly influence him/her or unduly enjoy his/her favor in the performance of his/her official duties or that he/she is affected by kinship, rank, position or influence of any party or person.
E. 
Compensation. No Town officer, Town Board member or Town employee or family member thereof or Town consultant of the Town, as defined in this chapter, shall receive compensation or enter into any agreement to receive compensation, express or implied, with respect to any matter which is, was or will be before the Town for determination in the official capacity of any Town officer, Town Board member or Town employee of the Town of Monroe. In addition, no Town officer, Town Board member or Town employee or family member thereof or Town consultant of the Town of Monroe shall receive compensation or enter into any agreement, express or implied, to receive compensation in relation to any matter before any municipal agency, department, board or commission, except as a part of the official responsibilities of the members of the agency, department, board or commission, or as a function of the official position of the Town officer, Town Board member or Town employee or Town consultant.
F. 
Gifts. No Town Board member, Town officer, Town employee or Town consultant shall accept any gifts or gratuities, in excess of $75 in value, in any way relating to his/her official duties. The recipient of any such gift or gratuity shall immediately return the same to the giver and shall notify the Town of Monroe Board of Ethics, in writing, of this incident.
G. 
Investments.
(1) 
The supervisor, Town Board members, Town officers, Town employees and Town consultants shall abstain from enterprises which he/she has reason to believe may be directly involved in decisions to be made or advice to be given by him/her or which will otherwise create substantial conflict between his/her duty in the public interest and his/her private interest.
(2) 
No Town officer, Town Board member or Town employee or Town consultants of the Town of Monroe shall invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction, which creates a conflict with his/her official duties.
H. 
Business transactions. No Town Board member, Town officer, Town employee or Town consultant shall engage in any transaction as a representative of the Town of Monroe or a Town of Monroe agency or department or other office with any business entity in which he/she or any family member has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his/her official duties.
I. 
Future employment.
(1) 
No Town Board member, Town officer, Town employee or Town consultant shall, within two years after the termination of his/her service, accept employment which will require appearances before any board, agency or commission of the Town of Monroe or conduct any official Town business, transactions or professional activity with any Town officer, Town Board member, Town employee or Town consultant where special advantages by virtue of prior contact and relationship with the Town may be realized.
(2) 
No Town Board member, Town officer, Town employee or Town consultant shall appear before any board, agency or commission of the Town of Monroe in relation to any case proceeding or application in which he/she was directly concerned and personally participated or which was under his/her active consideration during the period of his/her service or employment.
J. 
Discrimination. No Town officer, Town Board member or Town employee of the Town or of any service or other organization chartered by or directly or indirectly sponsored or supported by the Town shall:
(1) 
Discriminate or cause voluntary segregation, directly or indirectly, based upon creed, color, national origin, sex, sexual preference or disability or allow the preceding to be factors affecting the recruitment, selection, placement, assignment compensation or promotion of any Town officer, Town employee or Town Board member of such service or other organization.
(2) 
Permit, directly or indirectly, the use of any Town property, equipment or services by any person or persons, organizations, corporations or any other group which directly or indirectly discriminates as set forth in Subsection J(1) above.
(3) 
Allow the Town to knowingly have any financial or business dealings with any organization which discriminates as set forth in Subsection J(1) above.
K. 
Representation by consultant. No Town consultant shall appear in behalf of private interests before the Town Board or any commission or agency thereof while actively employed by the Town.
A. 
Any Town officer, Town Board member or Town employee or Town consultant who has a direct or indirect financial or other private interest in any matter before the Town Board or any other board or commission of the Town, or any officer or employee who has a direct or indirect financial or other private interest in any matter before the Town Board or any other board or commission of the Town and who participates in the discussion before, makes a recommendation to or gives an opinion to any board or commission on that matter, shall publicly disclose on the official record of the Town Board the nature and extent of such interest.
B. 
All elected and appointed officials, department heads and their assistants and Planning Board and Zoning Board of Appeals members and all Town consultants are required, within 30 days of taking office or within 30 days of the effective date of this chapter, to file a disclosure statement, in writing, to the Town Clerk, disclosing all land holdings in the unincorporated area of the Town of Monroe, and all land holdings in the incorporated area of any villages within the Town of Monroe, whether held personally, by a spouse, by a dependent, jointly with a spouse or other family members, as defined in this chapter, jointly in partnership with others, as a corporation or trust and the name of any partnership with others or as a corporation or trust and the name of any partnership, corporation or trust of which he or she or a family member is an officer, director or employee or of which he or she or a family member or spouse, legally or beneficially, owns or controls more than 5% of the outstanding stock or interest, and his or her position, and his or her or family members' position, if any, with the partnership, corporation or trust.
C. 
In the event that a change occurs with respect to any of the information required on the aforesaid confidential disclosure statement, the party required to file such a statement shall file an amended statement reflecting any such change in circumstances within 60 days from the date thereof, unless requested by the Board of Ethics to do so sooner, in which case such amended statement shall be filed within 10 days of the request for the same.
If any Town Board member, Town officer, Town employee or Town consultant has a potential or actual conflict of interest in any matter which he/she encounters in the performance of his/her official Town duties, he/she shall make known to all concerned parties the nature of such conflict and shall refrain from any participation whatsoever in the matter so as to avoid true conflict. In all cases of potential or actual conflict, the Town Board shall be made aware of the situation by the person in conflict along with any other concerned parties, including the Town of Monroe Board of Ethics.