[HISTORY: Adopted by the Town Board of the Town of Rosendale 9-2-1970
by L.L. No. 1-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Ethics — See Ch. 9.
Pursuant to provisions of § 806 of the General Municipal Law,
the Town Board of the Town of Rosendale 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 of Rosendale. These rules shall serve as a guide
for official conduct of the officers and employees of the Town of Rosendale.
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 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:
The pecuniary or material benefit accruing to a municipal officer
or employee or to his or her spouse, minor children and dependents or to a
firm, partnership or association of which such officer or employee is a member
or employee or to a corporation of which such officer or employee is an officer,
director or employee or to a corporation any stock of which is accrued or
controlled directly or indirectly by such officer or employee.
An officer or employee of the Town of Rosendale, 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.
Every officer or employee of the Town of Rosendale shall be subject
to and abide by the following standards of conduct:
A.
Gifts. He or she shall not directly or indirectly solicit
any gift or accept or receive any gift having a value of $25 or more, whether
in the form of money, services, loan, travel, entertainment, hospitality,
thing, promise or any other form, under 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.
B.
Confidential information. He or she shall not disclose
confidential information acquired by him or her in the course of his or her
official duties or use such information to further his or her personal interest.
C.
Representation before one's own agency. He or she 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 or she is an officer, member or employee or of any municipal
agency over which he or she has jurisdiction or to which he or she has the
power to appoint any member, officer or employee.
D.
Representation before any agency for a contingent fee.
He or she 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 his or her municipality, whether his or her compensation is
to be dependent or contingent upon any action by such 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.
E.
Disclosure of interest in legislation. To the extent
that he or she knows thereof, a member of the Town Board of the Town of Rosendale
and any officer or employee of the Town of Rosendale, whether paid or unpaid,
who participates in the discussion or gives official opinion to the Town Board
of the Town of Rosendale on any legislation before the Town Board of the Town
of Rosendale shall publicly disclose on the official record the nature and
extent of any direct or indirect financial or other private interest he or
she has in such legislation. This subsection shall be deemed to include and
shall include any and all matters considered and to be considered by any other
official board, agency, officer or employee of the Town of Rosendale.
F.
Investments in conflict with official duties. He or she
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 or her official duties.
G.
Private employment. He or she shall not engage in, solicit,
negotiate for or promise to accept private employment or render services for
private interest when such employment or service creates a conflict with or
impairs the proper discharge of his or her official duties.
H.
Appearance before boards, agencies after termination
of services. He or she shall not, after the termination of service or employment
with such municipality, appear before any board or agency of the Town of Rosendale
in relation to any case, proceeding or application in which he or she personally
participated during the period of his or her service or employment or which
was under his or her active consideration.
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 Rosendale or any agency thereof, on behalf
of himself or herself or any member of his or her family, rising out of any
personal injury or property damage or for any lawful benefit authorized or
permitted by law.
The Supervisor of the Town of Rosendale shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Town of Rosendale
within 10 days after the effective date of this chapter. Each officer or employee
elected or appointed thereafter shall be furnished a copy 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.
