[HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-8-1974 as Ch. 8, Art. I, of the 1974 Code]
Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of East Fishkill 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 article to promulgate these rules of ethical conduct for the officers and employees of the Town of East Fishkill. These rules shall serve as a guide for official conduct of the officers and employees of the Town of East Fishkill. The rules of ethical conduct of this article, 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.
[Amended 6-14-2001 by L.L. No. 3-2001]
As used in this article, the following terms shall have the meanings indicated:
- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purposes of this chapter, a municipal officer or employee shall be deemed to have an "interest" in the contract of:
- A. His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves.
- B. A firm, partnership or association of which such officer or employee is a member or employee.
- C. A corporation of which such officer or employee is an officer, director or employee.
- D. A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.
- TOWN OFFICER OR EMPLOYEE
- An officer or employee of the Town of East Fishkill, 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 fire chief or assistant fire chief.
Every officer or employee of the Town of East Fishkill 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, 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.
[Amended 6-14-2001 by L.L. No. 3-2001]
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 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.
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 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 legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of East Fishkill, 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.
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.
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.
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 East Fishkill 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 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 East Fishkill 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.
[Amended 6-14-2001 by L.L. No. 3-2001]
The Town Board of the Town of East Fishkill 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 article. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. Failure of the Town Board to distribute any copy of the Code of Ethics 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.
[Adopted 8-9-1984 by L.L. No. 5-1984]
There is hereby established a Board of Ethics consisting of five members to be appointed by the Town Board, who shall serve without compensation and at the pleasure of the Town Board. A majority of such members shall be persons other than officers or employees of the Town of East Fishkill and at least one member shall be an elected or appointed officer or employee of the Town of East Fishkill.
The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the Town of East Fishkill with respect to Article 18 of the General Municipal Law and the Code of Ethics adopted pursuant to such article. Such advisory opinion shall be rendered pursuant to the written request of any such officer or employee, under such rules and regulations as the Board may prescribe and shall have the advice of the Attorney to the Town. In addition, the Board may make recommendations with respect to the amendment of the Code of Ethics upon request of the Town Board.
[Added 9-28-2017 by L.L. No. 4-2017]
The Town Board may appoint up to two alternate members to the Ethics Board. When a regular member is absent or recused and unable to participate or vote on an issue, an alternate member may be designated by the Chairperson to participate in the absent or recused member's place instead. Alternates shall possess the same qualifications as the regular members.