[HISTORY: Adopted by the Town Board of the Town of Union Vale 9-17-1970
(Ch. 8 of the 1983 Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Union Vale 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 resolution to promulgate these rules of ethical conduct for the officers
and employees of the Town of Union Vale. These rules shall serve as a guide
for official conduct of the officers and employees of the Town of Union Vale.
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:
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:
His spouse, minor children and dependents, except a contract of employment
with the municipality which such officer or employee serves.
A firm, partnership or association of which such officer or employee
is a member or employee.
A corporation of which such officer or employee is an officer, director
or employee.
A corporation, any stock of which is owned or controlled directly or
indirectly by such officer or employee.
An officer or employee of the Town of Union Vale, whether paid or
unpaid, including members of an administrative board, commission or other
agency thereof.
Every officer or employee of the Town of Union Vale 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.[1]
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, expressed 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 of 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, expressed or implied, for
compensation for services to be rendered in relation to any matter before
any agency of his 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.
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 Union Vale, 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 Union Vale 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 Union Vale, 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.
The Supervisor of the Town Board of the Town of Union Vale shall cause
a copy of this Code of Ethics to be distributed to every officer and employee
of the Town of Union Vale within 30 days after the effective date of this
chapter. Each officer and employee elected or appointed thereafter shall be
furnished with 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 Code of Ethics may be fined, suspended or removed from office or employment,
as the case may be, in the manner provided by law.
[Added 5-13-1999]
A.
Ethics Board. The Union Vale Ethics Advisory Board (the
Ethics Board) is hereby created under the authority granted to the Town Board
by, and with the powers and duties defined under, General Municipal Law § 808.[1]
B.
Members. The Ethics Board shall have five members who
shall be residents of the Town of Union Vale. The members shall be appointed
by the Town Board. At least one but not more than two of the members shall
be an elected officer of the Town. A majority of the members shall not be
officers or employees of the Town.
C.
Term. Each member shall serve for a period of three years.
D.
First Board terms. The members of the first Ethics Board
shall serve for the following terms: one member for one year; two members
for two years and two members for three years.
E.
Jurisdiction. The Ethics Board shall conduct any investigation
requested by the Town Board:
F.
Support. The Ethics Board may request the help of the
Town Board to subpoena documents held by third parties which are unavailable;
or to require the production of books, papers and other evidence deemed necessary
or material for the study or investigation carried out by the Board of Ethics;
or when it is helpful to obtain statements under oath under penalty of perjury.
The Ethics Board may also address legal questions to the Town Attorney.[2]
G.
Meetings. The Ethics Board shall convene when the Town
Board asks for review of an ethical or legal matter that involves any Town
official or employee and affects the interests of the Town. Once convened
on a matter, the Ethics Board shall meet as called for by the Chair until
it issues a report on that matter.
H.
Chair. The Ethics Board shall elect a Chair to serve
for a term of one calendar year. The Chair shall have the duty of preparing
the agenda, running the meetings and preparing a report to the Town Board
with the Ethics Board findings of fact.
