[Adopted by the Clarkson Town Board 11-27-2007
by L.L. No. 5-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Defense of town officers and employees — See Ch. 11.
[1]
This local law also superseded former Ch. 14, Ethics, Code of, adopted
12-10-1970.
A.
The Town Board of the Town of Clarkson recognizes that
there are state statutory provisions mandating towns to establish rules and
standards of ethical conduct for public officers and employees which, if observed,
can enhance public confidence in local government. In the light of a tendency
today on the part of some people to downgrade our local governments and to
discredit our public servants and our free institutions generally, it appears
necessary that every effort be made to assure the highest caliber of public
administration of this Town as part of our state's important system of local
government. It is the purpose of this Code of Ethics to implement this objective
through the establishment of standards of conduct and to provide for punishment
of violation of such standards, as provided for herein.
B.
There may be instances when a policy or regulation appears
difficult to interpret or to apply. In those cases, clarification should be
sought through the normal supervisory channels. If necessary, further questions
should be directed to the Town Board which has responsibility for the oversight
of the policy.
The standards, prohibited acts and procedures established herein are
in addition to any prohibited acts, conflict of interest provisions or procedures
prescribed by statute of the State of New York and also in addition to common
law rules and judicial decisions relating to the conduct of town officers,
to the extent that the same are more severe in their application than this
Code.
As used in this chapter, the following terms shall have the meanings
indicated:
A pecuniary or material benefit accruing to a municipal employee,
unless the context otherwise requires.
Any board, commission, district, council or other agency, department
or unit of the government of the Town of Clarkson.
Any officer or employee of the Town of Clarkson, whether paid or
unpaid, whether serving in a full-time, part-time or advisory capacity.
No Town employee 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 substantial conflict with
the proper discharge of his duties in the public interest. In addition, the
Town recognizes the right of Town staff to engage in employment opportunities
outside the Town. Outside employment must not conflict with the duties, responsibilities,
and regular periods of work of the staff member at the Town. The Town relies
on the judgment and integrity of the staff member to avoid conflicts with
the staff member's commitment to the Town.
A.
Employment at the Town is considered to be the primary
appointment, and employment elsewhere should not interfere with this primary
job commitment.
B.
Staff who accept employment elsewhere, in addition to
Town employment, must be aware of any Town requirement to work extra hours
at scheduled or unscheduled times. The Town expects employees to meet these
requirements in spite of other employment commitments.
C.
Staff are encouraged to discuss outside employment opportunities
with their supervisors. Specific Town approval of outside employment is not
required unless the proposed outside employer engages in business transactions
with the Town and the employee would be in a position to influence either
employer in connection with those transactions. In such cases, written department
head approval is required before the employee may accept the outside position.
D.
Staff may use accrued vacation and holidays for outside
employment if the time off is approved and does not interfere with the normal
operations of the department.
E.
Staff may not use Town facilities, staff or other resources
in performing work for another employer. Employees shall not transmit to outsiders
or otherwise use for personal gain Town-funded or supported property, work
products, results, materials, records, or information developed with Town
funding or other support. Use of Town resources, including facilities, personnel,
equipment, or confidential information, except in a purely incidental way,
for any purposes other than the performance of the individual's Town employment
is prohibited. The Town name, logo or letterhead must be used in connection
with Town business only and not for any personal communication or purpose.
An officer or employee is subject to, and must abide by, the following
standards of conduct:
A.
No Town employee shall accept other employment which
will impair his independence of judgment in the exercise of the employee's
official duties.
B.
No Town employee shall accept employment or engage in
any business or professional activity which requires the employee to disclose
confidential information which the employee has gained by reason of the employee's
official position or authority.
C.
No Town employee shall use or attempt to use the employee's
official position to secure unwarranted privileges or exemptions for the employee
or others.
D.
No Town employee shall engage in any transaction as a
representative or agent of the Town with any business activity which the employee
has direct or indirect financial interest that might reasonably tend to conflict
with the proper discharge of the employee's official duties.
E.
A Town employee shall not, by the employee's conduct,
give reasonable basis for the impression that any person can improperly influence
the employee or duly enjoy the employee's favor in the performance of the
employee's official duties or that the employee is affected by the kinship,
rank, position or influence of any party or person.
F.
Each Town employee shall abstain from making personal
investments in enterprises which the employee has reason to believe may be
directly involved in decisions to be made by the employee or which will otherwise
create substantial conflict between the employee's duty in the public interest
and the employee's private interest.
G.
Each Town employee shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that the employee
is likely to be engaged in acts that are in violation of the employee's trust.
H.
No Town employee, employed on a full-time basis, or any
firm or association of which such employee is a member, or corporation, a
substantial portion of the stock of which is owned or controlled directly
or indirectly by such employee, shall sell goods or services to any person,
firm, corporation or association which is licensed or whose rates are fixed
by the Town in which such employee serves or is employed.
I.
No Town employee shall accept any gift over the value
of $50 in any form as to raise questions of undue influence in official duties.
In addition to any penalty contained in any other provision of law,
any such Town employee who shall knowingly and intentionally violate any of
the provisions herein may be fined, suspended or removed from office or employment
in the manner provided by law.
A.
Duty to report. To maintain the highest standards of
business conduct, the Town depends on each individual to report potential
or perceived conflicts of interest involving themselves or others (discussed
below) and suspected violations of applicable laws, regulations, government
contract and grant requirements, or of this Code (together referred to as
"violations"). Failure to report known or suspected violations is itself a
breach of Town ethical standards and can lead to discipline, up to and including
separation from the Town.
B.
Reporting procedures. Employees should understand that
the Town encourages reporting of violations and makes available a wide variety
of ways that it can be done. Personnel are encouraged to report violations
to their immediate supervisor, but may also report to the Town Board.
C.
Confidentiality. Reports of suspected violations may
be made confidentially, and even anonymously, although the more information
given, the easier it is to investigate the reports. The Town will take all
appropriate steps to ensure the level of confidentiality desired, but sometimes
the Town's legal obligations to investigate or address a violation will override
the individual's wish for confidentiality. It is against Town policy, and
in many cases illegal, to retaliate against a person (e.g. by terminating
a job) who reports a violation of law, regulation or grant or contract requirement.
D.
Cooperation. All employees must cooperate fully in the
investigation of any misconduct.
