[HISTORY: Adopted by the Town Board of the Town of Wilson 12-29-1970. Amendments noted where applicable.]
Personnel policies — See Ch. 25.
Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of Wilson 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 Wilson, to provide for the punishment of any violation of such standards and rules and to create a Board of Ethics to render advisory opinions to the Town's officers and employees as provided for herein.
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 chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Any board, commission, special or improvement district, council or other agency, department or unit of the government of the Town of Wilson.
- TOWN EMPLOYEE
- Any officer or employee of the Town of Wilson, whether paid or unpaid, whether serving in a full-time, part-time or advisory capacity.
No Town employee shall have any financial interest, 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.
No Town employee shall accept other employment which will impair his independence of judgment in the exercise of his official duties.
No Town employee shall accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority.
No Town employee shall use or attempt to use his official position or confidential information acquired by reason of his official position to secure unwarranted privileges or exemptions for himself or others.
A Town employee shall not, by his conduct, give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of official duties or that he is affected by the kinship, rank, position or influence of any party or person.
Each Town employee shall abstain from making personal investments in enterprises which he has reason to believe may be directly involved in decisions to be made by him or which will otherwise create substantial conflict between his duty in the public interest and his private interests. Each Town employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.
Future employment. Each former Town employee, after the termination of service or employment with such municipality, shall not appear before any board or agency of the Town of Wilson 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.
To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of Wilson, 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.
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 of this chapter may be fined, suspended or removed from office or employment in the manner provided by law.
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 Wilson 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.
There is hereby established a Board of Ethics consisting of three members to be appointed by the Town Board, all of whom reside in the Town of Wilson and who shall serve without compensation and at the pleasure of the Town Board of the Town of Wilson. A majority of such members shall be persons other than Town employees but shall include at least one member who is an elected or appointed Town employee of the Town of Wilson.
The Board of Ethics established hereunder shall render advisory opinions to Town employees on written request and, upon request of the Town Board, make recommendations to such Town Board as to any amendments to this chapter. The opinions of the Board of Ethics shall be advisory and confidential and in no event shall the identity of the Town employee be disclosed except to authorized persons and agencies. Such opinions shall be on the advice of the Town Attorney.
Such Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings.
Upon the adoption of this chapter, the Town Supervisor shall cause a copy thereof to be distributed to every Town employee of this Town. Failure to distribute any such copy or failure of any Town employee to receive such copy shall have no effect on the duty of compliance with this chapter nor the enforcement of provisions hereof. The Town Supervisor shall further cause a copy of this chapter to be kept posted conspicuously in each public building under the jurisdiction of the Town. Failure to so post this chapter shall have no effect on the duty of compliance herewith nor the enforcement provisions hereof.
Within 30 days of the adoption of this chapter, the Town Clerk shall file a copy thereof in the office of the State Comptroller.
The Town Board may appropriate moneys from the general Town funds for the maintenance of and for personnel services to the Board of Ethics established hereunder, but such Board of Ethics may not commit the expenditure of Town moneys except within the appropriations provided herein.