Loading...
HomeMy WebLinkAbout1991_4_3_Local_Law_No_2 Local Law No. 2-1991 CODE OF ETHICS A local law to amend local law #12-1985. §24-1- Legislative intent. The Town Board of the Town of Mamaroneck recognizes that there are state statutory provisions mandating towns to codify rules and standards of ethical conduct for employees and persons engaged in business with the town which, when implemented and adhered to, will further enhance public confidence in local government. It is the purpose of this focal law to comply with state law, to create a Board of Ethics, to establish standards of conduct for employees, to prescribe certain disclosure by employees and persons engaged in business with the town, and to set forth functions of the Board of Ethics. §24-2 Provisions implementing state law. The standards, prohibited acts and procedures established by this local law are promulgated in addition to any provisions prescribed by the State of New York, and administrative rulings, common law rules and judicial decisions relating to the conduct of- employees and not in derogation thereof. f §24-3 Board of Ethics. There is hereby established a Board of Ethics consisting of five members to be appointed by the Town Board. All of said members shall reside in the Town of Mamaroneck and shall serve without compensation, for a period of three years to be determined by the Town Board. Initial appointments are to be staggered so that no more than two member positions will expire in any one year. A majority of such members shall be persons other than town employees but shall include at least one (1) member who is an elected or appointed town employee. §24-4 Definitions. For the purpose of this local law, the terms used herein are defined as follows; TOWN - Any board, commission, district, council, court, or other agency, department, unit or subdivision, of the . government of the Town of .Mamaroneck. EMPLOYEE - Each officer, volunteer or employee of the Town of Mamaroneck, whether paid or unpaid, whether elected or appointed, whether serving in a full-time, part-time or advisory capacity. 1 - Volunteers whose responsibilities do not give rise to possible violations of these rules shall not be considered employees for the purpose of this Code. The Town Board shall determine which volunteers shall be considered employees for this purpose. SENSITIVE POSITIONS - The following positions entail potential conflicts of interest and are deemed to be sensitive positions: Supervisor, Member of the Town Council, Town Clerk, Deputy Town Clerk, Town Justice, Town Administrator, Counsel to the Town or Town Attorney, Town Prosecutor, Superintendent of Highways, Superintendent of Recreation, Building Inspector, Assistant Building Inspector, Fire Chief, Deputy Fire Chief, Fire Inspector, Police Commissioner, Chief of Police, Comptroller, Deputy Comptroller, Director of Public Housing, Public Housing Administrator, Town Engineer or Consulting Engineer, Senior Engineering Aide, Assessor, Member of the Board of Review, Real Property Appraiser, General Foreman, Member of the Planning Board, Member of the Zoning Board of Appeals, and Counsel to the Planning Board and the Zoning Board of Appeals. In the event that a new position is created at a later date which the Town Administrator deems to be sensitive then such position shall be added to this list upon the adoption of a resolution by the Town Board. §24-5 Standards of conduct for employees. Each employee shall endeavor to pursue a course of conduct that will avoid not only an actual conflict of interest but also the appearance of a conflict of interest, and each employee shall avoid engaging in any acts that would violate his/her public trust. A. Conflicts of interest. 1. No employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business, service, transaction, or professional activity or incur any obligation of any nature that is or might reasonably appear to be in conflict with the proper and impartial discharge of his/her public duties. 2. No employee shall engage in any transaction as a representative or agent of the town with any business entity in which he/she has a direct or indirect interest, financial or otherwise, if such transaction will conflict or would reasonably appear to conflict with the proper and impartial discharge of his/her public dutues. - 2 - 3. No employee shall solicit, negotiate for, accept or promise to accept employment by any person, firm or corporation with which the employee or his/her department is engaged in the transaction of business on behalf of the town and which might reasonably appear to affect or impair his/her independence of judgment in the exercise of official duties. B. Improper conduct. 1. No employee shall, except in the performance of his/her duties, use or attempt to use his/her official position to secure or deny privileges, benefits or exemptions for himself/herself or others, nor shall an employee act so that a reasonable person might conclude that the employee intended to use his/ her official position to secure or deny privileges, benefits or exemptions for himself/herself or others or that any person could improperly influence him/her in the performance of his/her official duties by offering the employee a privilege, benefit or exemption. 2 . No employee, in the performance of his/her official duties, shall give any special consideration, treatment, favor, or advantage to any citizen beyond that which is available to every other citizen. C. Treatment of confidential information. 1. No employee shall disclose confidential information acquired by him/ her in the course of performing his/her public duties or use such information to further his/her private interests or the private interests of any other person or entity. 2 . No employee shall accept employment or engage in any business or professional activity that will require him to disclose confidential information that he/she has gained by reason of his/her official position or authority. - 3 - D. Use of town property or employees. 1. No employee shall direct or cause any other employee to do or perform any service or work within the hours of employment by the town where the service or work is outside the scope of his/her official duties or employment for the town, nor shall any town employee perform such service or work. 2 . No employee shall request or permit the use of town-owned vehicles, equipment, materials, or property for his/her own personal convenience or profit other than for the use of the employee in the conduct of his/her official duties. E. Solicitation or acceptance of gifts and favors. No employee shall solicit or accept any gift, favor or other thing of value, irrespective of form, either directly or indirectly, from any person, firm or corporation which the employee has a reasonable basis to believe is interested directly or indirectly in any matter or business dealing with the town, and under circumstances in which a reasonable person could infer that the gift or favor was intended to influence the employee in the performance of his/her official duties. F. Prohibited political activities. No paid employee or employee in a sensitive position shall solicit, directly or indirectly, any contribution of money, property or service for any town political organization, campaign, or candidate from a paid, non-elected employee. No paid, non-elected employee shall make any such contribution. G. Representation of private interests before the town. No employee in a sensitive position shall represent an interest in a matter, either in support or in opposition, that is pending before the town nor shall an employee in a sensitive position represent any party other than the town in litigation in which the town is a party. In this paragraph, the term "employee,$ shall include any partner or employee of a partnership or shareholder or employee of a personal service corporation which represents such interest. Nothing contained herein shall be construed as prohibiting an employee from appearing before the zoning board on an application for a variance concerning his/her personal residence or from participating as a litigant against the Town. - 4 - H. Future employment. No employee, after the termination of his/her public service to the town, may represent a party or appear before the town in connection with any matter, case or application in which he/she personally participated during the period of his/her town service, or which was pending or under consideration in the department in which the employee worked at the time of his/her town service and of which the town employee had personal knowledge. Employees in sensitive positions may not appear before any town board or commission on behalf of any other party for a period of two years after termination of his/her public service to the town. In this paragraph, the term "employeell shall include any partner or employee of a partnership or shareholder or employee of a personal service corporation which represents such party or appears in such matter. This provision does not apply to investigations by the town or court actions for which the employee might be asked to serve as a witness regarding actions during his/her town service. I. Violations. In addition to any penalty contained in any other provisions of law, any employee who shall knowingly and willfully violate any of the provisions of this local law shall be guilty of a misdemeanor and may be subject to a fine of up to $1000 and/or imprisonment of up to six (6) months in jail and shall be further subject to suspension or removal from office or employment in the manner provided by law. Any person who shall knowingly and willfully violate any of the foregoing provisions of this code shall, upon conviction thereof, forfeit employment with the town. §24- 6 Disclosure. A. Each employee in a sensitive position shall on or before January 31 of each year, or if not in such a position on that date, then within 30 days after assuming such a position, and any employee requested at any time by the Hoard of Ethics to file a disclosure statement shall file a disclosure statement setting forth his/her property ownership in the town and such information as to his/her employment and financial interests as may be set forth in a form prescribed by the Hoard of Ethics. The information requested of an employee may also include information about the employees's spouse or other person to whom the employee is related or with whom the employee has a business or financial relationship. such form shall be filed with the Town Clerk's office and shall be available for inspection by all persons upon written request. Further i 5 a information shall be filed by an employee in a sensitive position when reasonably requested by the Board of Ethics at any time. The employee shall promptly file a report of any change as to the information previously filed. B. On or before the date set forth in §24-6A, each employee shall also file a statement on the form prescribed by the Board of Ethics stating that he/she has read the Code of Ethics, understands the Code of Ethics and has not violated the Code of Ethics. C. Any employee who has a direct or indirect financial or other interest in any matter before the Town Board, and who participates in any discussion before or makes a recommendation to, or gives an opinion to the Town Board on that matter, shall publicly disclose on the official record the nature and extent of such interest. D. Refusal by an employee to file a disclosure statement may be grounds for dismissal from employment or other disciplinary action. E. Persons seeking to do business with the town or engaged in business with the town must inform the town in writing about any contribution of money, property or service to any town political organization, campaign or candidate. Failure of a person making such a contribution to inform the town about it will be grounds for the townfs turning down a proposal for business or terminating existing business with such person. §24-7 Functions of the Board of Ethics. A. Disclosure procedure. 1. Review of disclosure statements. The Board of Ethics shall review all employee disclosure statements. It shall consider possible conflicts of interest and render advisory opinions to the Town Board where conflicts of interest may exist. 2. Notification. An employee shall be notified by mail if the Board of Ethics requires clarification or has questions about his/her disclosure statement or intends to render an opinion that a conflict of interest may exist. The employee. shall have an opportunity to file a written response to such communication prior to the Board of Ethics, reporting a possible conflict of interest. - 6 - 3 . Personal Conference. A personal conference with an employee shall be held if requested by the employee or by the Board of Ethics. B. Advisory Opinions. 1. The Board of Ethics shall render advisory opinions to employees upon their written request, and to the Town Board upon its written request. 2 . An advisory opinion rendered at the request of an employee asking about a possible, prospective action or situation shall be confidential, and the identity of the employee shall not be disclosed if no action is taken by the employee in apparent violation of the Code. 3 . An advisory opinion rendered at the request of the Town Board shall be filed with the Town Board. C. Violations. The Board of Ethics shall refer apparent violations to the Counsel to the Town or to the Town Attorney for appropriate action. D Request for Opinion of the Counsel to the Town or the Town Attorney. The Board of Ethics may consult with and request the opinion of the Counsel to the Town or Town Attorney. E. Recommendations. Upon request of the Town Board, the Board of Ethics shall make recommendations to the Town Board as to any amendments of this local law. F. Referral. The Board of Ethics may refer any matter within its jurisdiction to the County Ethics Board. G. Rules and Regulations. The Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its form and procedures, shall , maintain appropriate records of its opinions and proceedings, and make such reports as it believes useful. 7 §24-8 Copies distributed to employees; posting of local law. i Upon the adoption of this local law, the Town supervisor shall cause a copy thereof to be distributed to every employee of the town. Each town employee shall acknowledge receipt of a copy of this local law and affirm that his/her compliance with its provisions is a condition of his/her employment or elected position. Failure to distribute such copy or failure of any town employee to receive such copy, however, shall have no effect on the duty of compliance with this code, nor the enforcement of provisions hereof. The Town supervisor shall, further, cause a copy of this local law to be kept posted conspicuously in each public building under the jurisdiction of the town. Failure to so post this local law, however, shall have no effect on the duty of compliance herewith, nor the enforcement of provisions hereof. §24-9 Copy to be filed. Within thirty (30) days of the adoption of this local law the Town Clerk shall file a copy thereof in the office of the State Comptroller. 924-10 Appropriation of funds. The Town Board may appropriate necessary moneys from the general town funds for the maintenance of and for the personnel services to the Board of Ethics established hereunder. The Board of Ethics may not, however, commit the expenditure of town moneys except within the appro- priations provided by the Town Board. §24-11 Severability. Should any provision of this local law be found illegal or unconstitutional by a court of competent jurisdiction, such finding shall not affect any other provision of this local law. §24-12 When Effective. This law shall take effect immediately. J 8 -