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HomeMy WebLinkAboutCode of Ethics, Revised 2019 1 Town of Danby Code of Ethics Adopted: 2007 Policy Revised: 2019 Policy and any revisions to be included in Employee Handbook 2 Code of Ethics Section I - Introduction Pursuant to the provisions of section 806 of the General Municipal Law, the Town Board of the Town of Danby recognizes that there is a need for clear and reasonable standards of ethical conduct. Public officers and employees must observe a high degree of moral conduct to maintain public confidence. It is the purpose of this Policy to set forth these rules of ethical conduct for the officers and employees of the Town of Danby. These rules shall serve as a guide for official conduct with regard to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, future employment, and such other standards as may be deemed advisable. This Policy as adopted, shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any law relating to ethical conduct and interest in contracts of municipal officers and employees. Section II - Definition For the purpose of the Town of Danby’s Code of Ethics, the following terms shall have the meanings indicated: 1. “Code” means the Town of Danby Code of Ethics. 2. “Municipality” means the Town of Danby. The word “municipal” refers to the municipality. 3. “Municipal Officer or Employee” means an officer or employee of the Town of Danby, paid or unpaid, including, but not limited to, members of any municipal board. 4. “Board” means the governing board of a municipality and any municipal administrative board (e.g. planning board, zoning board of appeals), commission, or other agency or body comprised of 2 or more municipal officers or employees. 5. “Gift” includes anything of value, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or any other form. 6. “Interest” means a direct or indirect financial or material benefit, but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the municipality or an area of the municipality , or a lawful class of such residents or taxpayers. A municipal officer or employee is deemed to have an interest in any private organization when they, their spouse, domestic partner, or a member of their household, is an owner, partner, member, director , officer, employee, or directly or indirectly owns or controls more than 5% of the organization’s outstanding stock. 7. “Confidential Information” includes any information that would a) affect current or imminent contract awards or collective bargaining negotiations, or b) interfere with law enforcement investigations or judicial proceedings, or c) constitute an unwarranted 3 invasion of privacy, or d) endanger the life or safety of any person, or e) reveal computer access codes, or f) provide any information that is specified as non -discloseable by federal or state law. Examples of confidential information include: informatio n shared in executive or closed sessions, advice from council. HIPPA information, personnel matters or investigations. 8. “Relative” means a parent, step-parent, spouse, domestic partner, sibling, step -sibling, sibling’s spouse, child, step -child, grandparent, parent of spouse or domestic partner, or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse or domestic partner of the officer or employee. 9. “Town Resources” include, but are not limited to, Town personnel and the Town’s money, vehicles, equipment, materials, supplies, or other property. Section III - Standard of Conduct Every officer or employee of the Town of Danby shall be subject to and abide to the following standards of conduct: 1. Gifts - A municipal officer or employee shall not, directly or indirectly, solicit any gift, or accept or receive any gift, having a value of $50.00 or more under circumstances in which it could reasonably be inferred that the gift was intended to influence them, or could reasonably be expected to influence them in the performance of their official duties or was intended as a reward for any official action on their part. 2. Prohibition on Use of Municipal position for personal or private gain - A municipal officer or employee shall not use their municipal position or official powers and duties to secure a financial or material benefit for themselves, a relative, or any private organization in which they are deemed to have an interest. 3. Confidential Information - A municipal officer or employee shall not disclose or use confidential information acquired in the course of exercising or performing official duties. 4. Disclosure of Interest in Legislation and Other Matters - a) Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to them, a relative, or any private organization in which they are deemed to have an interest, the municipal officer or employee shall disclose in writing the nature of the interest. b) The disclosure shall be made when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier. c) In the case of a person serving in an elective office, the disclosure shall be filed with the governing board of the municipality. In all other cases, the disclosure shall be filed with 4 the person’s supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person’s position. In addition, in the case of a person serving on a munici pal board, a copy of the disclosure shall be filed with the board. Any disclosure made to a board shall be made publicly at a meeting of the board and must be included in the minutes of the meeting. 5. Recusal and Abstention – No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when they know or have reason to know that the action could confer a direct or indirect financial benefit on themselves, a relative, or any private organization in which they are deemed to have an interest. A municipal officer or employee with conflicts or who are recused are expected to cease participation in all discussion about relevant subject matter and should physically remove themselves from the table while matter is under discussion. In the event that a municipal officer or employee is prohibited from exercising or performing a power or duty: a) if the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; b) or if the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by their deputy or another person to whom the officer may delegate the function; c) if the power or duty is vested in a municipal employee, the matter must be referred to their immediate supervisor and the immediate supervisor shall designate another person to exercise or perform the power or duty. 6. Investments in Conflict with Official Duties – A municipal officer or employee shall not acquire the following investments: a) Investments that can be reasonably expected to require more than sporadic recusal and abstention pursuant to Section III.5 of this Code; or b) Investments that would otherwise impair the person’s independence of judgment in the exercise or performance of their official powers and duties. 7. Use of Municipal Resources – a) Municipal resources shall be used for lawful municipal purposes. Municipal resources include, but are not limited to, municipal personnel, money, vehicles, equipment, materials, supplies or other property. 5 b) A municipal officer or employee shall not use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting: i. any use of municipal resources authorized by law or municipal policy; ii. the use of municipal resources for personnel or private purposes when provided as part of their compensation; or iii. the occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters such as family care and changes in work schedule. c) A municipal officer or employee shall not cause the municipality to spend more than is reasonably necessary for transportation, meals, or lodging in connection with official travel. 8. Nepotism - Except as otherwise required by law: a) A municipal officer or employee, either individually or as a member of a board, may not participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for, or within the municipality or a municip al board. b) A municipal officer or employee may not supervise a relative in the performance of the relative’s official powers or duties. 9. Political Solicitations – a) A municipal officer or employee shall not directly or indirectly compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value. b) A municipal officer or employee shall not act or decline to act in relation to appointing, hiring or promoting, discharging, or in any manner changing the official rank, status or compensation of any municipal officer or employee, an applicant for a positi on as a municipal officer or employee, or the appointment of vendees, consultants and grant recipients on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpos e. 10. Private Employment – A municipal officer or employee shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or services: a) can be reasonably expected to require more than sporadic recusal and abstention pursuant to Section III.5 of this Code; or b) can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee. c) violates section 805-a(1)(c) or (d) of the General Municipal Law; or 6 d) requires representation of a person or organization other than the municipality in connection with litigations or any other matter to which the municipality is a party. 11. Future Employment. No municipal officer or employee, after termination of service or employment with the Town of Danby, shall appear before any board or agency of the Town of Danby in relation to any case, proceeding or application in which they personally participated durin g the period of service or employment or which was under active consideration. a) They may not ask for, pursue or accept a private post-government employment opportunity with any person or organization that has a matter requiring the exercise of discretion pending before the municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the 30 days following final disposition of the matter. b) They, for the 2 year period after serving/employed, may not represent or render services to a private person or organization in connection with any matter involving the exercise of discretion before the municipal office, board, department or comparable organizational unit for which they serve. c) They, at any time after serving, may not represent or render services to a private person or organization in connection with any particular transaction in which they personally and substantially participated while serving. Section IV - Personal Representations and Claims Permitted This code shall not be construed as prohibiting a municipal officer or employee from: 1. representing themselves, or their spouse, domestic partner or minor children before the municipality; or 2. asserting a claim against the municipality on their own behalf, or on behalf of their spouse, domestic partner, or minor children. Section V - Ethics Advisory Board The Tompkins County Board of Ethics shall act as advisory body for the Town of Danby regarding ethical issues or concerns. The advisory opinion shall be rendered pursuant to a written request of any such officer or employee under such rules and regulation s as the Tomkins County Advisory Board may prescribe and the Tompkins County Advisory Board shall have the advice of the County Attorney. Infractions of the Code of Ethics that are confirmed by such investigation will be referred to the Town Board for ac tion. 7 Section VI - Distribution of Code of Ethics 1. The Supervisor of the Town of Danby shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town of Danby within 5 days after the effective date of this resolution. Each officer and employee elected or appointed the reafter shall be furnished with a copy before entering upon the duties of their office or employment. The Code of Ethics is to be included in the Town of Danby Employee Handbook. Section VIII - Disclosure 1. Elected officials and key employees of The Town of Danby shall file by May 15 of each year an Annual Disclosure Statement. This statement shall be submitted to the Town Clerk of the Town of Danby. The Clerk shall retain the forms on behalf of the Board of Ethics and make them available for inspection as detailed below. 2. The Town Clerk of the Town of Danby shall make the information submitted on Annual Disclosure Statements available, on request, to the members of the Tompkins County Board of Ethics, Town Attorney, Town Supervisor, State Auditor, Commissioner of Personnel, District Attorney, and State Attorney General. The Clerk shall also make the information submitted on Annual Disclosure Statements available pursuant to the Freedom of Information Law. The Town Clerk shall confirm filing by all required filers. Requests for determination regarding conflicts shall be referred to the Tompkins County Board of Ethics. If the Tompkins County Board of Ethics determines that any required filers have not filed a correctly completed Annual Disclosure Statement, the Board shall report this to the appropriate supervisor. 8 Town of Danby Annual Disclosure Statement Municipal officers, elected officials and key employees of The Town of Danby shall file by May 15 of each year an Annual Disclosure Statement. This statement shall be submitted to the Town Clerk of the Town of Danby. Disposition of matters that come before a municipal officer or employee could potentially result in direct or indirect financial or material benefit to them, a relative or a private organization in which they have an interest. The Code of Ethics requires that you annually disclose 1) your affiliations with any organization with which the Town of Danby may have a financial relationship, and 2) persons with whom you have a close relationship (such as a family member or close companion) who are affiliated with any organization with which the Town of Danby may have a financial relationship. Please disclose any applicable affiliations known to you and sign: Business/Organization Nature of Relationship Dates of Relationship 9 Name (print):___________________________________________ Date:_____________________ Signature:______________________________________________