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HomeMy WebLinkAbout1970 Ethics OrdinanceNOTICE' NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, Suffolk County, New York, at a regular meeting thereof, held on the 30th day of June, t970, adopted the following Ordinance: An ordinance relating to a code of ethics and a board of ethics for the Town of Southdld. Be it enacted by the Town Board of the Town of Southoid as follows: ARTICLE I INTENT OF TOWN BOARD SECTION 1. - STATEMENT OF LEGISLATIVE INTENT. The Town Board of the Town of Southold re- cognizes that t.here are state statutory provisions man- dating towns to establish ru£es and standards of ethical conduct for public officers and empIoyees, which, if served, can enhance public confidence in local govern- ment, 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 calib.e.r of public administration of this town as part of our state's important system of Iocal government, It is the purpose of this ordinance to imple- ment this objective through the establishment of standards of conduct, to provide.for Dunishment of violation of such standards and to create a board of ethics to render advisory opinions to the town's officers.and employees as provided for herein. SECTION 2. - The standards, prohibited acts and procedures established herein are in addition to any pro- hibited acts, conflicts 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 ~oca~ law. ARTICLE H CODE OF ETHICS SECTION I, - DEFINITIONS. As used in this ordin- once, the term "town" shall mean any board, commission, district, council or other agency, department or unit of the government of the town of Southold. The term "town employee" sha£l mean any official or empioyee of th~ town of Southold whether paid or unpaid, whether serving in a full-time, part-time or advisory capa- city. SECTION 2 ..... Rule with respect to conflicts of interest. No town employee shall have any interest, financial or other- wise, direct or indirect, or engage in any business or trans- act}on or prolesslonal activity or incur any obligation of any nature, which is ils substantial conflict with the proper discharge of his duties in the public hnterest. SECTION 3. - STANDARDS. (b) No town employee shall accept employment or engatge in any business or professional activity which will require him t6' disclose confidential information which he has gained by reason of his official position or authority. (c) No town employee shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others. (d) No town employee shall engage in any trans- action as representative or agent of the town with any business entity in which he has a direct or indirect financial interest t, hat might reasonably tend to conflic{ with the proper discharge of his official duties. , (e) 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 his official duties o{' that he 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 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 interest. (g) Each town employee' shall endeavor to pursue a course of conduct which ..w~.'.lI not raise.suspicion among the pub- lic that he is likely to be engaged in acts that are in violation of his t rust. (h) No town'empIoyee employed on a full-time basis nor any firm or association of which such empIoyee is a member nor corporation a substantial portion of the stock of which is.owned or controlled directly or indirect, ly by such employee, shall sell go, ds or services to any person, firm, corporation or assdciation which is licensed or. whose rates are fixed by the Town in which such employee serves or is employed. SECTION 4. - VIOLATIONS - In addition to any penalty contained in any other Ikrovision of law, any such town empIoyee who shall know of this'l~l'dinance may be fined, suspended or re- moved from office or employment in the manner provided by .law. ARTICLE HI BOARD OF ETHICS SECTION 1. - There is hereby established a board ofethics consisting of three (3) members to be appointed by the town board, ali of whom reside in the town of Southold and who shall serve without compensa- tion /{nd at the pleasure of the town board of the town of Southo£d. A majority of such members shall be persons other than town empIoyees'but shall include at lease one member who is an eIected or appointed town employee of the town of Southold. recommendations to such town board as to any amendments of this ordinance. The opinions of th, e board of ethics shall be advisory and confidential and in nd event shall the identity of the town employee be discIosed except to authorized per- sons and agencies. Such opinion shall be on the advice of counsel employed by the board of ethics, or if non, of the town attorney. SECTION 3. - 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. ARTICLE IV ADMINIST RATION SECTION 1. - Upon the adoption of this ordinance, 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 to any town employee to receive such copy shall have no effect on the duty of compliance with this code, no,-the enforcement of provisions hereof. The town supervisor shall further cause a copy of this ordinance to be kept posted consp{clU0U$ly in each public building under the jurisdiction of the town. Failure to so post this ordinance shall have no effect oD the duty of compliance herewith, nor the enforcement provi- sions hereof. SECTIQN 2. - Within thirty days of the adoption of this ordinance, the town clerk shall file a copy thereof in the office .of the state comptroller, SECTION 3. - The town board.may appropriate moneys from the generall'bwn funds for the maintenance of and for per- sonal 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. ARTICLE V SEVERABILITY CLAUSE SECTION 1. - If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judg- ment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence~ paragraph, section or part thereof directly inyolved in the controversy in which such judgment shall have been rendered. ARTICLE VI EFFECTIVE DATE SECTION 1. This ordinance shall take effect immediately.. June 30, 1970. (a) No town employee shall accept other employment which will impair his independence of judg- ment in the exercise of his official duties. SECTION 2. - The Board of Ethics established hereunder shall render advisory opinions to town employees on written request and upon request of the town board make BY ORDER OF THE SOUTHOLD TOWN BOARD. ALI~ERT W. RICHMOND,' TOWN CLKRK