§ 15-3 Standards of Conduct

Public officers and employees are agents of the public purpose and hold office for the benefit of the public. Their conduct in both their official and private affairs should be above reproach. Every officer and employee of the Town of New Paltz shall be subject to and abide by the following standards of conduct:

A. Gifts: No officer, employee or consultant of the Town shall, directly or indirectly, solicit any gift or accept or retain any gift having value of more than $50, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her or could reasonably be expected to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. The recipient of any such gift or gratuity shall immediately return the same to the giver and shall notify the Town of New Paltz Board of Ethics, in writing, of the occurrence.

B. Disclosure of confidential information: No officer, employee or consultant of the Town shall disclose confidential information acquired by him or her in the course of his or her official duties except when the legitimate interest of the Town requires disclosure to Town officials, nor shall he or she use such information to further his or her personal interests or the private interest of others.

C. Representation before one's own agency: No officer, employee or consultant shall receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he or she is an officer, member or employee or of any municipal agency over which he or she has jurisdiction or to which he or she has the power to appoint any member, officer or employee.

D. Representation before any agency for a contingent fee: No officer, employee or consultant shall receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of the Town whereby his or her compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

E. Disclosure of interest:

(1) If any Town officer, employee or consultant has a potential or actual conflict of interest in any matter in which he or she encounters in the performance of his or her official Town duties, he or she shall make known to all concerned parties the nature of such conflict and shall refrain from voting or otherwise acting in the matter so as to avoid an actual conflict. In all cases of potential or actual conflict, the Town Board shall be made aware of the situation by the person in conflict. This disclosure shall be made part of the official record and be on a form provided by the Town Clerk which shall disclose the nature of the conflict. A copy of this filed form shall be kept in a separate place by the Town Clerk for the public record.

(2) All Town officers are required, within 30 days of taking office, or within 30 days of the effective date of this chapter, to file a disclosure statement on a form as provided by the Town of New Paltz pursuant to this section. In the event that a change occurs with respect to any information required on the aforesaid disclosure statement, the party required to file such a statement shall file an amended statement reflecting any such change in circumstances within 60 days from the date thereof, unless requested by the Board of Ethics to do so sooner, in which case an amended statement shall be filed within 10 days of the request for the same. Failure to file the required disclosure statement or any amendment thereto in a timely fashion shall be deemed a violation of this chapter.

F. Investments in conflict with official duties: No officer, employee or consultant shall invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction, which creates a conflict with his or her official duties.

G. Private employment: No officer, employee or consultant shall engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his or her official duties.

H. Future employment: No officer, employee or consultant shall, after the termination of services or employment with such municipality, appear before any board or agency of the Town of New Paltz in relation to any case, proceeding or application in which he or she personally participated during the period of his or her service or employment or which was under his or her active consideration.

I. Nepotism:

(1) Every public officer, and every municipal employee related closer in degree, by blood or by marriage, than first cousin to any persons seeking employment within any department, section or function of the Town shall disclose such relationship as provided for pursuant to the further provisions of this section.

(2) Every member of any municipal board, agency, commission or other municipal body (exclusive of committees) related closer in degree, by blood or by marriage, than first cousin to any applicant for appointment to or to any person seeking employment by or on behalf of such board, agency, commission or other municipal body (exclusive of committees) shall disclose such relationship as provided for pursuant to the further provisions of this section.

(3) The disclosures required by this section shall be made in writing, directed to the Town Clerk, and shall be made at the earliest opportunity next following the date upon which such public officer, municipal employee or member of any municipal body first learns or has knowledge of the making of such application by the person seeking such employment and/or appointment.

J. Political activity: No municipal officer or employee shall use his or her official position to obtain, provide, furnish or supply any municipal resource, including but not limited to personnel, services, equipment, supplies or facility on behalf of any political party or candidate, political club or association or any political society or committee. In addition, no elected official nor any chairperson of any Town committee, commission or board shall hold office in any political party, political club or association, society or committee. This provision shall not be interpreted or construed as precluding any municipal officer or employee from being involved in the political affairs of the Town as a private citizen, nor shall it preclude any municipal officer or employee from soliciting and/or receiving campaign contributions in the course of a political campaign for public office conducted pursuant to the laws of the State of New York, nor shall it exempt any municipal officer or employee from any federal, state or local rules, regulations, codes of conduct or other restrictions imposed by law.

K. Use of public property: No officer or employee shall request or permit the use of Town-owned vehicles, equipment, material or property for personal convenience or profit except when such services are available to the public generally or are provided as municipal policy for the use of such officer or employee in the conduct of official business.

L. Use of position to achieve preferential treatment: No officer, employee or consultant of the Town shall use or attempt to use his or her official position to secure unwarranted privileges, benefits or exemptions for themselves or for others or to obtain preferential consideration in connection with any appointment of themselves or of others to the municipal service, nor grant any special consideration, treatment or advantage to any person.

§ 15-4 Filing of Claims

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer, employee or consultant of any claim, account, demand or suit against the Town of New Paltz or any agency thereof on behalf of himself/herself or any member of his/her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

§ 15-5 Distribution of Code of Ethics

The Supervisor of the Town of New Paltz shall cause a copy of this Code of Ethics to be distributed to every officer, employee and consultant of the Town within 10 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his/her office or employment. The Town Clerk shall obtain each officer's and each employee's and each consultant's signature acknowledging receipt of this code. Failure to distribute any such copy or failure of any officer, employee or consultant to receive such copy shall have no effect on the duty of compliance with such code nor the enforcement of the provisions thereof.

§ 15-6 Board of Ethics