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Hoffay-Dunn Proposed Kingston Ethics Law

Hoffay-Dunn Proposed Kingston Ethics Law

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Published by Daily Freeman
Kingston ethics law proposed by two Democratic aldermen
Kingston ethics law proposed by two Democratic aldermen

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Published by: Daily Freeman on May 06, 2012
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05/06/2012

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Section 1: Title
This Local Law shall be known as the “City of Kingston’s Code of Ethics”.
Section 2: Purpose and Applicability
A
 
The purposes of this Local Law are:1
 
To establish standards of ethical conduct for officers, employees and consultants of theCity;2
 
To provide officers, employees and consultants of the City, whether elected or appointed,paid or volunteer, with clear guidance on such standards;3
 
To promote public confidence and integrity in the agencies and administrative offices of our local government;4
 
To facilitate the consideration of potential ethical problems before they arise, to minimizeunwarranted suspicion, and to enhance the accountability of government to the people byrequiring public disclosure of financial interests that may influence or be perceived toinfluence the actions of the City officers and employees; and5
 
To provide for the fair and effective administration of this Local Law.B
 
ApplicabilityThis Code of Ethics is enacted pursuant to §806 of the General Municipal Law and §10 of the Municipal Home Rule Law. Officers and employees of the City must comply with theprovisions of the Code of Ethics, as well as the conflict of interest standards prescribed byArticle 18 of the General Municipal Law. This Code of Ethics is in addition to the standardscontained in Article 18, and is not intended to authorize any conduct prohibited by Article 18of the General Municipal Law.
Section 3: Definitions
A
 
“Employee” means any person that receives a salary or wage from the City of Kingston.
 B
 
“Family member” means a parent, step
-parent, sibling, step-sibling, spouse, child, step-child,grandparent, household member, or domestic partner of a City officer or employee, andindividuals having any of these relationships to the spouse of the officer or employee.C
 
“Interest” means direct or pecuniary or material benefit accruing to a City officer or 
employee as a result of a contract with the City which such officer or employee serves. Forpurposes of this local law, a City officer or employee shall be deemed to have an interest inthe contract of (a) his or her spouse, domestic partner, minor children and dependents, exceptthat a contract of employment with the City which such officer or employee serves, (b) afirm, partnership or association of which such officer is a member or employee, (c) acorporation of which such officer or employee is an officer, director or employee and (d) acorporation, any stock of which is owned and controlled directly or indirectly by such officeror employee.D
 
City
” means City of Kingston.
E
 
Officer
or
“Employee” means an officer or employee of the City of Kingston
, includingany person serving as a paid or unpaid official of the City including, but not limited to,elected officers, members of the
City’s
governing board, any of its administrative boards
 
 (e.g. planning board, zoning of board of appeals), commissions, committees, agencies,department heads and others who work in a similar like capacity.F
 
“Department Head” shall mean that position that is defined §A
-1 of the Administrative Code.
Section 4: Standard of Conduct
A
 
Treatment of Public
 
An officer or employee of the City shall treat all members of the public, whether a person,firm or corporation, or other organization without special advantage in carrying out his or herofficial duties.B
 
RecusalA City officer or employee shall promptly recuse himself or herself from acting on a matterbefore the City, when acting on the matter, or failing to act on the matter, may financiallybenefit any of the persons listed in Section 5. Whenever a City officer or employee isrequired to recuse himself/herself, he/she must refrain from further participation in the matter(as officer or employee, but not as a private citizen).C
 
GiftsA City officer or employee shall not accept or solicit any gift valued over seventh-five ($75)dollars, nor shall he/she accept or solicit any gift or financial benefit under circumstances inwhich it could reasonably be inferred that the gift was intended to influence such City officeror employee in the performance of his/her official duties or was intended to be a reward forany official action on his/her part.D
 
Gratuities (tips)A City officer or employee shall not request or accept anything from any person or entityother than the City for doing his or her City job.E
 
Misuse of City of Kingston resourcesA City officer or employee shall not use City letterhead, personnel, equipment, supplies, orresources for a non-governmental purpose nor engage in personal or private activities duringtimes when he or she is required to work for the City.F
 
RepresentationA City officer or employee shall not represent any person or entity, other than the City,before any City agency or in any litigation in which the City is a party or complainant.G
 
Appearances
 
 A City officer or employee shall not appear before any agency of the City, except on his orher own behalf or on behalf of the City.H
 
Confidential informationNo City officer or employee or former City officer or employee who acquires confidentialinformation in the course of exercising or performing his or her official powers or duties maydisclose or use such information unless the disclosure or use is required or allowed by law orin the course of exercising or performing his or her official powers and duties.I
 
Political solicitation of subordinatesA City officer or employee shall not knowingly request or knowingly authorize anyone elseto request any subordinate of the officer or employee to participate in an election campaignor contribute to a political committee.J
 
Future employmentA City officer or employee shall not seek or obtain any non-City employment with anyperson or entity he or she is dealing with in his or her City job. A City officer or employeeshall not, after the termination of service or employment with the City, appear for financialgain before any City board or agency in relation to any case for a period of two (2) years andshall not appear for financial gain at any time in any proceeding or application in whichhe/she personally participated during the period of his/her service or employment or whichwas under his/her active consideration.K
 
Revolving door:
 
For one year after leaving City service, a former City officer or employee shall notcommunicate with his or her former City agency, except on his or her own behalf, and shallnever accept anything of value to work on any particular matter that he or she personally andsubstantially worked on while in City service.L
 
Inducement of othersA City officer or employee shall not induce or aid another officer or employee of the City toviolate any of the provisions of this Code of Ethics.M
 
Prohibited outside positionsA City officer or employee shall not be a paid attorney, agent, broker, employee, officer,director, trustee, or consultant for any person or entity that is doing business or seeking to dobusiness with the City or that is seeking a license, permit, grant, or benefit from the City.N
 
Prohibited ownership interests

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