Section 1. The Board of Education of the North Colonie Central School District (the Board) is committed to compliance with all rules of ethical conduct for public officers and employees in order to ensure a high degree of moral conduct and to maintain public confidence in our unit of local government. It is the purpose of this policy to promulgate rules of ethical conduct for the officers and employees of the Board. These rules will serve as a guide for official conduct of the officers and employees of the Board. The rules of ethical conduct set forth in this policy, will not conflict with, but will be in addition to article eighteen of the General Municipal Law or any other law relating to ethical conduct and interest in contracts of municipal officers and employees.
Section 2. Definitions.
- “Officer or Employee” means an officer or employee of the Board of the North Colonie Central School District whether paid or unpaid.
- “Interest” means a direct or indirect pecuniary or material benefit accruing to an officer or employee as the result of a contract with the North Colonie Central School District.
- “Contract” means any claim or demand against the District or account or agreement with the District, whether express or implied, which exceeds the sum of $750.00 in any fiscal year.
Section 3. Standards of Conduct. Every officer or employee of the Board of the North Colonie Central School District will be subject to and abide by the following standards of conduct.
- Contracts. An officer or employee will not benefit personally from contracts made in their official capacity. No officer or employee will have an “interest” in:
- A contract between the School District and his or her spouse, minor child, or dependents, except for an employment contract between the school district, a spouse, minor child or dependent of a Board member authorized by their800(3) of the General Municipal Law or §3016 of the Education Law;
- A firm, partnership or association in which he or she is a member or employee;
- A corporation in which he or she is an officer, director or employee;
- A corporation in which he or she, directly or indirectly, owns or controls 5% or more of the stock.
- Gifts. An officer or employee will not directly or indirectly solicit any gift; or accept or receive any gift annually having a value of seventy-five ($75.00) dollars or more, from an individual, family, or companies, groups of individuals such as teams, clubs, and classrooms whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form.
- Confidential Information. An officer or employee will not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest.
- Representation Before One’s Own Agency. An officer or employee will not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the School District.
- Representation Before Any Agency For a Contingent Fee. An officer or employee will not receive, or enter into any agreement, express or implied for compensation for services to be rendered in relation to any matter before the School District whereby his or her compensation is to be dependent or contingent upon any action by the School District with respect to such matter, provided that this paragraph will not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.
- Disclosure of Interest in Matters before the Board. An officer or employee must publicly disclose the nature and extent of any direct or indirect financial or other private interest they or their spouse have, will have, or may later acquire in any actual or proposed contract, purchase agreement, lease agreement, or other agreement involving the District (including oral agreements), to the governing body and her or her immediate supervisor even when it is not a prohibited interest under applicable law. Such disclosure must be in writing and made part of the official record of the school district. Disclosure is not required in the case of an interest that is exempted under Section 803(2) of the General Municipal Law.
- Investments in Conflict With Official Duties. An officer or employee will not 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.
- Special Privileges or Exceptions. An officer or employee will not seek to secure special privileges or exceptions for himself or herself or others by interceding in public or private with any municipal agency.
- Appointments. The appointment of officers and employees will be on the basis of merit. There is no prohibition against the employment of spouses, children, or other relatives of board members to positions in the district.
- Private Employment. An officer or employee will not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment orservice creates a conflict with or impairs the proper discharge of his or her official duties.
- Future Employment. An officer or employee will not, after the termination of service or employment with the District appear before the Board 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.
Section 4. Nothing herein will be deemed to prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the Board, or any agency thereof on behalf of himself or herself or any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
Section 5. Distribution of Code of Ethics. The Superintendent of Schools of the North Colonie Central School District will cause a copy of this code of ethics to be distributed to every officer and employee of the School District before entering upon the duties of his or her office or employment. In addition, the Superintendent will ensure that a copy of Article 18 of the General Municipal Law is posted in each public building under the District’s jurisdiction in a place conspicuous to the District’s officers and employees.
Section 6. Penalties. In addition to any penalty contained in any other provision of law, any person who will knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.
Ref:
General Municipal Law § 800-809
Public Officers Law § 74
Matter of Guilderland Central School District, 23 Ed Dept Rep 262 (1984)
Matter of Murphy, 17 Ed Dept Rep 462 (1978)
Policy Adopted: August 24, 1970
Amended: February 24, 1997
Amended: October 23, 2006
Amended: November 20, 2006
Amended: October 27, 2008
Amended: December 21, 2015
Amended: September 23, 2019