Bethlehem’s newly created Ethics Advisory Committee established at the beginning of Supervisor John Clarkson’s administration was asked to present its proposed changes to the town’s ethics code at a recent Town Board meeting.
On Wednesday, April 25, Ethics Advisory Committee Co-chairmen Kevin Crawford and John Hudacs presented the groups recommendations, which mostly follow those established by the state Comptroller’s Office.
“We all have great respect and great appreciation for the individuals who are involved in the governance and the operation of this town,” said Hudacs of the Ethics Advisory Committee. “We’re individuals who have an interest and experience in public integrity and public ethics.”
The group started by using the state comptroller’s model ethics code for municipalities, which was then adapted to fit Bethlehem’s needs. They also studied the ethics codes of surrounding suburban communities.
Crawford said committee’s first recommendation is to replace the three-member Town Ethics Board with a five-member body in order to make a quorum. No more than two members from one political party could be on the board. Terms would be staggered and no member of the Town Board would be included on the Ethics Board in order for it to remain independent.
According to Crawford, the Ethics Board would work to provide information and advice to town officials and employees upon request. The group’s proposal also gives the Ethics Board the right to investigate complaints.
“This is something new,” said Crawford. “That’s not something in the model code proposed by the state comptroller and that’s not something proposed by a lot of other codes of ethics that you’ll see in communities around the state.”
Some members of the group wondered if the board would have the resources and capacity to investigate complaints in a fair way, but members eventually felt it was too important to leave the Ethics Board without an investigative function.
Recommended changes to the code itself include prohibiting the accepting gifts of any kind with a few exceptions like ceremonial plaques, prohibiting knowingly using the position of a public figure for personal gain and prohibiting using municipal resources for personal use. Children of town officials would no longer be allowed to work for the town under the recommended code, even in seasonal positions.
Another recommendation would restrict town officials from seeking employment with companies that do business with the town for up to one year after they leave that position. The committee also recommended a recusal requirement for Town Board members who have private involvement with companies seeking contracts with the town.
The group said the changes to the code were meant to provide clear and uniform guidance to town officers and employees to “ensure honest and ethical behavior.”
Councilwoman Joann Dawson said she appreciated the hard work of the advisory committee but said more time is needed to vet the recommendations.
“The recommendations are very wide and complex and I want to take the time to go through the lines and consider their purpose for this town code,” she said.
She questioned how the town could prevent former town officials from seeking out a job with a company that does business with the town after they’ve left office.
Councilman Kyle Kotary agreed, and also wondered why a hiring block would be put on only the children of town officials, asking why spouses and other family members were not included.
Councilman Jeffrey Kuhn and Councilman George Lenhardt were both wary of the investigative duties proposed for the Ethics Board and wondered if there were certain steps that need to be followed to exonerate an accused official with the public if the accusations have no merit.
The changes to the ethics law will likely be discussed again at the Town Board meeting on Wednesday, May 9.
