Town of Bethlehem eyes gratuity ban

Public hearing July 24 meeting

DELMAR — A new proposal aims to ban gratuities for Bethlehem officials and employees, a direct response to a recent Supreme Court decision highlighting the distinctions between bribes and gratuities under federal law.

The proposed ban, Local Law 4 of 2024, reflects the Town’s response to the Supreme Court’s ruling and its dedication to maintaining integrity in its decision-making processes.

Bethlehem Town Board member Tom Schnurr discussed the implications of a recent Supreme Court decision that differentiates between bribes and gratuities under federal law. The ruling involved the mayor of Portage, Indiana, who accepted a gratuity for consulting services from a company that sold $1 million worth of garbage trucks to the town. The Supreme Court determined he could not be prosecuted under federal bribery law because he received a gratuity, not a bribe.

Though Schnurr noted that Bethlehem’s code bans gifts, it does not specifically address gratuities. He is proposing that the Town mirror state law, which bans gratuities for public servants, to strengthen local ethics enforcement and ensure public trust in the town’s governance.

“This policy strengthens public trust,” he said. “It assures residents that decisions made by our public employees are based solely on the law, regulations, and established procedures, ensuring that their judgment remains unbiased and free from any potential outside influence.”

Currently, Section 16-4 of the Bethlehem Ethics Code bans gifts but not gratuities. Town Board Member Tom Schnurr, in a memorandum to Town Supervisor David VanLuven and the Town Board, emphasized the need for this proposal to maintain public trust and ensure ethical conduct. Schnurr argued that banning gratuities would enhance transparency and accountability, preventing any perception of undue influence on public officials.

By adopting a narrow interpretation of “official act” from the federal bribery statute 18 U.S.C. § 201(a)(3), the Supreme Court limited the scope of bribery. This decision has led to reversals of several high-profile corruption cases, including those of former Louisiana congressman William Jefferson, former New York State Assembly Speaker Sheldon Silver, and former New York State Senate majority leader Dean Skelos and his son Adam Skelos.

A public hearing is scheduled for tonight, Wednesday, July 24. The Town Board can vote on adopting the proposal into law as early as Wednesday, Aug. 14.

“The dedication and professionalism of our common employees is invaluable,” Schnurr said. “Let’s uphold their commitment to serving our community with the highest ethical standards by banning gratuities for local public employees. We remove the possibility of doubt and solidify public trust in the work that they do.”

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