Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Geneseo recognizes that
there are rules of ethical conduct for public officers and employees
which must be observed if a high degree of moral conduct is to be
obtained and if public confidence is to be maintained in our unit
of local government. It is the purpose of this chapter to promulgate
these rules of ethical conduct for the officers and employees of the
Town of Geneseo. These rules shall serve as a guide for official conduct
of the officers and employees of the Town of Geneseo. The rules of
ethical conduct of this chapter, as adopted, shall not conflict with
but shall be in addition to any prohibition of Article 18 of the General
Municipal Law or any other general or special law relating to ethical
conduct and interest in contracts of municipal officers and employees.
As used in this chapter, the following terms shall have the
meanings indicated:
INTEREST
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Geneseo, whether paid
or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a "municipal
officer or employee" solely by reason of being a volunteer fireman
or civil defense volunteer, except a Chief Engineer or Assistant Chief
Engineer.
Every officer or employee of the Town of Geneseo shall be subject
to and abide by the following standards of conduct:
A. Gifts. He shall not, directly or indirectly, solicit any gift, or
accept or receive any gift having a value of $25 or more, 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 could reasonably be intended as a reward for any official action
on his part.
B. Confidential information. He shall not disclose confidential information
acquired by him in the course of his official duties or use such information
to further his personal interest.
C. Representation before one's own agency. He shall not 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 is an officer, member or employee.
D. Representation before any agency for contingent fee. He shall not
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 this municipality whereby his 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 in legislation. To the extent that he knows
thereof, a member of the Town Board and any officer or employee of
the Town of Geneseo, whether paid or unpaid, who participates in the
discussion or gives official opinion to the Town Board on any legislation
before the Town Board, shall publicly disclose on the official record
the nature and extent of any direct or indirect financial or other
private interest he has in such legislation.
F. Investments in conflict with official duties. He shall not invest
or hold any investment, directly or indirectly, in any financial business,
commercial or other private transaction which creates a conflict with
his official duties.
G. Private employment. He shall not 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 official duties.
Nothing herein shall be deemed to bar or prevent the timely
filing by a present or former municipal officer or employee of any
claim, account, demand or suit against the Town of Geneseo or any
agency thereof on behalf of himself or any member of his family arising
out of any personal injury or property damage or for any lawful benefit
authorized or permitted by law.
[Amended 3-10-1988]
The Supervisor of the Town of Geneseo shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Town of Geneseo within 15 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 office
or employment. Failure to distribute any such copy or failure of any
officer or employee to receive such copy shall have no effect on the
duty of compliance with such code nor the enforcement of provisions
thereof.
In addition to any penalty contained in any other provision
of law, any person who shall 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.