[HISTORY: Adopted by the Town Board of the Town of LeRay 12-13-2001 by L.L. No. 4-2001; amended in its entirety 6-9-2011 by L.L. No. 3-2011. Subsequent amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of LeRay 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 LeRay. These rules shall serve as a guide for official conduct of the officers and employees of the Town of LeRay. 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:
- The governing board of a municipality and any municipal administrative board (e.g., Planning Board, Zoning Board of Appeals), commission, or other agency or body comprised of two or more municipal officers or employees.
- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purposes of this chapter, a municipal officer or employee shall be deemed to have an interest in the contract of:
- A. His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves.
- B. A firm, partnership or association of which such officer or employee is a member or employee.
- C. A corporation of which such officer or employee is an officer, director or employee.
- D. A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.
- The Town of LeRay. The word "municipal" refers to the Town of LeRay.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Town of LeRay, 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.
Every officer or employee of the Town of LeRay shall be subject to and abide by the following standards of conduct:
Prohibited interest in a contract with the municipality. A municipal officer or employee may not have an interest in a contract with the municipality that is prohibited by § 801 of the General Municipal Law, unless an exception under § 802 of the General Municipal Law applies to the situation. Every municipal officer and employee shall disclose interests in contracts with the municipality at the time and in the manner required by § 803 of the General Municipal Law.
Appearance of impropriety. An official must avoid circumstances that compromise his ability to make decisions solely in the public interest or create an appearance of impropriety.
Recusal. An official must recuse himself when faced with the above conflicts, appearances of impropriety, or contractual interests, unless an applicable exception applies.
Recusal defined. "Recusal" means that the official may not deliberate, vote or participate in any way in that matter. The official should disclose his conflict and remove himself or herself from the board. He should not provide input regarding the matter from the audience in his capacity as a member of the public.
Gifts. He shall not directly or indirectly solicit any gifts having a value of $75 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 expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part.
Confidential information. An official or former official or member of any representative board of the Town shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest or in any way utilize the information for nonpublic purposes.
Safeguarding of Town assets. Every officer or employee shall be charged with safekeeping all Town assets within their control. This includes cash receipts and petty cash of the Town and receipts of any department within the Town. In addition, the Town Board has established a policy prohibiting Town personnel from swapping checks for cash or borrowing of funds from Town resources.
Town property and resources. No employee may use Town-owned property, assets or any resources for personal purposes or profit or to benefit any person. Use of these resources is restricted to the conduct of official business, for the benefit of all residents and to further an authorized public purpose.
Representation before your agency. An officer or employee may not be paid (or make an agreement to be paid) and shall not represent a person or entity 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 or she is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
Representation before any agency for a contingent fee. An officer or employee may not be paid and 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 his 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.
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 LeRay, 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.
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.
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 the appearance of a conflict or impairs the proper discharge of his official duties.
Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town of LeRay in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.
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 LeRay 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.
The Supervisor of the Town of LeRay shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town of LeRay 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.