Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of Fenton 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 Fenton. These rules shall serve as a guide for official conduct of the
officers and employees of the Town of Fenton. 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 Fenton, 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 Fire Chief or Assistant Fire Chief.
Every officer or employee of the Town of Fenton 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 expected to influence him in the performance of his official
duties or was 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 or of any municipal agency
over which he has jurisdiction or to which he has the power to appoint any
member, officer or employee.
D. Representation before any agency for a 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 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.
E. 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.
F. 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.
G. 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 Fenton 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 Fenton 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 Fenton shall cause a copy of this chapter
to be distributed to every officer and employee of the town. 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
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.