[HISTORY: Adopted by the City Council of
the City of Geneva 5-5-1999 by L.L. No. 2-1999; amended in its entirety 1-7-2015 by Ord. No. 2-2015. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Code of Ethics of the City
of Geneva."
Pursuant to the provisions of § 806 of the General
Municipal Law, the City Council of the City of Geneva 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 a 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
City of Geneva. These rules shall serve as a guide for the official
conduct of the officers and employees of the City of Geneva. 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.
By separate resolution, the City Council of the City of Geneva
shall enact a Code of Ethics of the City of Geneva pursuant to the
authority and provisions of § 806 of the General Municipal
Law. This chapter shall provide additional provisions as to implementation
and adherence to the Code of Ethics, and shall provide the necessary
force of law for the Code of Ethics resolution. All prior local laws,
ordinances or resolutions or parts of local laws, ordinances or resolutions
of the City of Geneva inconsistent with the provisions of this chapter
are hereby repealed; provided, however, that such repeal shall be
only to the extent of such inconsistency, and in all respects this
chapter shall be in addition to other legislation regulating and governing
the subject matter covered by this chapter.
Upon election, each City Councilor, including the Mayor, must
file a statement of economic interest, in a format approved by City
Council. These statements will remain on file in the City Clerk's
Office, and shall be updated annually prior to April 15 of each year
of office.
[Amended 9-5-2018 by Ord.
No. 2-2018]
City Council shall appoint a five-member Board of Ethical Review to participate in the complaint procedures outlined in § 26-6.
A.
Qualifications. In order to serve on the Board of Ethical Review,
candidates must live in the City of Geneva, and demonstrate knowledge
and/or experience in ethical or legal concepts, mediation, or related
experience.
B.
Term. Board of Ethical Review members shall serve for a period of
four years, except that an initial appointee shall serve a term of
two years. Following the initial appointment, all Board Members shall
serve a four-year term.
A.
A. Any officer or employee of the City of Geneva who would like to
file a complaint must file copies of said complaint with the City
Attorney and Board of Ethical Review. In the case of a complaint against
the City Attorney, the complaint may be filed with a member of the
City Council or Board of Ethical Review. A member of the public wishing
to make a complaint may file said complaint with the City Clerk, a
City Council member, or member of the Board of Ethical Review.
[Amended 8-5-2015 by Ord.
No. 9-2015]
B.
Complaints against an employee of the City, other than the City Manager,
City Clerk, or City Attorney shall be forwarded by the receiver to
the City Manager. The City Manager, in conjunction with the Personnel
Officer will review the complaint and conduct any investigation necessary
to determine a basis in fact for the complaint. If the complaint is
substantiated, the City Manager shall execute any disciplinary action
that he feels is necessary and appropriate; and that is permitted
by applicable state, federal, and local laws, rules, and regulations.
All substantiated complaints shall be reported to City Council at
the first regular City Council meeting following substantiation.
C.
In cases where complaints are made against a sitting Councilor or
any Council appointee, the Council, by open vote, may call a meeting
of the Board of Ethical Review. Once called, the complaint will be
carried by the Council liaison to the Board. The Board will conduct
any investigation necessary to determine a basis in fact for the complaint.
Once the investigation is complete, the Board will make a report to
the Council. All substantiated complaints shall be reported at the
first regular City Council meeting following substantiation. Following
the report, a majority of Council may execute disciplinary action
as they feel is necessary and appropriate; and that is permitted by
applicable state, federal, and local laws, rules, and regulations.
[Amended 8-5-2015 by Ord.
No. 9-2015]
This chapter shall be reviewed by each subsequent Council for
the purpose of ensuring familiarity with its terms and for amendment
as deemed appropriate.
