Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Rush 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 Rush. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Rush. 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 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.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Rush, 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 Rush shall be subject to and
abide by the following standards of conduct:
A. Gifts. He shall not, directly or indirectly, solicit
any gift 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.
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. 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 Rush, 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.
H. 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 Rush 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.
I. Each Town employee shall, to the extent that he is cognizant
thereof, disclose any interest he may have in legislation before the Town
Board.
J. No Town employee within two years from the termination
of his services or employment with the Town shall accept employment which
will involve contact with the Town which said work does take advantage by
virtue of his prior contact and relationship with the Town.
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 Rush, 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 Rush shall cause a copy of this Code of
Ethics to be distributed to every officer and employee of the Town within
30 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 law, 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.