[HISTORY: Adopted by the Town Board of the
Town of Wales 12-7-1970. Amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law of the State of New York, the Town Board
of the Town of Wales, Erie County, New York, 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 the confidence of the public is to be maintained in local government.
It is the purpose of this chapter to set forth those rules of conduct
for the officers and employees of the Town of Wales, Erie County,
New York, to serve as a guide for their official conduct. These rules
shall not conflict with and shall be in addition to any prohibition
contained in Article 18 of the General Municipal Law or any other
general or special law relating to ethical conduct.
As used in this chapter, the following terms
shall have the meanings indicated:
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
An officer or employee of the Town of Wales, Erie County,
New York, 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.
[Amended 5-11-1993 by L.L. No. 1-1993]
Every officer or employee of the Town of Wales,
Erie County, New York, 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 $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.
[Amended 5-11-1993 by L.L. No. 1-1993]
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 he 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 any municipal
agency over which he has jurisdiction or of 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 Wales, Erie County, New York, 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 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 Wales, Erie County, New York, 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 Wales, Erie
County, New York, 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 5-11-1993 by L.L. No. 1-1993]
The Supervisor of the Town of Wales, Erie County,
New York, shall cause a copy of this Code of Ethics to be distributed
to every officer and employee of the Town of Wales, Erie County, New
York, 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 of employee
to receive such copy shall have no effect on the duty of compliance
with such code nor the enforcement provisions hereof.
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 chapter may be fined, suspended
or removed from office or employment, as the case may be, in a manner
provided by law.
