[HISTORY: Adopted by the Common Council of the City of North
Tonawanda 4-4-1978; amended in its entirety 10-1-1991. Subsequent amendments noted where applicable.]
A.
This
code is enacted pursuant to Article 18 of the General Municipal Law
and in recognition of the policy of the State of New York and the
City of North Tonawanda to maintain the highest standards of integrity
and public service. It is intended to afford city officers and employees
guidance in conforming to ethical standards, to promote public confidence
in the integrity of city government, require public disclosure of
financial interests that may influence or be perceived as influencing
actions of city officers and employees, to minimize unwarranted suspicion
and to provide for fair and effective administration of this code.
B.
These
rules shall serve as a guide for official conduct of the officers
and employees of the City of North Tonawanda. The rules of ethical
conduct in 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 or interest in contracts of municipal officers and employees.
When used in this chapter and unless otherwise expressly stated
or unless the context otherwise requires, the following words shall
have the meanings indicated:
Any claim, account or demand against or agreement with a
municipality, expressed or implied, and shall include the designation
of a depository of public funds and the designation of a newspaper,
including but not limited to an official newspaper, or the publication
of any notice, resolution, ordinance or other proceeding where such
publication is required or authorized by law.
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as a result of a contract with
the city, unless the context otherwise requires.
An officer or employee of the City of North Tonawanda, 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 City of North Tonawanda 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 in excess of that specified in § 805-a,
Subdivision la, of the General Municipal Law, as it may be amended
from time to time, whether in the form of money, service, loan, travel,
entertainment, hospitality, thing or promise or in any other form,
under circumstances in which it could be reasonably 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.
Disclosure
of confidential information. He shall not, except where such disclosure
is authorized by law, disclose any confidential information acquired
in the course of his official duties or use any such information to
advance the financial or other private interests of himself or any
other person.
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 this
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 the above,
a member of the Common Council or any officer or employee of the City
of North Tonawanda, whether paid or unpaid, who participates in the
discussion or gives official opinion to the Common Council on any
legislation before the Common Council 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
and 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 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.
Representation
after termination. He shall not, after termination of his term of
office or employment with the city, appear before the city or receive
compensation for any services rendered on behalf of any person other
than the city in relation to any particular matter upon which he took
any discretionary action during his term of office or employment with
the city.
A.
Nothing
in this chapter shall be construed to prohibit a city officer or employee
or any person from receiving a municipal service or benefit, or using
a municipal facility, which is generally available to residents or
a class of residents in the city.
B.
Nothing
in this section shall be construed to prohibit a city officer or employee
from performing any ministerial act.
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 City of North Tonawanda
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 Mayor of the City of North Tonawanda shall cause a copy
of this Code of Ethics to be distributed to every officer and employee
of the City of North Tonawanda 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 the duties of
his office or employment.
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.
This chapter shall take effect upon publication in the official
newspaper of the City of North Tonawanda.
