[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 3-22-2010 by L.L. No. 1-2010 (Ch. 10 of the 1976
Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Village Board of the Village of Lancaster 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
Village of Lancaster. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Lancaster.
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.
A.
CONTRACT
INTEREST
(1)
(2)
(3)
(4)
MUNICIPAL OFFICER OR EMPLOYEE
As used in this chapter, the following terms shall have the meanings
indicated:
Any claim, account, or demand against or agreement with a
municipality, express 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, for 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 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:
His spouse, minor children and dependents, except a contact
of employment with the municipality which such officer or employee
serves;
A firm, partnership or association of which such officer or
employee is a member or employee;
A corporation of which such officer or employee is an officer,
director or employee; and
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
Any person elected, appointed or hired to serve the Village
of Lancaster in any capacity, whether paid or unpaid, or for a term
fixed or not fixed, including, without limit, persons serving on a
temporary, part-time or seasonal basis, persons paid with funds derived
from other than Village revenue sources and persons serving on administrative
or advisory boards, commissions or committees, whether permanent or
temporary. No person shall be deemed to be a municipal officer or
employee solely by reason of being a volunteer fireman except a Fire
Chief or assistant Fire Chief.
[Amended 4-26-2021 by L.L. No. 3-2021]
B.
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number. The
masculine gender shall include the feminine, and the feminine gender
shall include the masculine.
Every officer or employee of the Village of Lancaster 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, service, 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 or that of another 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 contingency 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 Village Board and any officer or employee
of the Village of Lancaster, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Village Board on
any legislation before the Village 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 of 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
interest 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 termination of service or
employment with such municipality, appear before any board or agency
of the Village of Lancaster in relation to any case, proceeding or
application in which he personally participated as a public officer
or employee during the period of his service or employment or which
was under his active consideration.
I.
Use of Village property. Except as permitted by the Fire Chief and
Assistant Fire Chiefs vehicle use policy established by the Village
Board, he shall not use or permit the use of Village vehicles, equipment,
materials, or property for the convenience or profit of himself or
any other person.
[Amended 3-12-2018 by L.L. No. 2-2018]
J.
Obligation to citizens.
(1)
He shall not use or attempt to use his official position to secure
unwarranted privileges or exemptions for himself or others or grant
any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
(2)
He shall not by his conduct give reasonable basis for the impression
that any person can unduly influence him or improperly enjoy his favor
in the performance of his official duties, or that he is affected
by the kinship, rank, position, or influence of any party or person.
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 Village of Lancaster 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 Village of Lancaster shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Village of Lancaster within 10 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 code or the enforcement of provisions
thereof.
In accordance with § 806(3) of the General Municipal
Law, the Village Clerk-Treasurer shall file, certified mail, return
receipt requested, a certified copy of this Code of Ethics in the
Office of the State Comptroller within 30 days of adoption or amendment
of this chapter.
A.
Any officer or employee who has, will have, or later acquires an
interest in or whose spouse has, will have, or later acquires an interest
in any actual or proposed contract, purchase agreement, lease agreement
or other agreement, including oral agreements, with the municipality
of which he is an officer or employee shall publicly disclose the
nature and extent of such interest in writing to his immediate supervisor
or to the governing body thereof as soon as he has knowledge of such
actual or prospective interest. Such written disclosure shall be made
part of and set forth in the official record of the proceedings of
such body.
B.
All employees and officers of the Village of Lancaster shall be required
to file financial disclosure statements in the form and containing
the information prescribed herein.
(1)
The completed financial disclosure statement shall contain the prescribed
information with respect to each person covered by this chapter, as
well as the spouse of the person and any unemancipated child of the
person. For this purpose, "spouse" shall mean any individual married
to (and not legally separated from) or living with the person required
to file, and "unemancipated child" shall mean any son or daughter,
any stepson or stepdaughter (with or without formal adoption), any
foster child or any individual for whom the person required to file
or such person's spouse serves as guardian who is unmarried, living
in the home of the person required to file or living at school and
claimed as an exemption on the federal income tax return of the person
required to file or such person's spouse.
(2)
The form of the financial disclosure statement shall be made available
by the Board of Trustees of the Village of Lancaster.
(3)
Completed financial disclosure statements shall be filed with the
Board of Trustees of the Village of Lancaster, which shall be the
repository for such statements. The Board shall keep such statements
separate from all other records under lock with access limited to
Trustees, the Mayor, and the Village Attorney and/or special counsel
to the Village.
(4)
Completed statements shall be filed by May 15 of each year, containing
the prescribed information relating to the previous calendar year.
New Village employees or officers hired between April 15 and December
31 shall file such statements within 30 days of the effective day
of their employment/appointment. Extensions of time to file may be
granted by the Board of Trustees upon written application of a person
required to file showing justifiable cause or undue hardship, except
that no extension shall be granted for longer than 60 days.
(5)
If a person required to file a financial disclosure statement with
the commission has failed to file a disclosure statement or has filed
a deficient statement, the Board of Trustees shall notify the reporting
person in writing, state the failure to file or detail the deficiency,
provide the person with a fifteen-day period to cure the deficiency,
and advise the person of the penalties for failure to comply with
the reporting requirements. Such notice shall be confidential.
(6)
The Village shall permit any person required to file a financial
disclosure statement to apply, prior to the expiration of the time
for filing or any extension thereof, for an exemption from any requirement
to report one or more items of information which pertain solely to
that person's spouse or unemancipated child, which item(s) may be
exempted by the decision of a majority of the Board of Trustees that
the item(s) of information have no material bearing on the discharge
of the person's official duties.
(7)
Public inspection and copying of all records relating to this subsection
shall be governed by the provisions and procedures of Article 6 of
the Public Officers Law, except on filed statements of financial disclosure,
categories of value, amounts of value, and any other item of information
deleted by the Village Board upon the determination that the item(s)
of information will have no material bearing upon the discharge of
the person's official duties. In the event that an employee or officer's
statement is requested pursuant to Article 6 of the Public Officers
Law, the Village will notify that employee or officer prior to releasing
the requested information and will allow that employee or officer
10 days to request the deletion of the item(s) of certain information
from the statement by the Board of Trustees.
(8)
A person required to file a statement of financial disclosure who
knowingly fails to file or who knowingly files a deficient statement
or who knowingly and with intent to deceive reports false information
significant in nature or amount on such statement may be subject to
discipline, including removal, in a manner provided by law. Nothing
contained herein shall preclude any criminal action or proceeding.
[Added 6-27-2016 by L.L.
No. 5-2016][1]
A member of the Village Board of Trustees, on his or her own
initiative, or, in the discretion of the member, in response to a
request of another, may request an advisory legal opinion whether
the past, present or proposed conduct of any individual violates the
Code of Ethics set forth in this chapter. The request for an advisory
opinion shall be in writing. Unless the Village Board determines that
the inquiry shall be addressed to other counsel who shall be identified
by the Village Board, the request shall be directed to the Village
Attorney. Counsel to whom the request is directed may request information
in addition to the particulars set forth within the written request
and/or conduct further investigation. The advisory opinion shall be
in writing. Unless an extension of time is granted by the Village
Board or the member of the Village Board making such request, counsel
shall provide his or her written advisory opinion within 30 days of
receipt of the written request therefor.
[Added 8-22-2016 by L.L.
No. 6-2016[1]]
A.
Members
of the Village Board of Trustees, the Village Planning Board, the
Village Zoning Board of Appeals, the Village Historic Preservation
Commission, the Fire Chief, Assistant Fire Chiefs and President of
the Village of Lancaster Fire Department, the Village Clerk, the Superintendent
of Public Works, the Village Attorney, the Deputy Village Attorney,
the Village Code Enforcement Officer and all employees of the Village
of Lancaster, including those employed at the office of the Village
Clerk, the Department of Public Works and the Justice Court, excluding
the Village Justice, shall, within 90 days of that person's installation,
appointment or hire and thereafter annually within 90 days of the
Village Board organizational meeting, complete, sign and deliver to
the Village Clerk, in a format to be established by the Village Board,
acknowledgment that he or she has reviewed, is familiar with, understands
and shall comply with the provisions of the Village of Lancaster Code
of Ethics.
In addition to any penalty contained in any other provision
of law, any person who shall knowingly or 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 the manner provided
by law.
