It is the purpose of this chapter to promulgate
these rules of ethical conduct for the officers and employees of the
Village of Athens, and these rules as hereby adopted shall serve as
a guide for official conduct for the officers and employees of the
Village of Athens. 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 Village of Athens, 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 Village of
Athens 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 $25 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.
C. Representation before one's own agency. He shall not
receive or enter into any agreement, expressed 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 before 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, expressed 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 thereof, a member of the Village Board and any officer
or employee of the Village of Athens, 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 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 Village of Athens 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 Village of Athens
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 Athens shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the Village of Athens 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, 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 chapter may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.