No elective officer of the City shall hold any
other remunerative office, position or employment under the City government.
[Amended by L.L. No. 1-1974]
Each elective and appointive officer of the
City who has possession of or control over any funds of the City or
funds of the County as Collector of Erie County taxes shall give a
bond for the faithful performance of his or her duties. The bond shall
be in such sum and with such corporate sureties as may be approved
by the Council and shall be in such form and run for such term as
shall be approved by the City Attorney. The premium for such surety
bonds shall be paid out of City funds.
In the event of a vacancy in any elective or
appointive office for which no other provision is made by or pursuant
to this Charter, such vacancy shall be filled by the Mayor by appointment
for the remainder of the unexpired term for an appointive office and
until the commencement of the year next succeeding the first general
election at which the vacancy can be filled after the happening of
a vacancy for an elective office.
A.
There is hereby created and established a Board of
Ethics to consist of five public members to be appointed by the Council.
Members of the Board shall be residents of the City, and shall each
serve without compensation for a term of five years with initially
staggered terms. Not more than three of the members shall be of the
same political affiliation. The members shall elect a Chairman.
B.
The Board shall render advisory opinions to City officers
and employees on questions of ethical conduct in office. Such advisory
opinions shall be rendered pursuant to written request by the Mayor,
Councilman or other officer or employee concerned. The Board shall
publish its advisory opinions with such deletions as may be necessary
to prevent disclosure of the identity of the officer or employee involved.
C.
The Board shall have the power to hold hearings concerning
the application of the Code of Ethics and its violation by officers
and employees and may administer oaths and compel the attendance of
witnesses by subpoena at the request of the officer or employee involved
or any member of the Board.
City officers and employees shall not engage
in any business or transaction or have a financial or other private
interest, direct or indirect, which is in conflict with the proper
discharge of their official duties.
A.
No officer or employee shall appear in behalf of private
interests before any agency of the City government.
B.
No officer or employee shall represent private interests
in any action or proceeding against the interests of the City, in
any litigation to which the City is a party, or in any action or proceeding
in the municipal courts in which the City or any agency or any officer
or employee of the City in the course of his or her official duties
is a complainant.
C.
Officers and employees who have a direct or indirect
financial or other private interest in any proposed legislation or
who participate in discussion before or give official opinion to the
Council shall publicly disclose, on the official records of the Council,
the nature and extent of such interest.
D.
No officer or employee shall accept any valuable gift,
whether in the form of service, loan, thing or promise, or any form
from any person, firm or corporation which to his or her knowledge
is interested directly or indirectly, in any manner whatsoever, in
business dealings with the City.
E.
No officer or employee shall disclose confidential
information concerning the property, government, or affairs of the
City, nor shall be or she use such information to advance the financial
or other private interest of himself or herself or others.
F.
No officer or employee shall invest, or hold any investment
directly or indirectly in any financial, business, commercial, or
other private transaction, which creates a conflict with his or her
official duties.
G.
No officer or employee shall engage in or accept private
employment or render services for private interests when such employment
or service is incompatible with the proper discharge of his or her
official duties.
H.
No officer or employee shall solicit, negotiate for,
or promise to accept employment with any person, firm or corporation
with which he or she is engaged on behalf of the City in the transaction
of business or which is or may be affected by his or her official
action.
I.
No person who has served as an officer or employee
of the City shall within a period of two years after termination of
such service or employment appear before any agency of the City or
receive compensation for any services rendered on behalf of any person,
firm, corporation or association in relation to any case, proceeding
or application with respect to which such person was directly concerned,
or which was under his or her active consideration or with respect
to which knowledge or information was made available to him or her
during the period of said service or employment.
J.
No person, firm or corporation shall attempt, directly
or indirectly, to secure preferential treatment in its dealings with
the City government by offering any valuable gift, whether in the
form of service, loan, thing or promise or any other form to Councilmen
or other officers or employees. A person, firm or corporation found
guilty of this act shall have any current contracts with the City
cancelled and shall not be eligible to bid on any City contracts for
a period of two years.
K.
Any violation of these provisions shall constitute
cause for fine, suspension or removal from office or employment.
The Council shall by ordinance adopt a code
of ethical conduct to govern City officers and employees.
At the expiration of his or her term of office,
it shall be the duty of any person who has served as an officer of
the City to deliver promptly to his or her successor in office all
the property, papers and matters of every description in his or her
possession or under his or her control which belong to the City or
pertain to his or her office. Any person who shall violate this section
shall be responsible to the City for all damages caused by his or
her delay, neglect or refusal to deliver; and any person who knowingly
fails to deliver any such property, papers or matters within three
days after written demand served upon him or her shall be ineligible
for election or appointment to any office or employment under the
City government.
Any officer or employee of the City who shall
knowingly make a false or deceptive report or statement in the course
of his or her duty or shall, except as in this Charter otherwise provided,
receive compensation except from the City for performing any official
duty, or shall accept or receive any gratuity from any person whose
interests may be affected by his or her official action, shall forfeit
his or her office or employment.
A person convicted of a crime or offense involving
moral turpitude shall be ineligible to assume or continue in any City
office, position or employment. Upon conviction, such person shall
automatically forfeit such office, position or employment.
