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.