Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Little Valley 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 article to promulgate
these rules of ethical conduct for the officers and employees of the
Town of Little Valley. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Little Valley.
The rules of ethical conduct of this article, 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.
[Amended 3-13-2017 by L.L. No. 1-2017]
As used in this article, 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 article, 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; and
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 Town of Little Valley, 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 Town of Little Valley 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, services, 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.
[Amended 3-13-2017 by L.L. No. 1-2017]
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, 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 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 Town Board and any officer or employee of
the Town of Little Valley, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Town Board on any
legislation before the Town 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 Town of Little Valley 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 Town of Little Valley,
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.
[Amended 3-13-2017 by L.L. No. 1-2017]
The Supervisor of the Town of Little Valley shall cause a copy
of this Code of Ethics to be distributed to every officer and employee
of the Town within 30 days after the effective date of this article.
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 code may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.
There is hereby established a Board of Ethics consisting of
three members to be appointed by the Town Board and who shall serve
without compensation and at the pleasure of the Town Board. A majority
of such members shall be persons other than officers or employees
of the Town of Little Valley, but shall include at least one member
who is an elected or appointed officer or employee of the Town of
Little Valley.
The Board of Ethics shall have the powers and duties prescribed
by Article 18 of the General Municipal Law and shall render advisory
opinions to the officers and employees of the Town of Little Valley
with respect to Article 18 of the General Municipal Law and any Code
of Ethics adopted pursuant to such article, under such rules and regulations
as the Board may prescribe. In addition, the Board may make recommendations
with respect to the drafting and adoption of a Code of Ethics or amendments
thereto upon the request of the Town Board.