[HISTORY: Adopted by the Town Board of the Town of Albion 10-20-2008 by L.L. No. 3-2008. Amendments noted where applicable.]
GENERAL REFERENCES015a Local Law
Alcohol policy — See Ch. 4.
Rules of conduct — See Ch. 13.
Progressive discipline — See Ch. 17.
Harassment policy — See Ch. 19.
Officers and employees — See Ch. 25.
Editor's Note: This local law superseded former Ch. 15 Ethics, Code of, adopted 1-6-1971, as amended.
Pursuant to the provisions of § 806 of the General Municipal Law, the Board of the Town of Albion recognizes that there are rules of ethical conduct for public elected and appointed officials, officers and employees that must be observed if a high degree of moral and ethical 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 put forth this Code of Ethics for the employees, officers, and elected and appointed officials of the Town of Albion. This code shall serve as a guide for official conduct for the elected and appointed officials, officers and employees of the Town of Albion. This code, as adopted, shall not conflict with but shall be in addition to any prohibition of Article 18 of the General Municipal Law and any other general or special law relating to ethical conduct and interest in contracts of municipal elected and appointed officials, officers and employees.
As used in this chapter, the following terms shall have the meanings indicated:
- A financial or material benefit accruing to a municipal elected or appointed official, officer or employee, unless otherwise agreed.
- MUNICIPAL AND/OR ELECTED AND APPOINTED OFFICIAL, OFFICER OR EMPLOYEE
- An elected or appointed official, officer or employee of the Town of Albion, whether paid or unpaid, including members of any administrative board, commission or other agency thereof.
Every elected and appointed official, officer or employee of the Town of Albion shall be subject to and abide by the following Code of Ethics:
Gifts. S/he shall not directly or indirectly solicit any gifts or accept or receive any gift having a value of $25 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing, promise, or any other form, under circumstances in which it could reasonably be expected to influence him/her in the performance of his/her official duties or was intended as a reward for any official action on his/her part.
Confidential information. S/he shall not disclose confidential information acquired by him/her in the course of his/her official duties or use such information to further his/her personal interest or the personal interest of another.
Representation before one's own agency. S/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 s/he is an elected and appointed official, officer, or employee or of any municipal agency over which s/he has jurisdiction or to which s/he has the power to appoint any member, elected and appointed official, officer or employee.
Representation before any agency for a contingent fee. S/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/her municipality whereby his/her 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.
Disclosure of interest in legislation. To the extent that s/he knows thereof, a member of the Board, any elected or appointed official or officer of the Town of Albion, whether paid or unpaid, who participates in the discussion of legislation must give official record of the nature and extent of any direct or indirect financial or other private interest s/he has in such legislation.
Investments in conflict with official duties. S/he shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction that creates a conflict with his/her official duties. Any member of the Board and any elected or appointed official, officer or employee of the Town of Albion shall, prior to any action that may affect such investments, disclose such investments on the official record of the Board.
Private employment. S/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/her official duties.
Future employment. S/he shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town of Albion in relation to any case, proceeding or application in which s/he personally participated during the period of his/her service or employment or that was under his/her active consideration.
An official must avoid circumstances that compromise his/her ability to make decisions solely in the public interest or create an appearance of impropriety.
No official shall solicit political contributions from subordinates or request that they attend political functions or engage in any political activity.
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal elected or appointed official, officer or employee of any claim, account, demand or suit against the Town of Albion or any agency thereof on behalf of himself/herself or any member of his/her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
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 or be subject to the procedures outlined in the collective bargaining agreements.
An official must recuse him/herself when faced with the above conflicts. Recusal means that the official may not deliberate, vote or participate in any way in that matter. The official must disclose his/her conflict and remove himself/herself from the board. S/he shall not provide input regarding the matter from the audience in his/her capacity as a member of the public.