[HISTORY: Adopted by the Board of Trustees
of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 15 of the 1983 Code. Amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of East Rochester 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 chapter to promulgate these rules of ethical conduct for the
officers and employees of the Village of East Rochester. These rules
shall serve as a guide for official conduct of the officers and employees
of the Village of East Rochester. 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.
[Amended 3-8-1999 by L.L. No. 1-1999]
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 East Rochester, whether paid or unpaid, appointed or elected, 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
East Rochester shall be subject to and abide by the following standards
of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift having a value of $75 or more, whether in the form of money,
services, loan, travel, entertainment, hospitality, thing or promise
or in 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 3-8-1999 by L.L. No. 1-1999]
B.
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.
C.
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.
D.
Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Board of Trustees and any officer
or employee of the Village of East Rochester, whether paid or unpaid,
who participates in the discussion or gives official opinion to the
Board of Trustees 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.
E.
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.
F.
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.
G.
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 East Rochester 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 East
Rochester 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 East Rochester shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the village within 30 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 the 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.
