Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Town/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 Town/Village of East Rochester. These
rules shall serve as a guide for official conduct of the officers
and employees of the Town/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 Town/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 Town/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 Town/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 Board of Trustees
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 Town/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 Town/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 Town/Village of East Rochester
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the Town/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.