[HISTORY: Adopted by the Town Board of the
Town of LeRay 12-13-2001 by L.L. No. 4-2001; amended in its entirety 6-9-2011 by L.L. No.
3-2011. Subsequent amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of LeRay 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 of LeRay. These rules shall serve as a guide for official conduct
of the officers and employees of the Town of LeRay. 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.
As used in this chapter, the following terms shall have the
meanings indicated:
The governing board of a municipality and any municipal administrative
board (e.g., Planning Board, Zoning Board of Appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
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:
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves.
A firm, partnership or association of which such officer or
employee is a member or employee.
A corporation of which such officer or employee is an officer,
director or employee.
A corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.
The Town of LeRay. The word "municipal" refers to the Town
of LeRay.
An officer or employee of the Town of LeRay, 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.
Every officer or employee of the Town of LeRay shall be subject
to and abide by the following standards of conduct:
A.
Prohibited interest in a contract with the municipality. A municipal
officer or employee may not have an interest in a contract with the
municipality that is prohibited by § 801 of the General
Municipal Law, unless an exception under § 802 of the General
Municipal Law applies to the situation. Every municipal officer and
employee shall disclose interests in contracts with the municipality
at the time and in the manner required by § 803 of the General
Municipal Law.
B.
Appearance of impropriety. An official must avoid circumstances that
compromise his ability to make decisions solely in the public interest
or create an appearance of impropriety.
C.
Recusal. An official must recuse himself when faced with the above
conflicts, appearances of impropriety, or contractual interests, unless
an applicable exception applies.
D.
Recusal defined. "Recusal" means that the official may not deliberate,
vote or participate in any way in that matter. The official should
disclose his conflict and remove himself or herself from the board.
He should not provide input regarding the matter from the audience
in his capacity as a member of the public.
E.
Gifts. He shall not directly or indirectly solicit any gifts 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.
F.
Confidential information. An official or former official or member
of any representative board of the Town shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest or in any way
utilize the information for nonpublic purposes.
G.
Safeguarding of Town assets. Every officer or employee shall be charged
with safekeeping all Town assets within their control. This includes
cash receipts and petty cash of the Town and receipts of any department
within the Town. In addition, the Town Board has established a policy
prohibiting Town personnel from swapping checks for cash or borrowing
of funds from Town resources.
H.
Town property and resources. No employee may use Town-owned property,
assets or any resources for personal purposes or profit or to benefit
any person. Use of these resources is restricted to the conduct of
official business, for the benefit of all residents and to further
an authorized public purpose.
I.
Representation before your agency. An officer or employee may not
be paid (or make an agreement to be paid) and shall not represent
a person or entity 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 or she 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.
J.
Representation before any agency for a contingent fee. An officer
or employee may not be paid and 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.
K.
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 LeRay, 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.
L.
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.
M.
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 the appearance of a conflict or impairs the proper discharge of
his official duties.
N.
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 LeRay 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 LeRay 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 Supervisor of the Town of LeRay shall cause a copy of this
Code of Ethics to be distributed to every officer and employee of
the Town of LeRay within 15 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 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.
