Officers and employees of the Village of Chittenango hold their
positions to serve and benefit the public, and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Village of Chittenango Board of Trustees
recognizes that, in furtherance of this fundamental principle, there
is a need for clear and reasonable standards of ethical conduct. This
Code of Ethics establishes those standards.
BENEFIT
A direct or indirect financial, professional, or material
gain, enhancement or improvement. Benefit does not include benefit
arising from the provision or receipt of any services generally available
to the residents or taxpayers of the municipality or an area of the
municipality, or a lawful class of such residents or taxpayers.
BOARD
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.
CODE
This Code of Ethics.
CONTRACT
Any claim, account, demand against or agreement with a municipality,
express or implied.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as a result of a contract with
a municipality which the officer or employee serves. A municipal officer
or employee is deemed to have an interest in a private organization
when he or she, his or her spouse, a member of his or her household,
or his dependants is an owner, partner, member, director, officer
or employee of an organization, or directly or indirectly owns or
controls more than 5% of the outstanding stock of a corporation listed
on the New York and American Stock Exchanges.
MUNICIPALITY
The Village of Chittenango. The word "municipal" refers to
the things pertaining to the Village of Chittenango.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid representative, officer or employee of the
Village of Chittenango, including, but not limited to, the members
of any municipal department, board or commission. No person shall
be deemed an officer or employee solely by reason of being a volunteer
fireman, except a Fire Chief or Assistant Fire Chief.
RELATIVE
A spouse, child, stepchild, grandchild, and any descendents
of the grandparents of the officer or employee, or the members of
the officer's or employee's household, as well as the child,
stepchild, grandchild, any descendents of the grandparents, and any
member of the household, of a municipal officer's or employee's
spouse.
This Code of Ethics applies to the officers and employees of
the Village of Chittenango, and shall supersede any prior municipal
Code of Ethics. The provisions of this Code of Ethics shall apply
in addition to all applicable state and local laws relating to conflicts
of interest and ethics, including, but not limited to, Article 18
of the General Municipal Law and all rules, regulations, policies
and procedures of the Village of Chittenango.
No municipal office or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or a private organization
in which he or she is deemed to have an interest.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A. Can be reasonably expected to require more than sporadic recusal and abstention pursuant to §
9-6 of this code;
B. Can
be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C. Violates
§ 805-a(1)(c) or (d) of the General Municipal Law; or
D. Requires
representation of a person or organization other than the municipality
in connection with litigation, negotiations or any other matter to
which the municipality is a party.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A. Representing himself or herself, or his or her spouse or minor children
before the municipality; or
B. Asserting a claim against the municipality on his or her own behalf,
or on behalf of his or her spouse or minor children.
Except as otherwise allowed by law:
A. No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any municipal
position at, for or within the municipality or a municipal board.
B. No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information, unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.
Any municipal officer or employee who violates this code may be subject to administrative disciplinary actions, including censure, fine, suspension or removal from office or employment, in the manner provided by law. Violations of the provisions of this code are also subject to penalties upon conviction, as provided in §
1-12 of the Village Code.