Pursuant to the provisions of § 806 of the General Municipal
Law, the Village Board of Trustees of the Village of Cobleskill, Schoharie
County, New York, 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. These
rules shall serve as a guide for official conduct of the officers and employees
of the village. 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:
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the village, 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.
INTEREST
A pecuniary or material benefit accruing to a municipal officer or
employee unless the context otherwise requires.
Every officer or employee of the village shall be subject to and abide
by the following standards of conduct:
A. Gifts. He shall not directly or indirectly solicit any
gift or accept or receive any gift having a value of seventy-five dollars
($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.
B. Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or use such
information to further his personal interest.
C. 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.
D. 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.
E. Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Village Board and any officer or employee
of the village, whether paid or unpaid, who participates in the discussion
or gives official opinion to the Village Board 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.
F. 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 transactions which creates a conflict
with his official duties.
G. 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.
H. Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any board or
agency of the village 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.
The Village Clerk shall cause a copy of this Code of Ethics to be distributed
to every officer and employee of the village within ten (10) days after the
effective date of this chapter. Each officer elected or appointed thereafter
shall be furnished a copy of the Code of Ethics by the Village Clerk. Each
employee shall be furnished a copy of the Code of Ethics by the department
head of the particular department within which such person is employed. Failure
to distribute any copy of the Code of Ethics or failure of any officer or
employee to receive such copy shall have no effect on the duty of compliance
with such code or 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.
The village shall refer any matters requiring referral or matters deemed
advisable to be referred to the Board of Ethics of Schoharie County.