[HISTORY: Adopted by the Town Board of the Town of Eden at time of
adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted
where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 31.
Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Eden 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 Eden. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Eden. 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:
A pecuniary or material benefit accruing to a municipal officer or
employee, unless the context otherwise requires.
An officer or employee of the Town of Eden, 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, civil defense volunteer or Eden Emergency
Squad volunteer.
Every officer or employee of Town of Eden shall be subject to and abide
by the following standards of conduct:
A.
Gifts. He or she 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 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 or her official duties or was intended as a
reward for any official action on his or her part.
B.
Confidential information. He or she shall not disclose
confidential information acquired by him or her in the course of his or her
official duties or use such information to further his or her personal interest.
C.
Representation before one's own agency. He or she 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 or she is an officer, member or employee or of any municipal
agency over which he or she has jurisdiction or to which he or she has the
power to appoint any member, officer or employee.
D.
Representation before any agency for a contingent fee.
He or she 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 or her municipality, whereby his or her 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 or she knows thereof, a member of the Town Board and any officer or
employee of the Town of Eden, 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
or she has in such legislation.
F.
Investments in conflict with official duties. He or she
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 or her official duties.
G.
Private employment. He or she 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 or her official duties.
H.
Future employment. He or she shall not, after the termination
of service or employment with such municipality, appear before any board or
agency of the Town of Eden in relation to any case, proceeding or application
in which he or she personally participated during the period of his or her
service or employment or which was under his or her 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 Eden, or any agency thereof on behalf of himself
or any member of his or her 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 Eden shall cause a copy of this Code of
Ethics to be distributed to every officer and employee of the Town of Eden
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 or her 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
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.
