[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 4-24-1972 as Art. II, Div. 2, of Ch. 2 of the Code of Ordinances (1972). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Village Board of Trustees 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. Section 9-5 also provides for the establishment of a Board of Ethics for the Village pursuant to Article 18 of the General Municipal Law.
For the purposes of this chapter, the following definitions shall apply:
- A pecuniary or material benefit accruing to a municipal officer or employee, unless the context otherwise requires.
- 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, except a Fire Chief or Assistant Fire Chief.
Every officer or employee of the Village shall be subject to and abide by the following standards of conduct:
Gifts. No municipal officer or employee shall, directly or indirectly, solicit any gift, or accept or receive any gift having a value greater than that set forth in New York State General Municipal Law § 805-a, 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 the municipal officer or employee or could reasonably be expected to influence the municipal officer or employee in the performance of his or her official duties or was intended as a reward for any official action on his or her part.
[Amended 6-25-2001 by L.L. No. 5-2001]
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.
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 before any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
Representation before any agency of the Village. No officer or employee of the Village shall 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 the Village, 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.
[Amended 2-25-2002 by L.L. No. 2-2002]
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Village Board of Trustees 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 of Trustees on any legislation before the Village 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.
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.
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.
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.
Nothing in this chapter 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 Village 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.
There is hereby established a Board of Ethics consisting of three members to be appointed by the Village Board of Trustees, all of whom reside in the Village and who shall serve without compensation and at the pleasure of the Village Board of Trustees. A majority of such members shall be persons other than elected or appointed officers or employees of the Village, but the Board shall include one member who is an elected or appointed officer or employee of the Village.
The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the Village with respect to Article 18 of the General Municipal Law and the Code of Ethics adopted by the Village Board of Trustees pursuant to such Article, under such rules and regulations as the Board may prescribe. In addition, the Board may make recommendations with respect to the drafting and adoption of amendments to the Code of Ethics upon request of the Village Board of Trustees.
[Amended 1-14-1991 by L.L. No. 1-1991]
Each officer and employee elected or appointed shall be furnished a copy of this Code of Ethics before entering upon the duties of his office or employment, provided that 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.
[Amended 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.