[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 12-14-1970 (Ch. 17 of the 1968 Code). Amendments noted where applicable.]
Officers and employees — See Ch. 83.
The Board of Trustees of the Village of Fairport recognizes that there are state statutory provisions mandating villages to establish rules and standards of ethical conduct for public officers and employees which, if observed, can enhance public confidence in local government. It is for that purpose that the Board of Trustees of the Village of Fairport, by resolution, has promulgated canons of ethical conduct for the officers and employees of the Village of Fairport and has provided for punishment of violations of such canons.
The standards, prohibited acts and procedures established by these canons of ethical conduct are in addition to any prohibited acts, conflict of interest provisions or procedures prescribed by statutes of the State of New York and also are in addition to common law rules and judicial decisions relating to the conduct of Village officers to the extent that the same are more severe in their application than the canons adopted by the Board of Trustees.
For the purpose of this chapter, the following terms shall mean and include:
- 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:[Added 5-10-2010 by L.L. No. 1-2010]
- A. His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves;
- B. A firm, partnership or association of which such officer or employee is a member or employee;
- C. A corporation of which such officer or employee is an officer, director or employee; and
- D. A corporation any stock of which is owned or controlled directly or indirectly by such officer or employee.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Village of Fairport, 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.[Amended 5-10-2010 by L.L. No. 1-2010]
- Any board, commission or other agency, department or unit of government of the Village of Fairport.
[Amended 3-9-2015 by L.L. No. 2-2015]
Municipal officers and employees must refrain from participating in any activity or business venture which could conflict with the interests of the Village. No municipal officer or employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of his/her duties in the public interest.
All municipal officers will complete a Conflict of Interest Policy and Disclosure Form annually. If any information on the form changes during the course of the year, prompt notification of that change must be made to the Village Manager in writing.
Every employee of the Village of Fairport shall be subject to and abide by the following standards of conduct:
A Village employee who shall render an 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.
No Village employee shall accept other employment which will impair his independence of judgment in the exercise of his official duties.
No Village employee shall accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority.
No Village employee shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others nor by his conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of his official duties or that he is affected by the kinship, rank, position or influence of any party or person.
No Village employee shall engage in any transaction as representative or agent of the Village with any business entity in which he has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his official duties.
Each Village employee shall abstain from making personal investments in enterprises which he has reason to believe may be directly involved in decisions to be made by him or which will otherwise create substantial conflict between his duty in the public interest and his private interest.
Each Village employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.
No Village employee employed on a full-time basis, nor any firm or association of which such employee is a member, nor a corporation in which a substantial portion of the stock is owned or controlled directly or indirectly by such employee, shall sell goods or services to any person, firm, corporation or association which is licensed or whose rates are fixed by the Village in which such employee serves or is employed.
No municipal officer or employee shall, directly or indirectly, solicit any gift, or accept or receive any gift having a value of $75 or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in 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.
[Added 5-10-2010 by L.L. No. 1-2010]
In addition to any penalty contained in any other provision of law, any such Village employee who shall knowingly and intentionally violate any of these canons of ethical conduct may be fined, suspended or removed from office or employment in the manner provided by law.
Membership. There is hereby established a Board of Ethics consisting of three members to be appointed by the Board of Trustees, all of whom shall reside in the Village of Fairport and who shall serve without compensation and at the pleasure of the Board of Trustees of the Village of Fairport. A majority of such members shall be persons other than Village employees but shall include at least one member who is an elected or appointed Village employee of the Village of Fairport.
Advisory opinions. The Board of Ethics established hereunder shall render advisory opinions to Village employees on written request and upon request of the Board of Trustees of the Village of Fairport make recommendations to such Village Board as to any amendments of this chapter. The opinions of the Board of Ethics shall be advisory and confidential and in no event shall the identity of the Village employee be disclosed except to authorized persons and agencies. Such opinions shall be on the advice of counsel employed by the Board of Ethics or, if none, of the Village Attorney.
Rules and regulations. Such Board of Ethics upon its formation shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings.
Upon the adoption of this chapter, the Mayor shall cause a copy thereof to be distributed to every Village employee of this Village. The Mayor shall further cause a copy of this chapter to be kept conspicuously posted in each public building under the jurisdiction of the Village. Failure to distribute or to post any such copy or failure of any Village employee to receive such copy shall have no effect on the duty of compliance herewith nor the enforcement provisions hereof.
This chapter shall take effect immediately, and the Village Clerk is authorized, empowered and directed to file a certified copy hereof with the Office of the State Comptroller on or before the 31st day of December 1970.