[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.]
GENERAL REFERENCES
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]
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves;
A firm, partnership or association of which such officer or
employee is a member or employee;
A corporation of which such officer or employee is an officer,
director or employee; and
A corporation any stock of which is owned or controlled directly
or indirectly by such 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]
A.
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.
B.
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.
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.
B.
No Village employee shall accept other employment
which will impair his independence of judgment in the exercise of
his official duties.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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.
C.
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.
