[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 59.
[Adopted 10-19-1970 by L.L.
No. 6-1970]
Pursuant to the provisions of Section 806 of the General Municipal Law, the Board of Trustees of the Village of Hamburg 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 article to promulgate these rules of ethical conduct for the officers and employees of the Village of Hamburg. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Hamburg. The rules of ethical conduct of this article, 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 article, the following terms shall have the meanings
indicated:
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 article, a
municipal officer or employee shall be deemed to have an interest in the contract
of:
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.
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 Hamburg, 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 fire fighter or civil defense volunteer,
except a Fire Chief or Municipal Fire Chief.
Every officer or employee of the Village of Hamburg shall be subject
to and abide by the following standards of conduct:
A.
Gifts. An officer or employee shall not, 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, 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 her, or could reasonably be expected to influence him or her, in the performance
the official duties of the officer or employee or was intended as a reward
for any official action on his or her part.[1]
B.
Confidential information. An officer or employee 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. An officer or
employee shall not receive or enter into any agreement, expressed 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.
An officer or employee 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 or 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 an officer or employee knows thereof, a member of the Board of Trustees
and any officer or employee of the Village of Hamburg, whether paid or unpaid,
who participates in the discussion or gives official opinion to the Board
of Trustees on any legal legislation before the 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 or she has in such legislation.
F.
Investments in conflict with official duties. An officer
or employee 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. An officer or employee 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. An officer or employee shall not,
after the termination of service or employment with such municipality, appear
before any board or agency of the Village of Hamburg in relation to any case,
proceeding or application in which the officer or employee 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 Village of Hamburg, or any agency thereof, on behalf of
himself or herself 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 Mayor of the Village of Hamburg shall cause a copy of this code
of ethics to be distributed to every officer and employee of the Village of
Hamburg within 30 days after the effective date of this article. Each officer
and employee elected or appointed thereafter shall be furnished a copy before
entering upon the duties of the 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 or 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.
This article shall take effect 10 days after it is filed, as provided
in Section 27 of the Municipal Home Rule Law.
[Adopted 2-3-1975; amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. I)]
There shall be a Board of Ethics to administer the rules and regulations set forth in Article I of this chapter, the Code of Ethics for the Village of Hamburg. Said Board shall consist of three members.
