[HISTORY: Adopted by the Town Board of the
Town of Ontario 6-22-1970; amended in its entirety 12-22-2008 by L.L. No. 5-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 21.
The Town Board of the Town of Ontario recognizes
that there are state statutory provisions mandating towns to establish
rules and standards of ethical conduct for public officers and employees
which, if observed, can enhance public confidence in local government.
In the light of tendency today on the part of some people to downgrade
our local governments and to discredit our public servants and our
free institutions generally, it appears necessary that every effort
be made to assure the highest caliber of public administration of
this Town as part of our state's important system of local government.
It is the purpose of this code to implement this objective through
the establishment of standards of conduct, to provide for punishment
of violation of such standards and to create a Board of Ethics to
render advisory opinions to the Town's officers and employees as provided
for herein.
The standards, prohibited acts and procedures
established herein are in addition to any prohibited acts, conflict
of interest provisions or procedures prescribed by statute of the
State of New York and also in addition to common law rules and judicial
decisions relating to the conduct of Town officers to the extent that
the same are more severe in their application than this code.
As used in this chapter, the following terms
shall have the meanings indicated:
The Town Board, and any board of the Town of Ontario appointed
by the Town Board, including but not limited to the Zoning Board of
Appeals, the Planning Board, Watershed Management Advisory Council,
the Board of Ethics, the Recreation and Parks Advisory Board, and
the Board of Assessment Review.
The Code of Ethics of the Town of Ontario, codified by this
chapter.
The Town of Ontario, including any board, commission, district,
council or other agency, department or unit of the government of the
Town of Ontario.
Any Town official or employee, elected or appointed, including
board members, whether serving in a full-time, part-time or advisory
capacity.
A.
No Town 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 duties
in the public interest
B.
No Town employee shall accept other employment which
will impair his independence of judgment in the exercise of his official
duties.
C.
No Town 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 Town employee shall use or attempt to use his official
position to secure unwarranted privileges or exemptions for himself
or others.
E.
No Town employee shall engage in any transaction as
representative or agent of the Town 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.
A Town employee shall not, 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.
G.
Each Town 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.
H.
Each Town 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
I.
No Town employee nor any firm or association of which
such employee is a member nor corporation a substantial portion of
the stock of which is owned or controlled directly or indirectly by
such employee shall sell goods or services to any person, trim, corporation
or association which is licensed or whose rates are fixed by the Town
in which such employee serves or is employed.
J.
Any Town employee who has a financial interest, direct
or indirect, in a property or matter which is the subject of any pending
or proposed proceeding before any board of the Town that such employee
is aware of shall disclose such employee's interest to the involved
board prior to the hearing of such proceeding, and if such official
or employee is a voting member of such board, such employee shall
recuse themselves as appropriate from any discussion or vote upon
such matter. The disclosure shall be included in the minutes of such
board to avoid the appearance of impropriety.
K.
A Town employee shall not, after the termination of
service or employment with such municipality, appear before any board
or agency of the Town 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.
L.
Acceptance of gifts.
(1)
Employees shall not directly or indirectly accept
nor solicit any gift, favor or service in whatever form under circumstances
from which it could reasonably be inferred that the gift was intended
to influence them or reasonably be expected to influence them in the
performance of their official duties, or was intended as a reward
for any official act on their part.
(2)
Gifts include anything of value to the recipient from
any existing or potential vendor, contractor, utility corporation
or customer including a gift, loan, reward, promise of future employment,
favor or service based on the understanding that the official action
or judgment of the employee or official would be thereby influenced.
(3)
This restriction also applies to family members and
others in whose welfare the employee or official is directly interested.
It is not intended to isolate employees and officials from normal
social practices where gifts among friends, associates or relatives
are appropriate for certain occasions.
(4)
If employees or officials receive an unsolicited gift
or gratuity worth more than $25, they shall, upon receipt, report
the gift or gratuity to the Town Board who shall document such acceptance.
(5)
If the gift is a perishable item such as food and
has a nominal market value (less than $25), the employee or official
may accept the gift on behalf of the Town and share it with the public,
visitors, and office employees.
M.
Nepotism. It is the Town's intent to eliminate employment
practices which result in conflicts of interest, favoritism or appearance
of impropriety.
(1)
No person shad be employed in the same department
in which a relative is working if one supervises or evaluates the
other.
(2)
No employee shall be transferred to a department in
which a relative is working if one supervises or evaluates the other.
(3)
This Subsection M shall not apply to employees assigned before its effective date. A "relative" is defined for these purposes as a spouse, domestic partner, parent, child, sibling, uncle, aunt, first cousin, nephew, niece, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-parent, step-child, step-sibling, or half-sibling. A "domestic partner" is defined as a person with whom the employee shares a residence within the context of a committed relationship.
In addition to any penalty contained in any
other provision of law, any such Town employee who shall knowingly
and intentionally violate any of the provisions of this code may be
fined, suspended or removed from office or employment in the manner
provided by law.
A.
The Board of Ethics shall consist of five regular
members. Each member shall be an elector of the Town who is known
for their integrity, and who shall serve without compensation. A majority
of such members shall be persons other than Town employees, but at
least one member shall be a Town Employee. The members shall be appointed
by the Town Board for a term of five years, except that of the members
appointed in 2008, one shall serve for one year, one for two years,
one for three years, one for four years and one for five years.
B.
The Board of Ethics established hereunder shall render advisory opinions to Town employees and boards. The opinions of the Board of Ethics shall be advisory and confidential, and in no event shall the identity of the Town employee be disclosed except as provided in § 13-6D of this code or when otherwise required by law, and may be disclosed at the option of the employee that is the subject of the opinion. The Board of Ethics may request advice from the Attorney for the Town.
C.
Such Board of Ethics, upon its formation, shad promulgate
its own rules and regulations as to its form and procedures and shall
maintain appropriate records of its opinions and proceedings. Such
records shall be entrusted to the Town Clerk for confidential storage.
D.
Any Town Board member or other board of the Town may
request an advisory opinion from the Board of Ethics. Any other Town
employee or member of the general public may request an advisory opinion
from the Ethics Board by presenting such request in writing to the
Town Clerk who shall present it to the Ethics Chair who will determine
whether it is appropriate to refer it to the Board of Ethics. The
Board of Ethics shall present the opinion found to the Town Board
and any board or employee that requested the opinion, or is the subject
of such opinion, and file it with the Town Clerk.
E.
The Board of Ethics will review this code, reassess
and make any necessary recommendations to this code at least once
every four years or more frequently as needed.
F.
The Board of Ethics shall meet at least one time each
year in February.
A.
Upon the adoption or amendment of this code, the Town
Supervisor shall cause a copy thereof to be distributed to every Town
employee of this Town. A copy of this code will be included in every
employee handbook distributed by the Town. Failure to distribute any
such copy or failure of any Town employee to receive such copy shall
have no effect on the duty of compliance with this code nor the enforcement
of provisions hereof. The Town Supervisor shall further cause a copy
of this code to be kept posted conspicuously in each public building
under the jurisdiction of the Town. Failure to so post this code shall
have no effect on the duty of compliance herewith nor the enforcement
of provisions hereof.
B.
Within 30 days of the adoption of this code, the Town
Clerk shall file a copy thereof in the office of the State Comptroller.
C.
A copy of this code will be given to every Board member
upon their initial appointment or swearing in, and every other employee
upon hire.
D.
It is recommended that all Town employees sign a statement
that they have received a copy of this code. Such signed statement
shall be filed with the Town Clerk.
The Town Board may appropriate moneys from the
general Town funds for the maintenance of and for personal services
to the Board of Ethics established hereunder, but such Board of Ethics
may not commit the expenditure of Town moneys except within the appropriations
provided herein.
If any provision of this code is determined
to be unconstitutional or invalid, the validity and enforceability
of the remainder of this code shall not be affected.