[HISTORY: Adopted by the Board of Trustees
of the Village of Owego 12-21-1970 by L.L. No. 6-1970. Amendments noted where
applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Owego 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 of Owego. These rules shall serve as
a guide for official conduct of the officers and employees of the
Village of Owego. 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.
As used in this chapter, the following terms
shall have the meanings indicated:
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
An officer or employee of the Village of Owego, 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.[1]
Every officer or employee of the Village of
Owego shall be subject to and abide by the following standards of
conduct:
A.
Gifts. He 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 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.[1]
B.
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.
C.
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 of any municipal
agency over which he has jurisdiction or to which he has the power
to appoint any member, officer or employee.
D.
Representation before any agency for a contingent
fee. 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 agency of his municipality whereby his 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 he knows thereof, a member of the Board of Trustees and any officer
or employee of the Village of Owego, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Board of Trustees
or any 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 has in such legislation.
F.
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.
G.
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 services creates a conflict
with or impairs the proper discharge of his official duties.
H.
Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Village of Owego 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.
I.
Additional provisions applicable to Trustees who are members of the
Village Fire Department. In view of firefighters' historic commitment
to public service and to the maintenance and improvement of the public
good and public welfare of the inhabitants of the Village of Owego,
and in view of the fact that the Village has a relatively small population
base from which to draw its municipal officials and its firefighters,
it is hereby determined that it is in the best interest of the Village
to not prohibit or inhibit the service of firefighters on the Village
Board of Trustees, unless there exists a statutory conflict of interest
or a violation of the Village Ethics Code that would prevent them
from acting as Trustees or carrying out their duties.
Accordingly, a Trustee who is a volunteer firefighter in the
Village Fire Department may take part in deliberations and vote on
matters relating to the Fire Department, as long as there is no actual
conflict of interest pursuant to New York State Public Officers Law,
no violation of the Village Code of Ethics, and subject to the following.
(1)
No trustee who is an officer in the Village Fire Department or a
member of the Fire Department in a policy-making position shall deliberate
or vote on any matters relating to the Fire Department.
(2)
No trustee who is a volunteer firefighter shall deliberate or vote
on matters relating to the Fire Department that may directly benefit
him or her as a firefighter, either personally or financially, as
for example, being appointed an officer in the Fire Department or
in regards to a proposal for a service award program to be established
for firefighters.
(3)
No trustee who is a volunteer firefighter shall deliberate or vote
on any personnel policy to which he or she is subject.
[Added 5-2-2016 by L.L.
No. 3-2016]
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 Owego
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.
The Board of Trustees of the Village of Owego
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the Village of Owego within seven days after
the effective date of this chapter. Each officer and employee elected
or appointed thereafter shall be furnished a copy before entering
upon the duties of his office or employment.
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.
