A. 
It is the policy of the City that all officials and employees must avoid conflicts or potential conflicts of interest.
B. 
A conflict of interest will exist whenever an official or employee has an interest, direct or indirect, which conflicts with his duty owed to the City or which could adversely affect or influence his judgment in the proper discharge of his duties and responsibilities due the City.
C. 
Appearance of impropriety; appropriate conduct.
[Added 9-26-2000 by L.L. No. 9-2000]
(1) 
The term "appearance of impropriety" shall mean such conduct of a City official or employee as is inappropriate to the subject matter and in the context of the actions taken. "Appropriate conduct" shall mean that conduct of a City official or employee which is consistent with, and not in derogation of, his specific or implied obligations to the City of Gloversville as its representative.
(2) 
It therefore is the responsibility of every City official or employee to avoid, in his actions representing the City, the appearance of impropriety; that is, conduct which appears to a reasonable person as inappropriate in the context of his obligations to the City.
(3) 
As part of this responsibility, the employee or official must declare any monetary, business, political or personal affiliation which may raise the appearance of affecting or influencing the judgment of such official in his or her actions connected to his or her City office or employment.
A. 
The provisions of this code shall apply to officials and employees and such other agents or representatives of the City who occupy positions of authority to exercise discretion or to make judgmental decisions in behalf of the City or to affect the interests of the City.
B. 
Said provisions shall not apply to employees who perform ministerial job functions only in a prescribed manner without authority to exercise discretion or judgment as to the propriety of such job functions or which affect the policies and actions of the City.
C. 
Said provisions shall not apply to the City Court Judge or Assistant Judges which are governed by separate provisions of law for ethical conduct of judges.
No official or employee shall:
A. 
Participate in the discussion, negotiation or the awarding of any contract or take any action in any business or professional dealings with the City in any matter in which such official or employee has or will have any interest.
B. 
Accept or engage in private employment or personal services for his or her benefit, nor solicit or negotiate for the same, when such employment will or may create a conflict of interest or impair the proper discharge of his or her official duties, nor act in behalf of another having a claim or interest adverse to the interests of the City.
C. 
Solicit or accept, directly or indirectly, any gift in any form having a value of $75 or more nor any other favor, service, promise or anything under circumstances by which it could reasonably be inferred that a gift was intended or was received as a reward to influence one in making any decision or taking any action in behalf of the City.
[Amended 4-25-1995 by L.L. No. 4-1995]
D. 
Disclose confidential information acquired in the course of one's official duties or as such City official or employee or use such information for personal benefit or in any way adverse to the interests of the City, unless otherwise required to do so by law or allowed to do so for a lawful purpose.
E. 
For the twelve-month period after termination of service to or employment by the City, appear before the City in his own behalf or in behalf of another on any matter in which he took action or may have participated in any way while in the service of the City.
F. 
Hold any office in a local political party while employed in the service of the City, without disclosure.
G. 
Commit acts prohibited by General Municipal Law § 805-a.
A. 
Any official or employee who has, may have, will have or intends to acquire any personal interest in any matter contemplated or being considered by the City shall publicly disclose the nature and extent of such interest for the record and in writing before participating in any discussion, giving any advice, rendering any opinion or taking any action in any decision affecting the City.
B. 
Any official or employee who is informed of or has knowledge of any matter being considered by any department or agency of the City in which he may not be a participant but in which matter he may have or intend to acquire an interest shall be required to disclose such interest and the nature and extent thereof, in writing, to such City department or agency.
Every official and employee to whom this code applies shall be required to attest in writing and file with the Board of Ethics annually by March 1 that he or she has reviewed this Code of Ethics and to affirm and sign a statement to such effect in accordance with the form appended hereto and marked Form A.[1]
A. 
All officials and employees shall file annually with the Board of Ethics as a repository thereof a statement of disclosure containing information required by General Municipal Law § 811, Subdivision 1(d).
B. 
Such form shall be filed within 30 days after taking office or beginning employment, unless such time shall be extended for justifiable cause or as otherwise provided by General Municipal Law § 812, Subdivision 1.
C. 
Within 30 days after there is any material change in any information contained in one's statement, an amended statement reflecting such change shall be filed.
D. 
It shall be the duty of the Board of Ethics to verify that such statements required by these sections have been properly filed and to notify the Common Council of any instances of filing failures.
E. 
The name of the office or title of such City officials and employees who shall be required to complete and file such annual statements are set forth in Schedule 1 appended hereto.[1]
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
F. 
Matters to be disclosed by all City officials or employees on the disclosure forms shall include:
(1) 
The location of any real property within the City in which the City official or spouse has an ownership or other financial interest in excess of $1,000.
(2) 
The name of any partnership, unincorporated association or other unincorporated business of which the City official or spouse is an officer, employee or partner or in which the City official or spouse has a proprietary interest and the spouse's position, if any, with the partnership, association or business if any such entity has engaged within the past 12 months in or is anticipated to have any business dealings with the City.
(3) 
The name of any corporation of which the City official or spouse is an officer, director or employee or of which the City official or spouse legally or beneficially owns or controls more than 5% of the outstanding stock and any such entity has engaged within the past 12 months in or is anticipated to have any business dealings with the City and the City official's and spouse's position, if any, within the corporation.
(4) 
The name of any persons from whom the City official or his or her spouse has derived any income or other financial benefit in excess of $1,000 during the previous calendar year, whereby such income or other financial benefit was derived from business dealings with the City.
Any person to whom this code shall apply who makes or files any false or fraudulent statements, who fails to make or file a required statement, who makes any willful misrepresentations of any kind or who is otherwise found or determined to be in violation of any provisions of this code may be:
A. 
Admonished, cautioned, reprimanded, censured, suspended or removed from office or employment by the appointing officer or governing agency or in any manner otherwise ordered or authorized by the Common Council;
B. 
Liable in damages for losses to or incurred by the City as the result of such violation;
C. 
Penalized and required to pay to the City a sum equal to three times the sum of any unlawful or improper material benefit received by one as the result of such a violation;
D. 
Fined in an amount not to exceed $10,000; and/or
E. 
Subject to any other civil or criminal applicable fine or penalty imposed by law.
[Amended 4-25-1995 by L.L. No. 4-1995]
The Mayor shall cause a copy of this Code of Ethics to be distributed to each official and employee of the City to whom this code shall apply, pursuant to General Municipal Law § 806. 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, nor the enforcement of provisions thereof.