[HISTORY: Adopted by the Common Council of the City of North Tonawanda 4-4-1978; amended in its entirety 10-1-1991. Subsequent amendments noted where applicable.]
This code is enacted pursuant to Article 18 of the General Municipal Law and in recognition of the policy of the State of New York and the City of North Tonawanda to maintain the highest standards of integrity and public service. It is intended to afford city officers and employees guidance in conforming to ethical standards, to promote public confidence in the integrity of city government, require public disclosure of financial interests that may influence or be perceived as influencing actions of city officers and employees, to minimize unwarranted suspicion and to provide for fair and effective administration of this code.
These rules shall serve as a guide for official conduct of the officers and employees of the City of North Tonawanda. The rules of ethical conduct in 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 or interest in contracts of municipal officers and employees.
When used in this chapter and unless otherwise expressly stated or unless the context otherwise requires, the following words shall have the meanings indicated:
- Any claim, account or demand against or agreement with a municipality, expressed or implied, and shall include the designation of a depository of public funds and the designation of a newspaper, including but not limited to an official newspaper, or the publication of any notice, resolution, ordinance or other proceeding where such publication is required or authorized by law.
- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as a result of a contract with the city, unless the context otherwise requires.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the City of North Tonawanda, 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.
Every officer or employee of the City of North Tonawanda shall be subject to and abide by the following standards of conduct:
Gifts. He shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value in excess of that specified in § 805-a, Subdivision la, of the General Municipal Law, as it may be amended from time to time, 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 be reasonably 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.
Disclosure of confidential information. He shall not, except where such disclosure is authorized by law, disclose any confidential information acquired in the course of his official duties or use any such information to advance the financial or other private interests of himself or any other person.
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.
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 this 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.
Disclosure of interest in legislation. To the extent that he knows the above, a member of the Common Council or any officer or employee of the City of North Tonawanda, whether paid or unpaid, who participates in the discussion or gives official opinion to the Common Council on any legislation before the Common Council 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.
Investments and 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 conflict with his official duties.
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 service creates a conflict with or impairs the proper discharge of his official duties.
Representation after termination. He shall not, after termination of his term of office or employment with the city, appear before the city or receive compensation for any services rendered on behalf of any person other than the city in relation to any particular matter upon which he took any discretionary action during his term of office or employment with the city.
Nothing in this chapter shall be construed to prohibit a city officer or employee or any person from receiving a municipal service or benefit, or using a municipal facility, which is generally available to residents or a class of residents in the city.
Nothing in this section shall be construed to prohibit a city officer or employee from performing any ministerial act.
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 City of North Tonawanda 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 Mayor of the City of North Tonawanda shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the City of North Tonawanda within 30 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering 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.
This chapter shall take effect upon publication in the official newspaper of the City of North Tonawanda.