Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Honeoye Falls 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 Honeoye Falls. These rules
shall serve as a guide for official conduct of the officers and employees
of the Village of Honeoye Falls. 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:
INTEREST
A pecuniary or material benefit accruing to a municipal officer
or employee unless the context otherwise requires.
MUNICIPAL OFFICER or EMPLOYEE
An officer or employee of the Village of Honeoye Falls, 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.
[Amended 9-16-1996 by L.L. No. 6-1996]
Every officer or employee of the Village of
Honeoye Falls shall be subject to and abide by the following standards
of conduct:
A. Gifts. No municipal officer or employee shall, directly
or indirectly, solicit any gift or accept or receive any gift having
a value of $75 or more, whether in 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.
[Amended 12-15-1992 by L.L. No. 10-1992]
B. Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties,
except when required by law, or use such information to further his
personal interest.
C. Representation before one's 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. The preceding sentence
shall not preclude any such officer or employee from appearing in
the performance of public or civic obligations or on his own behalf
with respect to matters of a personal nature.
[Amended 12-15-1992 by L.L. No. 10-1992]
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 Honeoye Falls, whether paid or unpaid,
who participates in the discussion or gives official opinion to the
Board of Trustees on 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 service 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 Honeoye Falls 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. Use of Village-owned equipment or property. No officer
or employee shall request or permit the use of Village-owned vehicles,
equipment, material or property for personal convenience or profit,
except when such services are available to the public generally or
are provided as municipal policy for the use of such officer or employee
in the conduct of official business.
J. Obligations to citizens. No officer or employee of
the Village shall use or attempt to use his official position to secure
unwarranted privileges or exemptions for himself or others or grant
any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen. An officer or employee
of the Village should not by his conduct give reasonable basis for
the impression that any person can unduly influence him or improperly
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.
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 Honeoye
Falls, 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 Village of Honeoye Falls shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Village of Honeoye Falls 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
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 of Ethics may be fined, suspended or removed from office or employment, as the case may be, after affording a hearing required by §
23-6C and
D of the code, or in the manner provided by law.
This Code of Ethics may be amended from time
to time by the Board of Trustees to improve the administration of
the Village and protect the public, or by supplementing the coverage
of this code, to the extent permitted by law.