[HISTORY: Derived from the Code of Ethics
in the Resolutions section of the 1974 Compilation of the Town of
Cicero; amended in its entirety 4-25-2018. Subsequent amendments noted
where applicable.]
This chapter, applicable to all municipal officers and employees
of the Town of Cicero, is adopted as a supplement to the provisions
of Article 18 of the General Municipal Law of the State of New York
for the purposes described in c. 946, § 1, of the Laws of
1964, and it shall be construed to give effect thereto.
A.
The definitions prescribed in § 800 of the General Municipal
Law of the State of New York, unless otherwise expressly stated herein,
shall govern the application of this chapter.
B.
BOARD and TOWN BOARD
FAMILY
MUNICIPAL OFFICER OR EMPLOYEE
PERSON
PERSONAL INTEREST
TOWN
TRANSACTION
As used in this chapter, the following words shall have the meanings
indicated:
The Town Board of the Town of Cicero.
Includes spouse and other dependent members of the household.
An elected or appointed official or employee of the Town,
whether paid or unpaid, including members of all boards, commissions
or other agencies thereof, except that civil defense volunteers, volunteer
firemen, special policemen and members of citizens' advisory
groups shall not be deemed to be municipal officers or employees.
Includes an individual, corporation, proprietorship, association,
partnership, trust and estate.
A pecuniary or material benefit accruing directly or indirectly
to oneself or to one's family.
The Town of Cicero.
Any claim, account or demand for or against, and any contract
or agreement with, the Town of Cicero, whether express or implied,
including the designation of a depository of public funds.
A.
No municipal officer or employee shall:
(1)
Perform any service or exercise any discretion on behalf of the Town
with respect to any transaction in which he, his family or his client
may have or derive a personal interest;
(2)
Engage in any private employment or render any private service incompatible
with the discharge of his official duties; or
(3)
Use, or permit the use of, property owned or leased to the Town for
other than official purposes or for activities not otherwise officially
approved by the Town Board.
B.
Except as may otherwise be provided herein, no municipal officer
or employee, or his representative, shall have a personal interest
in any transaction with the Town when such municipal officer or employee,
or his representative, individually or otherwise, has the power or
duty for or on behalf of the Town to:
C.
Except as may otherwise be provided herein, no Town Attorney or attorney
for the Town shall perform any service or exercise any discretion
on behalf of the Town in any matter involving a person who is then
or, during the year immediately prior thereto, was his client or the
client of a law firm of which he is or was a partner or associate.
D.
No one who has served as a municipal officer or employee shall, within
one year immediately following the termination of such status, appear
before any municipal officer or employee, board or agency of the Town,
or receive any compensation for services rendered on behalf of any
person, in relation to any matter with respect to which he performed
a service directly or indirectly for the Town in his official capacity.
A.
The provisions of § 22-3B of this chapter shall not apply to transactions with a corporation listed in the New York or American Stock Exchanges in which a municipal officer or employee owns less than 5% of the outstanding stock; provided, however, that this exception shall not apply to the Town Supervisor, Comptroller, Deputy Supervisor or employee of the Supervisor with respect to stock owned by them in a banking institution designated as a depository of Town funds.
B.
The provisions of § 22-3B and D of this chapter shall not be construed to bar or prevent the filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Town 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.
A.
Any officer or employee of the Town of Cicero, whether paid or unpaid,
who has, will have or intends to acquire an interest direct or indirect
in any matter being considered by the Board or by any other official
board, agency, officer or employee of the Town of Cicero, and who
participates in discussions before or gives opinions or advice to
any board, agency or individual considering the same, shall publicly
disclose on the official record the nature and extent of such interest.
B.
Any officer or employee of the Town of Cicero, whether paid or unpaid,
who has knowledge of any matter being considered by any board, agency,
officer or employee of the Town of Cicero in which he has or will
have or intends to acquire any direct or indirect interest, shall
be required to disclose in writing his interest to such board, agency,
officer or employee and the nature and extent thereof.
No officer or employee of the Town of Cicero, whether paid or
unpaid, shall disclose confidential information concerning the property,
government or affairs of the Town or any other confidential information
of an official character except when required by law, nor shall he
use such information to advance the financial or other private interests
of himself or others.
A.
No municipal officer or employee shall use his official position
to secure special privileges or exemptions for himself or for others,
except as may otherwise be provided by law, nor shall he or any member
of his family accept any gift, gratuity, entertainment, favor or service
from any person in connection with the discharge of his official duties,
to exceed in value $75.
B.
The restriction imposed by this article shall not apply to situations in which the interests of the Town are served by participation of municipal officers or employees in activities at the expense of another; provided, however, that full written disclosure is made to the Town Board. Such activities may include, but need not be limited to, attendance and participation at public ceremonies or gatherings, the taking of casual meals when the conduct of Town business may be facilitated, or participation of municipal officers or employees in other activities consistent with good ethical conduct and in keeping with the purposes of this chapter as provided in § 22-1 hereof.
No municipal officer or employee shall disclose to any person
without official authorization any confidential information concerning
the business or other affairs of the Town with respect to which he
has acquired knowledge in his official capacity.
A.
The violation of any provision of this chapter shall constitute cause
for fine, suspension or removal from office or employment pursuant
to applicable law.
B.
Any municipal officer or employee who knowingly and willfully violates
a provision of this chapter shall be guilty of a misdemeanor and liable
to punishment therefor in accordance with the provisions of law.
A.
There is hereby created and established a Board of Ethics consisting
of five members to be appointed by the Town Board, all of whom shall
reside in the Town of Cicero and who shall serve without compensation.
Of the members first appointed to the Board, one shall hold office
for a term of one year, one for a term of two years, one for a term
of three years, one for a term of four years and one for a term of
five years from and after his appointment. The composition of the
Board shall include not more than two persons duly enrolled in the
same political party. Their successors shall be appointed for a term
of five years from and after the expiration of the terms of their
predecessors in office. The Cicero Town Board shall designate the
Chairman who shall serve at the pleasure of the Town Board.
B.
The Board shall render advisory opinions with respect to this code,
such opinions to be rendered only to the officer or employee or to
the head of his department, agency or commission. All requests for
opinions must be submitted to the Board in writing. All requests for
opinions must be submitted to the Board in writing. Opinions shall
be rendered only to the person duly requesting them.
C.
Such Board upon its formation shall promulgate its own rules and
regulations as to its forms and procedures and shall maintain appropriate
records of its opinions and proceedings.
D.
Such Board shall be authorized to investigate allegations of harassment
brought against elected officials in the Town of Cicero and make recommendations
as to appropriate action should the Board determine that an elected
official has violated the Town's harassment policies, plans,
rules, regulations and/or procedures.
The Town Supervisor shall cause a copy of this chapter to be
distributed to every municipal officer and employee, who shall acknowledge
receipt thereof in writing, and a permanent record of receipt shall
be maintained by the Town Clerk.
