[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 5-24-2007 by L.L. No. 6-2007. Amendments noted where applicable.]
Defense and indemnification — See Ch. 12.
This chapter shall be known as the "Code of Ethics of the Village of Clyde."
It is the purpose of this chapter to provide basic standards of ethical conduct as a guide for officers, employees and contract professionals of the Village of Clyde in order to preserve the integrity, independence and impartiality of such officers, employees and contract professionals and to assure the proper administration of the government of the Village.
When used in this chapter, and unless otherwise expressly stated, or unless the context otherwise requires, the following terms shall have the meanings indicated:
- Any claim, account or demand against or agreement with the Village of Clyde, expressed or implied, and shall include the designation of a depository of public funds and the designation of an official newspaper.
- A direct or indirect pecuniary or material benefit accruing to a municipal officer, employee or contract professional as the result of a business or professional transaction with the Village of Clyde. For the purpose of this chapter, a municipal officer, employee or contract professional shall be deemed to have an interest in the affairs of his or her spouse, minor children and dependents; a firm, partnership or association of which such officer, employee or contract professional is a member or employee; a corporation of which such officer, employee or contract professional is an officer, director or employee; and a corporation, any stock of which is owned or controlled directly or indirectly by such officer, employee or contract professional.
- A. An officer, employee or contract professional of the Village of Clyde, whether paid or unpaid, including members of any administrative board, commission or agency thereof. No person shall be deemed to be a municipal officer, employee or contract professional solely by reason of being a civil defense volunteer or volunteer fireman.
- B. Municipal officer, employee or contract professional also means any person nominated by a political party or by independent nominating petition as a candidate for any elective office in the Village of Clyde.
Gifts. No officer, employee or contract professional shall, directly or indirectly, solicit 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, from any person, firm or corporation which, to his or her knowledge, is interested directly or indirectly in any manner whatsoever in business or professional dealings with the Village or any agency thereof or who has any matter under consideration by any board, commission or agency of the Village.
Confidential information. No officer, employee or contract professional shall disclose any confidential information acquired by him/her or her in the course of his or her official duties or use such information to further his or her personal interests.
Representation before a Village agency. No officer, employee or contract professional shall receive or enter into any agreement, express or implied, for compensation or consideration of any kind for services rendered in relation to any matter before the board, commission, or agency of the Village.
Disclosure of interest. Any officer, employee or contract professional, whether paid or unpaid, who participates in the discussion of or gives an official opinion to any board, commission or agency of the Village on any legislation or other matter being considered by such board, commission or agency shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in such legislation or matter.
Interest in contract. No officer, employee or contract professional shall have an interest, direct or indirect, in any contract with the Village.
Interest in depository. Neither the Village Treasurer nor the Mayor, nor any deputy or employee of either officer, shall have an interest, directly or indirectly, in any bank or trust company designated as a depository, paying agent, or for investment of funds of the Village.
Investments in conflict with official duties. The Village Treasurer 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 or her official duties.
Private employment. No officer, employee or contract professional shall 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 or her official duties.
Future employment. No municipal officer, employee or contract professional shall, after the termination of service or employment with the Village, appear before any board, commission or agency of the Village, in relation to any case, proceeding or application in which he or she personally participated during the period of his or her service or employment or which was under his or her active consideration.
Representing private interests. No officer, employee or contract professional shall represent any private interests in any litigation in which the Village is a party or complainant. Such officer, employee or contract professional shall be deemed to represent private interests if any partner or business associate of such officer, employee or contract professional represents private interests as aforesaid.
Additional standards of Village Attorney. The Village Attorney or any Assistant Village Attorney is prohibited from exercising any discretion in any matter of Village interest which shall involve any person or corporation who has been a client of his firm during one year prior to the time that said matter is handled by the office of the Village Attorney. This, however, shall not prevent the assignment of such matter to another attorney in the Village Attorney's office who has had no interest in such matter. Any law firm of which the Village Attorney or any Assistant Village Attorney shall be a member shall not practice before the Village Board or any of the boards, commissions or agencies of the Village while such member is an employee of the Village Attorney's office.
Additional standards of Code Enforcement Officer. The Code Enforcement Officer or any deputy or assistant is prohibited from exercising any discretion or acting upon any matter of Village interest which shall involve any real estate, insurance, building contracting business or business matters in which he may have any interest.
The provisions of § 19-4 of this chapter shall not apply to:
A contract with a person, firm, corporation or association in which a municipal officer, employee or contract professional has an interest which is prohibited solely by reason of employment as an officer, employee or contract professional of the Village, if the remuneration of such employment will not be directly affected as a result of such contract and the duties of such employment involve the procurement, preparation or performance of any part of such contract.
The purchase by the Village of real property or any interest therein, provided the purchase and the consideration therefor is approved by order of the Supreme Court upon petition of the Board of Trustees of the Village.
The acquisition of real property or an interest therein through condemnation proceedings according to law.
A contract with a membership corporation or other voluntary nonprofit corporation or association.
A contract in which an officer, employee or contract professional has an interest if such contract was entered into prior to the time he/she was nominated, elected or appointed as such officer, employee or contract professional, but this shall in no event authorize a renewal of any such contract.
A contract with a corporation in which an officer, employee or contract professional has an interest by reason of stockholdings when less than 5% of the outstanding stock of the corporation is owned or controlled directly or indirectly by such officer, employee or contract professional.
A contract for the furnishing of public utility services when the rates or charges therefor are fixed or regulated by the Public Service Commission.
A contract for the payment of a portion of the compensation of a private employee of an officer when such employee performs part-time service in the official duties of the office.
The timely filing by a present or former officer, employee or contract professional of any claim, act, demand or suit against the Village or any board, commission or agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or any lawful benefit authorized or permitted by law.
The Mayor of the Village of Clyde shall cause a copy of this chapter to be distributed to every officer, employee and contract professional of the Village within 30 days after the effective date hereof. Each officer, employee and contract professional elected or appointed thereafter or nominated for office shall be furnished a copy before entering upon the duties of his or her office or employment or within 10 days after nomination.
Failure to distribute any such copy or failure of any officer, employee or contract professional to receive such copy shall have no effect on the duty of compliance with such code, nor the enforcement of provisions thereof.
Any question of conflict of interest or other matter concerning the standards of conduct of any Village officer, employee or contract professional shall be referred to the Board of Ethics of the County of Wayne.
The Village Clerk of the Village of Clyde shall file a copy of this Code of Ethics with the Department of State of the State of New York within 30 days after the adoption of this chapter.
Any contracts willfully entered into by or with the Village of Clyde in which there is an interest prohibited by this chapter shall be null, void, and wholly unenforceable.
In addition to any penalty contained in any other provision of law, any person who shall willfully and knowingly violate any of the provisions of this chapter may be fined, suspended or removed from office or employment, as the case may be, in such form and manner provided by the Civil Service Law, the Public Officers Law or any other applicable law, rule or regulation.