[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.]
GENERAL REFERENCES
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Interest in contract. No officer, employee or contract
professional shall have an interest, direct or indirect, in any contract
with the Village.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
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.
B.
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.
C.
The acquisition of real property or an interest therein
through condemnation proceedings according to law.
D.
A contract with a membership corporation or other
voluntary nonprofit corporation or association.
E.
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.
F.
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.
G.
A contract for the furnishing of public utility services
when the rates or charges therefor are fixed or regulated by the Public
Service Commission.
H.
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.
I.
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.
A.
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.
B.
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.