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:
CONTRACT
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.
INTEREST
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.
MUNICIPAL 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.
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.
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.