[HISTORY: Adopted by the Board of Trustees
of the Village of Montour Falls 11-17-2008[1]. Amendments noted where applicable.]
[1]
Editor's Note: This resolution also superseded
former Ch. 14, Ethics, Code of, adopted 9-14-1970, as amended.
A.
Purpose and intent.
(1)
To establish high ethical standards for the guidance
of office holders and employees of the Village.
(2)
To assist such officials and employees to follow proper
courses of conduct and action and contemplated actions by setting
forth standards of conduct reasonably expected of them.
(3)
To assure, inspire and increase public confidence
in the integrity of the officeholders and employees of the Village.
(4)
To inspire in public officials and employees the worth
and value of ethical public service and to protect innocent officials
and employees from unwarranted accusations or assaults on their integrity.
(5)
To implement, supplement and comply with Article 18
of General Municipal Law.
(6)
To supersede prior Village Codes of Ethics.
B.
This chapter should be liberally construed to effectuate
its objectives and purposes.
C.
If any provisions hereof shall be held to be unconstitutional,
invalid, ineffective or inapplicable for any reason, it is intended
that all other provisions shall be separable and fully effective.
A.
CONFLICT OF INTEREST
INTEREST
(1)
(2)
(a)
(b)
(c)
OFFICIALS and EMPLOYEES
VILLAGE
Whenever the following terms shall be employed in
this chapter, they shall mean the following:
Any beneficial interest of an official or employee, direct
or indirect, which conflicts with his/her duty owed to the Village
or which could adversely affect or influence his/her judgment in the
proper discharge of his/her duties and responsibilities due the Village.
Any direct or indirect pecuniary or material
benefit accruing to an official or employee personally as the result
of any agreement, contract, business, commercial or professional transaction
or activity in which the Village is a party or which involves the
Village.
An interest will be implied and an official
or employee shall be deemed to have interest in the affairs of:
His or her spouse, unemancipated children, other
member of his or her household or any other relatives or persons whereby
it can be reasonably inferred or determined that a conflict of interest
does or may exist.
A partnership, company, firm or association
in which an official or employee is a member or has an interest.
A corporation in which an official or employee
is an officer, director or employee or has an ownership interest of
5% or more of the corporation's stock.
Office holders and employees of the Village, elected or appointed,
whether paid or unpaid, who hold positions provided for by the Village,
or who may be members of one or more boards, commissions, committees,
agencies or the like, which now serve or may hereafter be in the service
of the Village. 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.
The Village of Montour Falls and all of its governmental
and administrative departments, boards, commissions or agencies, and
the interests therein of the citizens and residents of the Village.
B.
Incorporated herein by reference are all other "definitions"
set forth in §§ 800 and 810 of Article 18 of General
Municipal Law; and all section numbers of said Article 18.
It is the policy of the Village that all officials
and employees must avoid conflicts or potential conflicts of interest.
Notwithstanding the foregoing:
A.
The provisions of this Code shall apply to officials
and employees of the Village. 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.
B.
Said provisions shall not apply to the Village Court
Judge or Assistant Judges, which are governed by separate provisions
of law for ethical conduct of Judges.
C.
The provisions of this Code shall not apply to the
Municipal Employees Association (MEA) or to any of its officers or
members, provided, however, that they are acting only in respect to
or in connection with MEA meetings, negotiations, or lawful activities.
No official or employee shall:
A.
Participate in the discussion, negotiation or the
awarding of any contract or take any action in any business or professional
dealings with the Village in any matter which such official or employee
has or will have any interest.
B.
Accept or engage in private employment or personal
services for his or her benefit, nor solicit or negotiate for the
same, when such employment will or may create a conflict of interest
or impair the proper discharge of his/her duties, nor act in behalf
of another having a claim or interest adverse to the interests of
the Village.
C.
Solicit or accept, directly or indirectly, any gift,
in any form having a value in excess of that allowed by the statute
of the General Municipal Law in the State of New York, or any other
favor, service, promise or anything under circumstances by which it
could reasonably be inferred that a gift was intended or was received
as a reward to influence one in making any decision or taking any
action on behalf of the Village. Any gift, favor or service accepted
in any form must be reported to the Mayor. Failure to do so, regardless
of the value, may result in disciplinary action, including dismissal,
in accordance with Civil Service Laws and Regulations and any contractual
obligations.
D.
Disclose confidential information acquired in the
course of one's official duties or as such Village official or employee,
or use such information for personal benefit, or in any way adverse
to the interests of the Village, unless otherwise required to do so
by law.
E.
Accept employment or engage in any business or professional
activity which will require disclosure of confidential information
gained by reason of official position or authority.
F.
Use or attempt to use an official position to secure
unwarranted privileges or exemptions personally or for others.
G.
By personal conduct knowingly create the impression
that any person can improperly influence or unduly enjoy favor in
the performance of his/her official duties, or that the employee is
affected by the kinship, rank, position or influence or any party
or position.
H.
Intentionally or knowingly pursue a course of conduct
which is likely to raise reasonable suspicion among the public that
the employee may be or become engaged in acts that are in violation
of trust.
A.
Any official or employee who has, may have, will have
or intends to acquire any personal interest in any matter contemplated
or being considered by the Village, shall publicly disclose the nature
and extent of such interest for the record and in writing before participating
in any discussion, giving any advice, rendering any opinion or taking
any action in any decision affecting the Village.
B.
Any official or employee who is informed of or has
knowledge of any matter being considered by any department or agency
of the Village in which they may not be a participant, but in which
matter they may have or intend to acquire an interest, shall be required
to disclose such interest and the nature and extent thereof in writing
to such Village department or agency.
Any person to whom this Code shall apply who
makes or files any false or fraudulent statements, who fails to make
or file a required statement, who makes any willful misrepresentations
of any kind, or who is otherwise found or determined to be in violation
of any provisions of this Code, may be:
A.
Admonished, cautioned, reprimanded, censured, suspended
or removed from office or employment by the appointing officer or
governing agency or in any manner otherwise ordered or authorized
by the Board of Trustees, in accordance with Civil Service Rules,
Law and Regulations; and/or
B.
Liable in damages for losses to or incurred by the
Village as the result of such violation; and/or
C.
Penalized and required to pay to the Village a sum
equal to three times the sum of any unlawful or improper material
benefit received by one as the result of such a violations; and/or
D.
Fined in an amount not to exceed $10,000; and/or
E.
Subject to any other civil or criminal applicable
fine or penalty imposed by law.
Nothing in this Code of Ethics is intended to
conflict with or to supersede the provisions of any negotiated employees'
contract with the Village, particularly any provisions or procedures
thereof relating to grievances.
Attendance of the members of the Village's Board
of Trustees is generally expected at all meetings of the Board. If
any member of the Board of Trustees shall miss, without reasonable
excuse and advance notice by phone to the Mayor or Village Clerk,
any two (or more) of any four consecutive meetings of the Board at
any point during said Trustee's term, said Trustee shall, at the discretion
of the remaining members of the Board of Trustees, be subject to public
admonishment and/or a pro rata forfeiture in compensation based upon
the number of meetings missed in a particular pay period (for example,
if a Trustee missed three of twelve meetings in a pay period, the
Trustee would be subject to a forfeiture of 25% of said Trustee's
compensation for the period). Either or both of said penalties may
be administered with the affirmative vote of the majority of the remaining
Trustees.
The Mayor shall cause a copy of this Code of
Ethics to be distributed to each official and employee of the Village
to which this Code shall apply.
