Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Binghamton
recognizes that there are rules of ethical conduct for public officers
and employees which must be observed if a high degree of moral conduct
is to be obtained and if public confidence is to be maintained in
our unit of local government. It is the purpose of this chapter to
promulgate these rules of ethical conduct for the officers and employees
of the Town of Binghamton. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Binghamton.
The rules of ethical conduct of this chapter, as adopted, shall not
conflict with, but shall be in addition to, any prohibition of Article
18 of the General Municipal Law or any other general or special law
relating to ethical conduct and interest in contracts of municipal
officers and employees.
[Amended 4-15-2003 by L.L. No. 1-2003]
As used in this chapter, the following terms
shall have the meanings indicated:
CONTRACT
Any claim, account or demand against or agreement with the
Town of Binghamton, express or implied, and shall include the designation
of a depository of public funds and the designation of a newspaper,
including but not limited to an official newspaper, for the publication
of any notice, resolution, ordinance, or other proceeding where such
publication is required or authorized by law.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter a municipal officer or employee shall be deemed to
have an interest in the contract of his spouse, minor children and
dependents, except a contract of employment with the municipality
which such officer or employee serves; a firm, partnership or association
of which such officer or employee is a member or employee; a corporation
of which such officer or employee is an officer, director or employee;
and a corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Binghamton, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof. 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.
Every officer or employee of the Town of Binghamton
shall be subject to and abide by the following standards of conduct:
A. Gifts. He shall not directly or indirectly solicit
any gift or accept or receive any gift having a value of $75 or more,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise or any other form, under circumstances
in which it could reasonably be inferred that the gift was intended
to influence him or could reasonably be expected to influence him
in the performance of his official duties or that it was intended
as a reward for any official action on his part.
[Amended 4-15-2003 by L.L. No. 1-2003]
B. Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest.
C. Representation before one's own agency. He shall not
receive or enter into any agreement, express or implied, for compensation
for services to be rendered in relation to any matter before any municipal
agency of which he is an officer, member or employee or of any municipal
agency over which he has jurisdiction or to which he has the power
to appoint any member, officer or employee.
D. Representation before any agency for a contingent
fee. He shall not receive or enter into any agreement, express or
implied, for compensation for services to be rendered in relation
to any matter before any agency of his municipality, whereby his compensation
is to be dependent or contingent upon any action by such agency with
respect to such matter, provided that this subsection shall not prohibit
the fixing at any time of fees based upon the reasonable value of
the services rendered.
E. Disclosure of interest in legislation.
[Amended 9-22-1977; 4-15-2003 by L.L. No. 1-2003]
(1) Any Town officer or employee, whether paid or unpaid,
who participates in discussion or gives official opinion to the Town
Board, the Town Planning Board or the Zoning Board of Appeals with
regard to any matter under consideration by any such Board shall publicly
disclose on the official record the nature and extent of any direct
or indirect financial or other private interest he has in such matter.
(2) Whether or not a member of the Town Board, Planning
Board or Zoning Board of Appeals participates in the deliberations
of his respective Board, he shall publicly disclose, on the official
records of the Board on which he sits, the nature and the extent of
any financial or private interests he has in any matter which is to
be discussed or decided by said Board.
F. Investments in conflict with official duties. He 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 official duties.
G. Private employment. He shall not 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 official duties.
H. Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Town of Binghamton in relation to any case,
proceeding or application in which he personally participated during
the period of his service or employment or which was under his active
consideration.
Nothing herein shall be deemed to bar or prevent
the timely filing by a present or former municipal officer or employee
of any claim, account, demand or suit against the Town of Binghamton
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.
[Amended 4-15-2003 by L.L. No. 1-2003]
The Supervisor of the Town of Binghamton shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Town of Binghamton within 10 days after the effective
date of this chapter. Each officer and employee elected or appoint
thereafter shall be furnished a copy before entering upon the duties
of his office or employment. Failure to distribute any such copy or
failure of any officer or employee to receive such copy shall no effect
on the duty of compliance with such code, nor the enforcement of provisions
thereof.
In addition to any penalty contained in any
other provision of law, any person who shall knowingly and intentionally
violate any of the provisions of this code may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.