[HISTORY: Adopted by the Town Board of the Town of Owego as indicated
in article histories. Amendments noted where applicable.]
[Adopted 10-20-1970 by resolution]
Pursuant to the provisions of § 806 of the General Municipal
Law, the following Code of Ethics to apply to all officers and employees of
the Town of Owego, Tioga County, New York, hereinafter called the "municipality,"
is hereby adopted.
As used in this article, the following terms shall have the meanings
indicated:
A 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, unless the context otherwise requires.
An officer or employee of the municipality, 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 chief engineer or assistant chief engineer.
Every officer or employee of the municipality shall be subject to and
abide by the following standards of conduct:
A.
Gifts. He/she will not, directly or indirectly, solicit
any gift or accept or receive any gift having value equal to or greater than
the dollar amount listed in § 805-a, Subdivision 1, of the General
Municipal Law, whether in the form of money, services, 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/her
in the performance of official duties, or was intended as a reward for any
official action on his or her part.
[Amended 2-3-1998 by L.L. No. 1-1998]
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. To the extent
that he knows thereof, a member of the governing body and any officer or employee
of the municipality, whether paid or unpaid, who participates in the discussion
or gives official opinion to the governing body on any legislation before
it 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
legislation.
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 the municipality, appear before any board or
agency of the municipality 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 municipality 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.
A.
The chief executive officer of the municipality shall
cause a copy of this Code of Ethics to be distributed to every officer and
employee of the municipality within 30 days after the effective date of this
article.[1] Each officer and employee elected or appointed thereafter shall
be furnished with a copy before entering upon the duties of his office or
employment.
[1]
Editor's Note: The resolution appearing in this article provided that
it take effect 30 days after adoption.
B.
Failure to distribute or receive a copy of this code
shall have no effect on its enforcement.
[Added 2-3-1981]
The rules of ethical conduct provided by this article shall not conflict
with, but shall be in addition to, any provision of Article 18 of the General
Municipal Law or of any other general or special law relating to ethical conduct
and interest in contracts of municipal officers and employees.
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.
[Adopted 8-3-1976 by resolution]
Pursuant to the provisions of § 808 of the General Municipal
Law, a Board of Ethics to act with respect to all officers and employees of
the Town of Owego is hereby created.
There is hereby established a Board of Ethics, consisting of five members
to be appointed by the Town Board, all of whom shall reside in the Town of
Owego and who shall serve without compensation and at the pleasure of the
Town Board of the Town of Owego. A majority of such members shall not be officers
or employees of the Town, but such Board shall include at least one member
who is an appointed officer or employee of the Town of Owego.
The Board of Ethics established hereunder shall render advisory opinions
pursuant to the written requests of Town officers or employees under such
rules and regulations as the Board may prescribe and, upon the request of
the Town Board, make recommendations to such Town Board with respect to amendments
to the Code of Ethics. The opinions of the Board of Ethics shall be advisory,
and in no event shall the identity of the Town officer or employee be disclosed.
Such opinions shall be on the advice of counsel employed by the Board of Ethics
or, if none, of the Town Attorney.
Such Board of Ethics, upon its formation, shall promulgate its own rules
and regulations as to its form and procedures and shall maintain appropriate
records of its opinions and proceedings. Said opinions shall be compiled and
be available for public inspection.
The Town Board may appropriate money from the general Town funds for
the maintenance of and for personnel services to the Board of Ethics established
hereunder, but such Board of Ethics may not commit the expenditures of Town
moneys except within the appropriations provided herein.
Within 30 days after the establishment of such Board, the Town Clerk
shall file a statement with the State Comptroller that the Town of Owego has
created such Board and the Board's composition.
