[HISTORY: Adopted by the Town Board of the Town of Phelps 9-13-1993. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of Phelps, Ontario County, New York, 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 the unit of local government. It is the purpose of this Article to promulgate these rules of ethical conduct for the officers and employees of the Town of Phelps. These rules shall serve as a guide for official conduct of the officers and employees of the Town of Phelps. The rules of ethical conduct of this Article, 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 interests in contracts of municipal officers and employees.
Whenever the words "he/she," "him/her" or "his" are used in this chapter, such words shall include both genders.
As used in this Article, the following terms shall have the meanings indicated:
- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as a result of a contract with the municipality which such officer or employees serves.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Town of Phelps, 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.
Every officer or employee of the Town of Phelps shall be subject to and abide by the following standards of conduct:
Gifts. He/she shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of $25 or more, 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 or could reasonably be expected to influence him/her in the performance of his official duties or was intended as a reward for any official action on his part.
Confidential information. He/she shall not disclose confidential information acquired by him/her in the course of his official duties or use such information to further his personal interest.
Representation before one's own agency. He/she 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/she is an officer, member or employee or of any municipal agency over which he/she has jurisdiction or to which he/she has the power to appoint any member, officer or employee.
Representation before any agency for a contingent fee. He/she 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.
Disclosure of interest in legislation. To the extent that he/she knows thereof, a member of the Town Board or any officer or employee of the Town of Phelps, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board on any legislation before the Town Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he/she has in such legislation.
Investments in conflict with official duties. He/she 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.
Future employment. He/she shall not, after the termination of services or employment with such municipality, appear before any board or agency of the Town of Phelps in relation to any case, proceeding or application in which he/she 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 Phelps 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.
The Supervisor of the Town of Phelps shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the town within 10 days after the effective date of this Article. Each officer and employee elected or appointed 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 have 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.
There is hereby established a Board of Ethics consisting of five members to be appointed by the Town Board and who shall serve without compensation and at the pleasure of the Town Board. A majority of such members shall be persons other than officers or employees of the Town of Phelps, but shall include at least one member who is an elected or appointed officer or employee of the Town of Phelps.
The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the Town of Phelps with respect to Article 18 of the General Municipal Law and any Code of Ethics adopted pursuant to such Article under such rules and regulations as the Board may prescribe. In addition, the Board may make recommendations with respect to the drafting and adoption of a Code of Ethics or amendments thereto upon request of the Town Board.