[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.
A.
Whenever the words "he/she," "him/her" or "his" are used
in this chapter, such words shall include both genders.
B.
INTEREST
MUNICIPAL OFFICER OR EMPLOYEE
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
