Pursuant to the provisions of § 806
of the General Municipal Law, the Village Board of Trustees of the
Village of Hamilton 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 Village of Hamilton. These rules shall
serve as a guide for official conduct of the officers and employees
of the Village of Hamilton. The rules of ethical conduct of this resolution,
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.
As used in this chapter, the following terms
shall have the meanings indicated:
INTEREST
A pecuniary or material benefit accruing to a municipal officer
or employee unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Hamilton, 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 Village of
Hamilton 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, 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 or could reasonably be expected to influence him
in the performance of his official duties or was intended as a reward
for any official action on his part.
[Amended 1-14-1992 by L.L. No. 1-1992]
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 Village Board and any officer
or employee of the Village of Hamilton, whether paid or unpaid, who
participates in the discussion of or gives official opinion to the
Village Board on any legislation before the Village 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 legislation.
F. Investments in conflict with official duties. He shall
not invest or hold any investments 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 Village of Hamilton 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 Village of Hamilton
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 Mayor of the Village of Hamilton shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the Village within 30 days after the effective date of
this chapter. Each officer and employee elected or appointed thereafter
shall be furnished a copy before entering upon the duties of his office
or employment.
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.