[HISTORY: Adopted by the Town Board of the Town of South Bristol 12-28-1970 by L.L. No. 1-1970. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law of the State of New York, the Town Board of the Town of South Bristol, 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 town unit of local government. It is the purpose of this chapter to promulgate rules of ethical conduct for municipal employees and officers of the Town of South Bristol, Ontario County, New York, to serve as a guide for the official conduct of the municipal officers and employees of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- A pecuniary or material benefit accruing to a municipal officer or employee, unless the context otherwise requires. "Interest" shall also include a pecuniary or material benefit accruing to the spouse, minor children and dependents of a municipal employee or officer; a firm, partnership or association of which a municipal officer or employee is a member or employee; a corporation of which a municipal officer or employee is a director, officer or employee; and a corporation any stock of which is accrued to or controlled directly or indirectly by such municipal officer or employee.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Town of South Bristol, Ontario County, New York, 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 municipal officer or employee of the Town of South Bristol, Ontario County, New York shall be subject to and abide by the following standards of conduct:
Gifts. He shall not directly or indirectly solicit any gift or accept or receive any gift having a value of seventy-five dollars ($75.) or more, whether in the form of money, services, loan, travel, entertainment or hospitality, thing or promise or other form, under circumstances in which it could reasonably be expected to influence him in the performance of his official duties or intended as a reward for any official action on his part.
[Amended 10-10-1994 by L.L. No. 1-1994]
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.
Representation before one's own agency. He shall not receive or enter into any agreement, expressed 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 any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
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 reaction 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 services rendered.
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of South Bristol, 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 disclosed on the official record the nature and extent of any direct or indirect financial or private interest he has in such legislation.
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.
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.
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 South Bristol, Ontario County, New York, 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 South Bristol or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or any lawful benefit authorized or permitted by law.
[Amended 10-10-1994 by L.L. No. 1-1994]
The Supervisor of the Town of South Bristol shall cause a copy of this Code of Ethics to be distributed to every officer or employee of the Town of South Bristol within ten (10) days after the effective date of this chapter. Each officer or employee elected, appointed or hired after the effective date of this chapter shall be furnished a copy before entering upon his duties. 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 or the enforcement provisions thereof.
Editor's Note: Original Section 6, which immediately followed this section, regarding penalties, was deleted 10-10-1994 by L.L. No. 1-1994.
[Added 1-14-2013 by L.L. No. 3-2013]
The Ontario County Board of Ethics shall render advisory opinions to officers and employees of the Town of South Bristol in accordance with the Code of Ethics herein and with respect to Article 18 of the New York State General Municipal Law, as amended. Such advisory opinions shall be rendered pursuant to the written request of an officer or employee of the Town under such rules and regulations as the Ontario County Board of Ethics may prescribe and shall have the advise of counsel employed by the Ontario County Board of Ethics, of if none, the County Attorney.
Editor's Note: This local law also repealed former § 19-6, Board of Ethics created; membership; terms, added 4-8-1991 by L.L. No. 1-1991, as amended, and former § 19-7, Powers and duties of Board of Ethics. This local law also provided for the renumbering of former §§ 19-8 through 19-10 as §§ 19-7 through 19-9, respectively.
All proceedings of the Board of Ethics shall be confidential, subject to the provisions of the Open Meetings Law.
Editor's Note: See § 100 et seq. of the Public Officers Law.
The Town Board, on its own motion or upon recommendation of the Board of Ethics, may require any municipal officer or employee to appear before it, be sworn and be examined and heard with respect to any alleged violation of Article 18 of the General Municipal Law and/or this Code of Ethics. The municipal officer or employee appearing before the Town Board shall have the right to be represented by counsel. A written report shall be filed with the Town Clerk within 60 days after the completion of the hearing.
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 of Ethics and any provision of Article 18 of the General Municipal Law may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.