[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.
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:
A.
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]
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, 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.
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 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.
E.
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.
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 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.[1]
[1]
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[1]]
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.
[1]
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.[1]
[1]
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.
