This chapter shall be known and may be cited
as the "Code of Ethics of the Village of Waterloo, New York."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Waterloo 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 Waterloo. These rules shall
dictate the official conduct for all officers and employees of the
Village of Waterloo. The rules of ethical conduct of this chapter
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.
For the purposes of this chapter, unless the
context or subject matter otherwise requires, the following terms
shall have the following meanings:
INTEREST[Amended 7-12-1999 by L.L. No. 3-1999]
A direct or indirect pecuniary or material benefit accruing
to an officer or employee as the result of a contract with the Village.
For the purposes of this chapter, a municipal officer or employee
shall be deemed to have an interest in the contract of:
A.
His or her spouse, minor children and dependents,
except a contract of employment with the Village.
B.
A firm, partnership or association of which
the officer or employee is a member or employee.
C.
A corporation of which such officer or employee
is an officer, director or employee.
D.
A corporation, any stock of which is owned or
controlled directly or indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Waterloo, 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 firefighter
or civil defense volunteer, except a Fire Chief or Assistant Fire
Chief.
[Amended 7-12-1999 by L.L. No. 3-1999]
Every municipal officer or employee of the Village
of Waterloo shall be subject to and abide by the following standards
of conduct:
A. Gifts. He or she shall not directly or indirectly
solicit 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 her or could reasonably be expected to influence him or her in
the performance of his or her official duties or was intended as a
reward for any official action on his or her part.
[Amended 7-12-1999 by L.L. No. 3-1999]
B. Confidential information. He or she shall not disclose
confidential information acquired by him or her in the course of his
or her official duties or use such information to further his or her
personal interest.
C. Representation before one's own agency. He or 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 or she is an officer, member
or employee or of any municipal agency over which he or she has jurisdiction
or to which he or she has the power to appoint any member, officer
or employee.
D. Representation before any agency for a contingent
fee. He or 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 or her municipality whereby
his or her 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 or she knows thereof, a member of the Board of Trustees and
any officer or employee of the Village of Waterloo, whether paid or
unpaid, who participates in the discussion or gives official opinion
to the Board of Trustees on any legislation before the Board of Trustees
shall publicly disclose on the official record the nature and extent
of any direct or indirect financial or other private interest he or
she has in such legislation.
F. Investments in conflict with official duties. He or
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 or her official duties.
G. Private employment. He or she 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 or
her official duties.
H. Future employment. He or she shall not, after the
termination of service or employment with such municipality, appear
before any board or agency of the Village of Waterloo in relation
to any case, proceeding or application in which he or she personally
participated during the period of his or her service or employment
or which was under his or her 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 Waterloo,
or any agency thereof, on behalf of himself or herself or any member
of his or her family arising out of any personal injury or property
damage or for any lawful benefit authorized or permitted by law.
[Amended 7-12-1999 by L.L. No. 3-1999]
The Mayor of the Village of Waterloo 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 or
her 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 and shall have no effect
on 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.