Pursuant to the provisions of § 806 of the General
Municipal Law, the Common Council of the City of Cortland 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 article to promulgate
these rules of ethical conduct for the officers and employees of the
City of Cortland. These rules shall serve as a guide for official
conduct of the officers and employees of the City of Cortland. 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 interest in contracts of municipal officers
and employees.
As used in this article, the following words shall have the
meanings indicated:
The term "interest" means a direct or indirect pecuniary
or material benefit accruing to a municipal officer or employee; their
spouse, minor children or dependents; a firm, partnership or association
of which such officer or employee is a member or employee; a corporation
of which such officer or employee is an officer, director or employee;
and a corporation, any stock of which is accrued or controlled directly
or indirectly by such officer or employee; unless the context otherwise
requires.
[Amended 4-2-2002 by L.L. No. 1-2002]
The term "Municipal officer or employee" means an officer
or employee of the City of Cortland, 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.
Every officer or employee of the City of Cortland shall be subject
to and abide by the following standards of conduct:
A.
They shall not, directly or indirectly, solicit any gifts, 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, from any person, firm or corporation
which to their knowledge is interested, directly or indirectly, in
any manner whatsoever in business dealings with the City, nor shall
they accept any such gift under circumstances in which it could reasonably
be inferred that the gift was intended to influence them, or could
reasonably be expected to influence them, in the performance of their
official duties or was intended as a reward for any official action
on their part.
[Amended 4-2-2002 by L.L. No. 1-2002]
B.
They shall not disclose confidential information acquired by them
in the course of their official duties or use such information to
further their personal interest.
C.
They 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 they are an officer, member or
employee or of any municipal agency over which they have jurisdiction
or to which they have the power to appoint any officer, member or
employee.
D.
They shall not receive or enter into any agreement, express or implied,
for compensation for services to be rendered in any relation to any
matter before any agency of their municipality, whereby their 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.
To the extent that they know thereof, a member of the Common Council
and any officer or employee of the City of Cortland, whether paid
or unpaid, who participates in the discussion or gives official opinion
to the Common Council on any legislation before the Common Council,
or who has an interest in any action of the legislative body, or who
participates in the discussion or gives official opinion of any official
board, agency, officer or employee on any matters being considered
by any such official board, agency, officer or employee, shall publicly
disclose on the official record the nature and extent of any direct
or indirect financial or other private interest they have in such
legislation or in any action of the legislative body or shall publicly
disclose on the official record the nature and extent of any direct
or indirect financial or other private interest they have in such
matters being considered by any official board, agency, officer or
employee, as the case may be.
F.
They shall not invest or hold any investment, directly or indirectly,
in any financial business, commercial or other private transaction,
which creates a conflict with their official duties.
G.
They 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 their official duties.
H.
They shall not, after the termination of service or employment with
such municipality, appear before any board or agency of the City of
Cortland in relation to any case, proceeding or application in which
they personally participated during the period of their service or
employment or which was under their active consideration.
I.
No officer or employee shall request or permit the use of City-owned
vehicles, equipment, materials or property for personal convenience
or profit of themself or any other person; except, however, when such
property, vehicles, equipment, material or services are available
to the public generally or which are provided as a matter of City
policy for the use of officers or employees in the conduct of their
official business.
J.
No appointed officer or employee shall orally, by letter or otherwise,
solicit or be in any manner concerned in soliciting any assessment,
subscription or contribution to any political party or candidate from
any City employee or officer, nor shall be be a party to such solicitation
of others.
K.
It is unlawful for City employees in uniform to solicit any person
to vote at any political caucus, primary or election for any candidate
or to challenge any voter, or in any manner to attempt to influence
any voter at any political caucus, primary or at any election.
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 City of Cortland, or any
agency thereof, on behalf of themself or any member of their family
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
There shall be an Ethics Board of five members appointed by
the Mayor with confirmation by the Council to serve three-year terms.
Two members of the Board shall be officers of the City, and three
shall be neither officers nor employees of the City. It shall be the
duty of the Ethics Board to review all instances of possible violation
of the Code of Ethics and, upon a majority vote of the whole, to make
a written report of its review and recommendations to the Mayor and
Common Council. The Board shall at its first meeting each year elect
a Chair. It shall meet at the request of any two members, the Chair,
the Mayor or the Common Council.
The Mayor of the City of Cortland shall cause a copy of this
Code of Ethics to be distributed to every officer and employee of
the City within 14 days after the effective date of this Charter.
Each officer and employee elected or appointed thereafter shall be
furnished a copy before entering upon the duties of their 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. Any such violator of any of the provisions of this article
shall be guilty of a violation and may be punished by a fine not exceeding
$100; if such violator is suspended or removed from office or employment,
the fine shall not be invoked.
