Town of Colden, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Colden 8-31-1970 by resolution. Amendments noted where applicable.]
The purpose of this chapter is to promulgate these rules of ethical conduct for the officers and employees of the Town of Colden, and these rules shall serve as a guide for official conduct of the officers and employees of the Town of Colden.
The rules of ethical conduct as established in this chapter 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 Town of Colden, whether paid or unpaid, including members of any administrative board, commission, committee 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 Town of Colden 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 $25 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.
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 paragraph 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 Town Board and any officer or employee of the Town of Colden, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board or any other official board or agency on any legislation before the Town Board or any other official board or agency 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 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 Colden 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 Colden, 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 Supervisor of the Town of Colden shall cause a copy of this Code of Ethics to be distributed to every officer or employee of the Town of Colden within 30 days after the date of the adoption of this chapter, and each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment.
Any violation of the provisions of this Code of Ethics shall constitute cause for suspension or removal from office or employment or such other disciplinary action as the Town Board may consider advisable, after a hearing, in the manner provided by law; or any contract knowingly entered into by and with the Town of Colden or any agency thereof in which there is an interest prohibited by the Code of Ethics shall be null, void and wholly unenforceable, but nothing contained in this Code of Ethics shall limit any other applicable laws or ordinances which are now or may hereafter be provided. No action, expressly or impliedly permitted under Article 18 of the General Municipal Law shall constitute a violation of this code.
This code may be amended from time to time by the Town Board by the adoption of a resolution of further rules and standards designed to improve the administration of the town and protect the public, or by supplementing the coverage of this code, to the extent permitted by law; and if any portion of this code shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such portion thereof shall be deemed inoperative and the balance of said code shall be deemed to be in full force and effect.
The Town Clerk of the Town of Colden shall cause a certified copy of this chapter, within 30 days after the adoption of this chapter, to be filed in the office of the Comptroller of the State of New York, Department of Audit and Control, Albany, New York as well as in the office of the Secretary of State, Albany, New York.