[HISTORY: Adopted by the Town Board of the Town of Canandaigua 10-19-1970 by L.L. No.
1-1970 (Ch. 13 of the 1977 Code); amended in its
entirety 12-16-2008 by L.L. No. 4-2008. Subsequent amendments noted where
applicable.]
It is the purpose of this chapter to promulgate these rules
of ethical conduct to serve as a guide for the official conduct of
municipal officers and employees of the Town of Canandaigua. 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, conflicts of interest and any prohibited interest in contracts
of municipal officers and employees.
Every municipal officer or employee of the Town shall be subject
to and abide by the following standards of conduct:
A.
General
rule with respect to conflicts of interest. No municipal officer or
employee should have any interest, financial or otherwise, direct
or indirect, or engage in any business or transaction or professional
activity or incur any obligation of any nature or take any action
which is in substantial conflict with the proper discharge of his
or her duties in the public interest.
B.
Confidential
information. No municipal officer or employee shall 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
even after leaving Town service.
C.
Prohibition
against employment that requires disclosure of confidential information.
No municipal officer or employee should accept employment or engage
in any business or professional activity which will require the disclosure
of confidential information gained by reason of his or her official
position or authority.
D.
Prohibition
against employment that impairs independence. No municipal officer
or employee should accept other employment which will impair his or
her independence of judgment in the exercise of his or her official
duties.
E.
Appearance
or representation before a Town board, court, agency or entity. No
municipal officer or employee shall appear on behalf of, or represent
or otherwise receive any compensation for services on behalf of, any
third party regarding any matter before any Town board, court or agency
of which he or she is an officer, member or employee or for which
he or she is employed to give professional advice 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.
F.
Prohibited
outside positions. A municipal officer or employee shall not be a
paid attorney, agent, broker, employee, officer, director, trustee
or consultant for any person or entity that is doing business with
or that is seeking to do business with the Town or that is seeking
a license, permit, grant or benefit from the Town.
G.
Future
employment. A municipal officer or employee shall not for a period
of one year after the termination of service or employment with the
Town appear before any board, court, agency or entity of the Town
in relation to any case, proceeding or application that he or she
personally discussed and/or upon which he or she deliberated and/or
voted in his or her official capacity during the period of his or
her service or employment by the Town or which was at any time during
his or her period of service for the Town under his or her active
consideration.
H.
Prohibition against undue influence. A municipal officer or employee
should not by his or her conduct give reasonable basis for the impression
that any person can improperly influence him or her or unduly enjoy
his or her favor in the performance of his or her official duties
or that he or she is affected by the kinship, rank, position or influence
of any party or person.
I.
Prohibition against use of official position to secure unwarranted
privileges. No municipal officer or employee should use or attempt
to use his or her official position to secure unwarranted privileges
or exemptions for himself/herself or others.
J.
Prohibition against transactions between the Town and an entity in
which a financial interest exists. No municipal officer or employee
should engage in any transaction as a representative or agent of the
Town with any business entity in which he or she has a direct or indirect
financial interest that might reasonably tend to conflict with the
proper discharge of his or her official duties.
K.
Prohibition against personal investments. A municipal officer or
employee should abstain from making personal investments in enterprises
which he or she has reason to believe may be directly involved in
decisions to be made by him or her or which will otherwise create
substantial conflict between his or her duty in the public interest
and his or her private interest.
L.
Prohibited conflicts of interest. Except as otherwise permitted by
New York State General Municipal Law § 802, a municipal
officer or employee shall not engage in any activity that may be construed
as a conflict of interest under §§ 800 through 802
of the New York State General Municipal Law, including but not limited
to owning more than 5% of any business or entity under contract with
the Town or otherwise having a prohibited interest in any contract
with the Town. A municipal officer or employee shall disclose to the
Town the existence of any such interest in any contract with the Town
as required by and in the manner set forth in § 803 of the
New York General Municipal Law.
M.
Lawyers and experts. A municipal officer or employee shall not act
as a lawyer or expert against the Town's interests in any legal
action or proceeding.
N.
Gifts. No municipal officer or employee shall directly or indirectly
solicit any gift 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 under any 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.
O.
Recusal. A municipal officer or employee shall promptly recuse himself
or herself from acting on a matter before the Town when acting on
the matter or when failing to act on the matter may financially benefit
any of the following persons:
(1)
The
municipal officer or employee;
(2)
His
or her outside employer or business;
(3)
A member
of his or her household;
(4)
His
or her customer or client;
(5)
A relative;
(6)
A person
or entity with whom the municipal officer or employee has had a financial
relationship with within the past 12 months;
(7)
Any
person or entity from which the municipal officer or employee has
received a gift or any goods or services for less than fair market
value during the previous 12 months; or
(8)
A person
from whom the municipal officer or employee has received election
campaign contributions of more than $100 in the previous 12 months.
P.
Misuse of municipal resources. A municipal officer or employee shall
not use Town letterhead, personnel, equipment, supplies or resources
for a nongovernmental purpose nor engage in personal or private activities
during times when he or she is required to work for the Town.
Q.
Political solicitation. A municipal officer or employee shall not:
(1)
Knowingly
request or knowingly authorize anyone else to request any subordinate
of such officer or employee to participate in an election campaign
or contribute to an election campaign;
(2)
Use
his or her Town position to make threats or promises for the purpose
of inducing anyone to undertake any political activity or to make
a political contribution;
(3)
Ask
any person or entity that currently does business with the Town or
that intends to do business with the Town or that has done business
with the Town within the previous twelve-month period, or that is
seeking a license, permit, grant or benefit from the Town to make
any political contribution or engage in any political activity.
R.
Political activity. A municipal officer or employee holding the following
positions shall not directly or indirectly ask another municipal officer
or employee to contribute to the political campaign of any municipal
officer or employee running for an elective office:
(1)
Town
Supervisor;
(2)
Town
Assessor;
(3)
Town
Attorney or any Attorney for the Town;
(4)
Special
Counsel;
(5)
Town
Engineer;
(6)
Any
Town Board, Planning Board or Zoning Board of Appeals member; and
(7)
Any
independent contractor providing paid services to the Town pursuant
to a written agreement for a period of at least one year.
S.
Improper inducement. No person or entity, whether or not a municipal
officer or employee shall induce or attempt to induce a municipal
officer or employee to violate any provision of this Code of Ethics.
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 or any agency thereof
on behalf of himself 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.
The Supervisor of the Town of Canandaigua shall cause a copy
of this Code of Ethics to be distributed to every municipal officer
and employee of the Town of Canandaigua within 30 days after the effective
date of this chapter. Each municipal officer and employee elected
or appointed thereafter shall be furnished a copy by the Supervisor
before entering upon the duties of his or her office or employment.
The failure of the Supervisor to distribute copies of this Code of
Ethics shall have no effect on the duty of compliance by municipal
officers and employees of the Town of Canandaigua with this Code of
Ethics.
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 chapter may be sanctioned, fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
Ontario County Board of Ethics is hereby established as the
local Board of Ethics for the Town for the issuance of advisory ethics
opinions on the written request of a municipal officer or employee
of the Town of Canandaigua in accordance with the rules and regulations
prescribed by the Ontario County Board of Ethics and as required by
§ 808 of the New York General Municipal Law.
