The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. A municipal
officer or employee shall be deemed to have an interest in the contract
of any of the following:
The employee's spouse, minor children and dependents except
a contract of employment with the municipality which the officer or
employee serves.
A firm, partnership or association of which the officer or employee
is a member or employee.
A corporation of which the officer or employee is an officer,
director or employee.
A corporation, any stock of which is owned or controlled directly
or indirectly by the officer or employee.
An officer or employee of the City, whether paid or unpaid,
including a member of any administrative board, commission or other
agency of the City. 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.
[Code 1964, § 9-76]
Pursuant to the provisions of Section 806 of the General Municipal
Law, the Common Council 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 unit of local government. It is the purpose
of this division to promulgate these rules of ethical conduct which
shall serve as a guide for official conduct of the officers and employees.
The rules of ethical conduct of this division, as adopted, shall not
conflict with but shall be in addition to any prohibition of Article
18 [§ 800 et seq.] 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.
[Code 1964, § 9-80]
The Mayor shall distribute a copy of this Code of Ethics to
every officer and employee within 15 days after December 2, 1970.
Each officer and employee elected or appointed thereafter shall be
furnished a copy before entering upon the duties of office or employment.
[Code 1964, § 9-81]
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 division may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.
[Code 1964, § 9-78(a)]
No person who is an 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 circumstances
in which it could reasonably be inferred that the gift was intended
to influence the person or could reasonably be expected to influence
the person in the performance of the person's official duties or was
intended as a reward for any official action on the person's part.
[Code 1964, § 9-78(b)]
No officer or employee shall, directly or indirectly, compel
subscription or contribution to any political party or for any political
purpose.
[Code 1964, § 9-78(c)]
No officer or employee, whether paid or unpaid, shall disclose
confidential information concerning the property, government or affairs
of the City or any other confidential information of an official character
except when permitted or required by law, nor shall the officer or
employee use such information to advance personal financial or other
private interests or the financial or other interests of others.
[Code 1964, § 9-78(d)]
No person who is an officer or employee shall 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 the person is an officer, member or employee or of any municipal
agency over which the person has jurisdiction or to which the person
has the power to appoint any member, officer or employee.
[Code 1964, § 9-78(e)]
No person who is an officer or employee, whether paid or unpaid,
who has a direct or indirect financial or other private interest in
any matter being considered by the Common Council or by any other
official board, agency, officer or employee and who participates in
discussions before or gives opinion to such board, agency, or individual
shall publicly disclose on the official record the nature and extent
of such interest. Any person who is an officer or employee, whether
paid or unpaid, who has knowledge of any matter being considered by
any board, agency, officer or employee in which the person has any
direct or indirect financial or other private interest shall be required
to disclose in writing the person's interest to such board, agency,
officer or employee and the nature and extent of the interest. A copy
of every disclosure required in this section including a copy of every
transcript containing such a disclosure shall be promptly transmitted
by the board, agency, officer or employee receiving such disclosure
to the City Clerk who shall file and maintain the disclosure as a
public record.
[Code 1964, § 9-78(f)]
No officer or employee shall invest or hold any investment directly
or indirectly in any financial, business, commercial or other private
transaction which will impair the independence of judgment in the
exercise of the official duties of the officer or employee or will
interfere in any manner whatsoever with the discharge of official
duties.
[Code 1964, § 9-78(g)]
No elected official or other officer or employee or board member,
whether paid or unpaid, shall engage in or accept private employment
or render services for private interests when the employment or service
is incompatible with the proper discharge of official duties.
[Code 1964, § 9-78(h)]
No person who is an officer or employee shall, after termination
of service or employment with the City, appear before any board or
agency of the City in relation to any case, proceeding or application
in which the officer or employee personally participated during the
period of service or employment or which was under the person's active
consideration.
[Code 1964, § 9-79]
Nothing in this division 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 or any agency
of the City on behalf of the officer or employee or any family member
arising from any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
