[Adopted 12-15-1970 by L.L. No. 1-1970; amended in its entirety 9-13-2010 by L.L. No. 3-2010]
Pursuant to the provisions of § 806 of the General
Municipal Law of the State of New York, the Town Board of the Town
of Naples, Ontario County, New York, 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 Town unit of local government.
It is the purpose of this article to promulgate rules of ethical conduct
for municipal employees and officers of the Town of Naples, Ontario
County, New York.
As used in this article, the following terms shall have the
meanings indicated:
BOARD
The governing board of a municipality and any municipal administrative
board (e.g., planning board, zoning board of appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
CODE
This Code of Ethics.
INTEREST
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he or she, his
or her spouse, or a member of his or her household is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
MUNICIPALITY
The Town of Naples. The word "municipal" refers to the municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Town of Naples,
including, but not limited to, the members of any municipal board.
RELATIVE
A spouse, parent, step-parent, sibling, step-sibling, sibling's
spouse, child, step-child, uncle, aunt, nephew, niece, first cousin,
or household member of a municipal officer or employee, and individuals
having any of these relationships to the spouse or household member
of the officer or employee.
This Code of Ethics applies to the officers and employees of
the Town of Naples, and shall supersede any prior municipal code of
ethics. The provisions of this Code of Ethics shall apply in addition
to all applicable state and local laws relating to conflicts of interest
and ethics including, but not limited to, Article 18 of the General
Municipal Law and all rules, regulations, policies and procedures
of the Town of Naples.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any private organization
in which he or she is deemed to have an interest.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A. Can be reasonably expected to require more than sporadic recusal and abstention pursuant to §
21-5.1 of this code;
B. Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C. Violates § 805-a(1)(c) or (d) of the General Municipal
Law; or
D. Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A. Representing himself or herself, or his or her spouse or minor children
before the municipality; or
B. Asserting a claim against the municipality on his or her own behalf,
or on behalf of his or her spouse or minor children.
Except as otherwise required by law, no municipal officer or
employee, either individually or as a member of a board, may participate
in any decision specifically to appoint, hire, promote, discipline
or discharge a relative for any position at, for or within the municipality
or a municipal board.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.