Pursuant to the provisions of § 806 of the General
Municipal Law, the Village Board of the Village of Warsaw 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 chapter to promulgate
these rules of ethical conduct for the officers and employees of the
Village of Warsaw. These rules shall serve as a guide for the official
conduct of the officers and employees of the Village of Warsaw. 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 and interest in contracts of municipal officers
and employees.
For the purpose of this Code of Ethics, the terms used herein
are defined as follows:
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 Village of Warsaw, 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 fireman
or civil defense volunteer, except a chief engineer or assistant chief
engineer.
Every officer or employee of the Village of Warsaw 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 this municipality, whereby his 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. Disclosure of interest in legislation. To the extent that he knows
thereof, a member of the Village Board and any officer or employee
of the Village of Warsaw, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Village Board on
any legislation before the Village Board 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 this municipality, appear before any board or agency
of the Village of Warsaw 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 Village of Warsaw 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 Clerk of this Board shall cause a copy of this Code of Ethics
to be distributed to every officer and employee of the Village of
Warsaw within 20 days after the effective date of this Code of Ethics.
Each officer and employee elected or appointed thereafter shall be
furnished a copy before entering upon the duties of his office or
employment.
The Clerk of this Board shall cause to be kept and posted on
the bulletin board in the Village Clerk's office a certified
copy of this chapter and 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 code may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.