[Res. No. 120-90, §§ 1, 2, 3a, 3b, 9-10-1990]
(a)
The following executive officers within the City are authorized and
empowered to approve attendance of City employees under their supervision
and control at conferences, conventions, and schools upon a determination
that attendance will be of benefit to the community:
(1)
City Clerk;
(2)
Auditor;
(3)
Assessor;
(4)
Youth Bureau Director;
(5)
Community Development Director;
(6)
Director of Public Works;
(7)
Head of Parks Department;
(8)
Police Chief;
(9)
Fire Chief.
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Such authorization must be made in writing with a copy of such
approval duly filed with the City Clerk's office prior to attendance.
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(b)
The Mayor is authorized and empowered to approve attendance of City
department heads at conferences, conventions, and schools upon determination
such attendance will be a benefit to the community. Such authorization
must be in writing with a copy of such approval filed with the City
Clerk prior to attendance.
(c)
No claim or expense shall be audited, allowed, or paid unless there
shall be attached thereto a travel order or similar document and voucher
signed by the department head or the Mayor, as the case may be, authorizing
the claimant to attend such conference, convention, or school.
(d)
No conference, convention, or school shall be authorized without
the consent of the Common Council by resolution and the approval of
the Mayor when the proposed expenditure shall exceed the amount approved
for travel, training, and education by such City department in the
budget of the City for the fiscal year in which the expenditure will
occur.
[Code 1971, § 2-57]
There is hereby created the position of records management officer
to be designated by the Mayor with the approval of the Common Council,
whose duties shall be to implement records management as required
from time to time by the state in implementation and application of
the Local Government Records Law [Arts and Cultural Affairs Law § 57.13
et. seq.] and all rules and regulations promulgated pursuant thereto.
[Code 1971, § 2-40]
A code of ethics is hereby established to govern the conduct
of the officers and employees of the City, as provided in this division.
[Code 1971, § 2-41]
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. For the purposes
of this division, a municipal officer or employee shall be deemed
to have an interest in the contract of:
(1)
His spouse, minor children, and dependents, except a contract of
employment with the municipality which such officer or employee serves;
(2)
A firm, partnership, or association of which such officer or employee
is a member or employee;
(3)
A corporation of which such officer or employee is an officer, director,
or employee; and
(4)
MUNICIPAL OFFICER OR EMPLOYEE
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
An officer or employee of the City, 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 Fire Chief or assistant Fire Chief.
[Code 1971, §§ 2-12, 2-13]
(a)
Members. There is hereby established a board of ethics consisting
of three members to be appointed by the Mayor and confirmed by the
Common Council and who shall serve without compensation at the pleasure
of the Mayor and Common Council. A majority of such members shall
be persons other than officers or employees of the City.
(b)
Powers and duties. The board of ethics shall have the powers and duties prescribed by General Municipal Law art. 18 [§ 800 et seq.] and shall render advisory opinions to the officers and employees of the City with respect to such article and any code of ethics adopted pursuant to such article, under such rules and regulations as the board may prescribe.
(c)
Recommendations for ethics code. In addition, the board may make
recommendations with respect to the drafting and adoption of a code
of ethics or amendments thereto upon the request of the Common Council.
[Code 1971, § 2-42]
Every officer or employee of the City shall be subject to and
abide by the following standards of conduct:
(1)
Gifts. He shall not 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
him; 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.
(2)
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.
(3)
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.
(4)
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 subsection shall not prohibit the fixing at any
time of fees based upon the reasonable value of the services rendered.
(5)
Disclosure of interest in legislation. To the extent that he knows
thereof, a member of the Common Council and any officer or employee
of the City, whether paid or unpaid, who participates in the discussion
or gives official opinion to the Common Council on any legislation
before the Common Council 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.
(6)
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.
(7)
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.
(8)
Future employment. He shall not, after the termination of service
or employment with such municipality, appear before any board or agency
of the City 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.
[Code 1971, § 2-44]
The Mayor of the City shall cause a copy of this code of ethics
to be distributed to every officer and employee of the City before
such officer or employee entering upon the duties of his office or
employment.
[Code 1971, § 2-43]
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
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.
[Code 1971, § 2-45]
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.
[Res. No. 4-94, 2-8-1994]
(a)
It is the policy of the City that there be no discrimination against
any employee, or any applicant for employment, on the basis of sex.
In keeping with the policy, the City does not tolerate sexual harassment
by anyone, including non-employees.
(b)
Sexual harassment is a violation of the City's rules of conduct.
It can also constitute a violation of state and federal law. Unwelcome
sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature constitute sexual harassment when:
(1)
Submission to the conduct is made either an explicit or implicit
condition of employment;
(2)
Submission to or rejection of the conduct is used as the basis
for an employment decision affecting the harassed individual; or
(3)
The comments or conduct is found to be offensive and/or intimidating
by the person to whom it is directed, even if the person making the
comment or engage in the conduct does not appear to intend it to be
offensive or intimidating (e.g., inter alia, sexual joking and innuendo,
the use of sexually explicit language, or the display of sexually
oriented jokes, posters, or other material on bulletin boards in offices,
lockers and work areas.
(c)
Any person who feels he or she has been subjected to any form of
sexual harassment should report such incident(s) to his or her supervisor,
or the Mayor, or the secretary to the Mayor without fear of reprisal.
(d)
All reports of alleged sexual harassment will be investigated by
the Mayor or the secretary to the Mayor as dictated by the specific
circumstances. Investigations will be conducted in as confidential
a manner as possible. Any individual making a complaint will be advised
of the results of the investigation and of any action taken.
(e)
Any person who engages in sexual harassment will be subject to such
corrective action and/or penalty as is deemed warranted by the City.
Such action may include discipline or discharge.
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Editor's note: Res. No. 4-94, adopted Feb. 8, 1994, did not specifically amend the Code; hence, inclusion herein as § 2-123 was at the discretion of the editor.
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