[Adopted 9-10-2012 by L.L. No. 8-2012]
Officers and employees of the Village of Williamsville hold
their positions to serve and benefit the public and not for obtaining
unwarranted personal or private gain in the exercise and performance
of their official powers and duties. The Village of Williamsville
recognizes that, in furtherance of this fundamental principle, there
is a need for clear and reasonable standards of ethical conduct. This
Code of Ethics establishes those standards.
As used in this article, the following terms shall have the
meanings indicated:
BOARD
The Village Board 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,
not including volunteer committees.
CODE
This Code of Ethics.
CONFIDENTIAL INFORMATION
Information, in any form, that is either prohibited from
disclosure by federal or state law; or prohibited from disclosure
by local law, ordinance, or resolution of the municipality, and exempt
from mandatory disclosure under the New York State Freedom of Information
Law and the New York State Open Meetings Law.
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 or employee or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
MUNICIPALITY
The Village of Williamsville. The word "municipal" refers
to the municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Village of Williamsville,
including, but not limited to, the members of any municipal board.
RELATIVE
A spouse, domestic partner, parent, stepparent, sibling,
stepsibling, stepsibling's spouse, child, stepchild, uncle, aunt,
nephew, niece, first cousin or household member of municipal officer
or employee and individuals having any of these relationships to the
spouse of the officer or employee.
This Code of Ethics applies to the officers and employees of
the Village of Williamsville 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 Village of Williamsville.
No municipal officer or employee shall use his or her municipal
position or official powers and 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.
An officer or employee of the Village of Williamsville shall
treat all members of the public, whether a person, firm or corporation
or other organization, with respect and in a professional manner,
with equal consideration and without special advantage in carrying
out his or her official duties.
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 §
23-7 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
matters 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:
A. 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.
B. No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
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.