The Town of Lowville 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 Town of Lowville. These rules shall
serve as a guide for official conduct of the officers and employees
of the Town of Lowville. The rules of ethical conduct of this chapter
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
specific law relating to ethical conduct and interest in contracts
of municipal officers and employees.
As used in this chapter, the following terms shall have the
meanings indicated:
INTEREST
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 chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
A.
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves;
B.
A firm, partnership or association of which such officer or
employee is a member or employee;
C.
A corporation of which such officer or employee is an officer,
director or employee; and
D.
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
TOWN OFFICER OR EMPLOYEE
An officer or employee of the Town of Lowville, whether paid
or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a Town officer
or employee solely by reason of being a volunteer fireman or civil
defense volunteer, except a Fire Chief or Assistant Fire Chief.
Every officer or employee of the Town of Lowville 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 $75 or more, whether
in the form of money, services, loan, travel, entertainment, hospitality,
things or promise, or any other form, under circumstances in which
it could be reasonably be inferred that the gift was intended to influence
him, or could be 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 of 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 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.
E. Disclosure of interest in legislation. To the extent that he knows
thereof, a member of the Town Board and any officer or employee of
the Town of Lowville, whether paid or unpaid, who participates in
the discussion or give official opinion to the Town Board on any legislation
before the Town 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 such municipality, appear before any board or agency
of the Town of Lowville 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 hereby 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 Town of Lowville 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 Supervisor of the Town Board of the Town of Lowville shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Town of Lowville within 30 days after the effective
date of this chapter. Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon the duties
of his office or employment. Failure to distribute any such copy or
failure of any officer or employee to receive such copy shall have
no effect on the duty of compliance with such code nor the enforcement
of the provisions thereof.
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.