Pursuant to the provisions of § 806 of the General
Municipal Law, the Village Board of the Village of Lancaster 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 Lancaster. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Lancaster.
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.
Every officer or employee of the Village of Lancaster 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, service, 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 or that of another person.
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 contingency 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 Village Board and any officer or employee
of the Village of Lancaster, 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 of 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
interest 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 termination of service or
employment with such municipality, appear before any board or agency
of the Village of Lancaster in relation to any case, proceeding or
application in which he personally participated as a public officer
or employee during the period of his service or employment or which
was under his active consideration.
I. Use of Village property. Except as permitted by the Fire Chief and
Assistant Fire Chiefs vehicle use policy established by the Village
Board, he shall not use or permit the use of Village vehicles, equipment,
materials, or property for the convenience or profit of himself or
any other person.
[Amended 3-12-2018 by L.L. No. 2-2018]
J. Obligation to citizens.
(1) He shall not use or attempt to use his official position to secure
unwarranted privileges or exemptions for himself or others or grant
any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
(2) He shall not by his conduct give reasonable basis for the impression
that any person can unduly influence him or improperly enjoy his favor
in the performance of his official duties, or that he is affected
by the kinship, rank, position, or influence of any party or person.
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 Lancaster 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 Mayor of the Village of Lancaster shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Village of Lancaster within 10 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 or the enforcement of provisions
thereof.
In accordance with § 806(3) of the General Municipal
Law, the Village Clerk-Treasurer shall file, certified mail, return
receipt requested, a certified copy of this Code of Ethics in the
Office of the State Comptroller within 30 days of adoption or amendment
of this chapter.
[Added 6-27-2016 by L.L.
No. 5-2016]
A member of the Village Board of Trustees, on his or her own
initiative, or, in the discretion of the member, in response to a
request of another, may request an advisory legal opinion whether
the past, present or proposed conduct of any individual violates the
Code of Ethics set forth in this chapter. The request for an advisory
opinion shall be in writing. Unless the Village Board determines that
the inquiry shall be addressed to other counsel who shall be identified
by the Village Board, the request shall be directed to the Village
Attorney. Counsel to whom the request is directed may request information
in addition to the particulars set forth within the written request
and/or conduct further investigation. The advisory opinion shall be
in writing. Unless an extension of time is granted by the Village
Board or the member of the Village Board making such request, counsel
shall provide his or her written advisory opinion within 30 days of
receipt of the written request therefor.
[Added 8-22-2016 by L.L.
No. 6-2016]
A. Members
of the Village Board of Trustees, the Village Planning Board, the
Village Zoning Board of Appeals, the Village Historic Preservation
Commission, the Fire Chief, Assistant Fire Chiefs and President of
the Village of Lancaster Fire Department, the Village Clerk, the Superintendent
of Public Works, the Village Attorney, the Deputy Village Attorney,
the Village Code Enforcement Officer and all employees of the Village
of Lancaster, including those employed at the office of the Village
Clerk, the Department of Public Works and the Justice Court, excluding
the Village Justice, shall, within 90 days of that person's installation,
appointment or hire and thereafter annually within 90 days of the
Village Board organizational meeting, complete, sign and deliver to
the Village Clerk, in a format to be established by the Village Board,
acknowledgment that he or she has reviewed, is familiar with, understands
and shall comply with the provisions of the Village of Lancaster Code
of Ethics.
B. The Village Clerk shall promptly report to the Village Board any individual who fails to complete, execute and deliver the acknowledgment referenced at Subsection
A of this section within the required period.
In addition to any penalty contained in any other provision
of law, any person who shall knowingly or intentionally violate any
of the provisions of this chapter may be fined, suspended, or removed
from office or employment, as the case may be, in the manner provided
by law.