[HISTORY: Adopted by the Board of Trustees of the Village
of Chittenango 4-23-2013 by L.L. No. 4-2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
9, Ethics, Code of, adopted 1-12-1971, and provided that it would
become effective 5-15-2013 or upon filing with the Secretary of State,
whichever occurred later.
Officers and employees of the Village of Chittenango 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 Chittenango Board of Trustees
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.
A direct or indirect financial, professional, or material
gain, enhancement or improvement. Benefit does not include 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.
The governing board of a municipality 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.
This Code of Ethics.
Any claim, account, demand against or agreement with a municipality,
express or implied.
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as a result of a contract with
a municipality which the officer or employee serves. A municipal officer
or employee is deemed to have an interest in a private organization
when he or she, his or her spouse, a member of his or her household,
or his dependants is an owner, partner, member, director, officer
or employee of an organization, or directly or indirectly owns or
controls more than 5% of the outstanding stock of a corporation listed
on the New York and American Stock Exchanges.
The Village of Chittenango. The word "municipal" refers to
the things pertaining to the Village of Chittenango.
A paid or unpaid representative, officer or employee of the
Village of Chittenango, including, but not limited to, the members
of any municipal department, board or commission. No person shall
be deemed an officer or employee solely by reason of being a volunteer
fireman, except a Fire Chief or Assistant Fire Chief.
A spouse, child, stepchild, grandchild, and any descendents
of the grandparents of the officer or employee, or the members of
the officer's or employee's household, as well as the child,
stepchild, grandchild, any descendents of the grandparents, and any
member of the household, of a municipal officer's or employee's
spouse.
This Code of Ethics applies to the officers and employees of
the Village of Chittenango, 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 Chittenango.
No municipal office or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or a private organization
in which he or she is deemed to have an interest.
A.
Whenever
a matter requiring the exercise of discretion comes before a municipal
officer or employee, either individually or as a member of a board,
and the officer or employee has reason to believe that the disposition
of the matter could reasonably result in a current or future direct
or indirect financial or material benefit to himself or herself, a
relative, or a private organization in which he or she is deemed to
have an interest (except as provided in General Municipal Law § 802),
the municipal officer or employee shall disclose in writing the nature
of the interest.
B.
The
disclosure shall be made when the matter known to require disclosure
first comes before the municipal officer or employee, or when the
municipal officer or employee first acquires knowledge of the interest
requiring disclosure, whichever is earlier.
C.
In
the case of a person serving in an elective office, the disclosure
shall be filed with the governing board of the municipality. In all
other cases, the disclosure shall be filed with the person's
supervisor or, if the person does not have a supervisor, the disclosure
shall be filed with the Board of Trustees. In addition, in the case
of a person serving on a municipal board, a copy of the disclosure
shall be filed with the board. Any disclosure made to a board shall
be made publicly at a meeting of the board and must be included in
the minutes of the meeting.
D.
The
exceptions set forth in General Municipal Law § 802 are
incorporated herein by reference.
A.
No
municipal officer or employee may participate in any decision or take
any official action with respect to any matter requiring the exercise
of discretion, including discussing the matter and voting on it, when
he or she knows or has reason to know that the action could confer
a direct or indirect financial or material benefit on himself or herself,
a relative, or any private organization in which he or she is deemed
to have an interet.
B.
In
the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be excecised or perfomed
by the other members of the board; or
(2)
If the power or duty is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer does not have a deputy, the power of duty
shall be performed by another person to whom the officer may lawfully
delegate the function.
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of municipal position (§ 9-4), disclosure requirements (§ 9-5), and requirements relating to recusal and abstention (§ 9-6), shall not apply with respect to the following matters:
A.
No
municipal officer or employee may acquire the following investments:
B.
This
section does not prohibit a municipal officer or employee from acquiring
any other investments or the following assets:
(1)
Real property located within the municipality and used as his or
her personal residence;
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the municipality and acquired more than
one year after the date on which the bonds or notes were originally
issued.
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 § 9-6 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 matter to
which the municipality is a party.
A.
No municipal officer or employee may ask for, discuss, pursue or
accept a private post-government employment opportunity with any person
or organization that has a matter requiring the exercise of discretion
pending before the municipal officer or employee, either individually
or as a member of a board, while the matter is pending or within the
30 days following final disposition of the matter.
B.
No municipal officer or employee, within two years after serving
as a municipal officer or employee, may represent or render services
to a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee, unless specifically
authorized by the Board of Trustees.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A.
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel,
and the municipality's money, vehicles, equipment, materials,
supplies or other property.
B.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by § 803 of the General Municipal Law
C.
Exceptions set forth in General Municipal Law § 802 are
incorporated by reference.
Except as otherwise allowed 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 municipal
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.
A.
No municipal officer or employee shall directly or indirectly take
action to compel or induce a subordinate municipal officer or employee
to make, or promise to make, any political contribution, whether by
gift of money, service or other thing of value.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any municipal officer or employee, or for an applicant for a position
as a municipal officer or employee, on the basis of the giving or
withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
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.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a(1)(a) of the General Municipal
Law, as interpreted in this section.
B.
No municipal officer or employee may directly or indirectly solicit
any gift.
C.
No municipal officer or employee may accept or receive any gift,
or multiple gifts from the same donor, having an annual aggregate
value of $75 or more when:
(1)
It can be reasonably inferred that the gift was intended to influence
the officer or employee in the exercise or performance of his or her
official powers or duties; or
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3)
The gift is intended as a reward for any official action on the part
of the officer or employee.
D.
For purposes of this section, a gift includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail
cost of the item or a comparable item. The fair market value of a
ticket entitling the holder to food, refreshments, entertainment,
or any other benefit is the face value of the ticket, or the actual
cost to the donor, whichever is greater. Determination of whether
multiple gifts from a single donor exceed $75 must be made by adding
together the value of all gifts received from the donor by an officer
or employee during the twelve-month period preceding and including
the receipt of the most recent gift.
E.
Presumption of influence and reward.
(1)
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his or her official powers
or duties when the gift is from a private person or organization that
currently seeks municipal action involving the exercise of discretion
by or with the participation of the officer or employee; or
(2)
A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding twelve months.
F.
This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as
a municipal officer or employee, is the primary motivating factor
for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee,
or other service to the community; or
(6)
Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional or educational
conference or program and the meals and refreshments are made available
to all participants.
A.
There is hereby established a Board of Ethics for the Village. The
Board of Ethics shall consist of three members, a majority of whom
shall not be officers or employees of the Village, but at least one
of whom must be a Village officer or employee. The members of such
Board of Ethics shall be appointed by the Board of Trustees, serve
at the pleasure of the Board of Trustees, and receive no salary or
compensation for their services as members of the Board of Ethics.
B.
The Board of Ethics may prescribe its own procedures, rules for the
conduct of its actions and maintain appropriate records of its proceedings
and opinions.
C.
The Board of Ethics shall render advisory opinions to the officers
and employees of the Village of Chittenango with respect to Article
18 of the General Municipal Law and this code. Such advisory opinions
must be rendered pursuant to the written request of any such officer
or employee, under such rules and regulations as the Board of Ethics
may prescribe. The Board of Ethics shall have the advice of legal
counsel employed by the board or, if none, the Village's legal
counsel. In addition, the Board of Ethics may make recommendations
with respect to the drafting and adoption of a Code of Ethics, or
amendments thereto, upon the request of the Village Board of Trustees.
D.
Expenses incurred in the proceedings undertaken by the Board of Ethics
and preparation of its opinions shall be borne by the Village.
A.
The Mayor must promptly cause a copy of this code, and a copy of
any amendment to this code, to be posted publicly and conspicuously
in each building under the municipality's control. The code must
be posted within 10 days following the date on which the code or any
amendment takes effect.
B.
The Mayor must promptly cause a copy of this code, including any
amendments to the code, to be distributed to every person who is or
becomes an officer and employee of the Village of Chittenango.
C.
Every municipal officer or employee who receives a copy of this code
or an amendment to the code must acknowledge such receipt in writing.
Such acknowledgment must be filed with the Village of Chittenango
Clerk/Treasurer, who must maintain such acknowledgment, as a public
record.
D.
The failure to post this code or an amendment to this code does not
affect either the applicability or enforceability of the code or the
amendment. The failure of a municipal officer or employee to receive
a copy of this Code of Ethics or an amendment to the code, or to acknowledge
receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
Any municipal officer or employee who violates this code may be subject to administrative disciplinary actions, including censure, fine, suspension or removal from office or employment, in the manner provided by law. Violations of the provisions of this code are also subject to penalties upon conviction, as provided in § 1-12 of the Village Code.
