Officers and employees of the City of Lockport 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 City of Lockport 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 chapter, the following terms shall have the
meanings indicated:
BOARD
The Common Council 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.
CODE
This Code of Ethics.
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 City of Lockport. The word "municipal" refers to the
municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid elected or appointed officer or employee
of the City of Lockport, 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 or household member of municipal officer or employee
and individuals having any of these relationships to the spouse of
the officer or employee.
No municipal officer or employee shall use his or her municipal
position or official powers 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 City of Lockport 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 §
18-7 of this code; or
B. Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee; or
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. Effective October 15, 2014, 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. Effective October 15, 2014, 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.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.