Officers and employees of the Village of Bath 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 Bath 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 Village Board and any municipal administrative board
(Planning Board, Zoning Board of Appeals), commission or other agency
or body comprised of two or more municipal officers or employees.
[Amended 4-21-2014 by L.L. No. 5-2014]
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.
[Amended 4-21-2014 by L.L. No. 5-2014]
MUNICIPALITY
The Village of Bath. The word "municipal" refers to the municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Village of Bath,
including, but not limited to, the members of any municipality.
RELATIVE
A spouse, domestic partner, parent, step-parent, sibling,
step-sibling, step-sibling's spouse, child, step-child, 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 Bath and shall supersede any prior municipal Code of
Ethics. The provisions of the 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 Bath.
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 Village of Bath shall treat all
members of the public, whether a person, firm 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 §
7-7 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(I)(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 offer 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.
The Ethics Board makes a recommendation as to a possible penalty
to the Village Board that can be censure, suspension or termination.