[HISTORY: Adopted by the Board of Trustees of the Village
of Bath 4-15-2013 by L.L. No. 4-2013.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 7,
Code of Ethics, adopted 9-21-1970.
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:
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]
This Code of Ethics.
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]
The Village of Bath. The word "municipal" refers to the municipality.
A paid or unpaid officer or employee of the Village of Bath,
including, but not limited to, the members of any municipality.
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.
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 disposition of the matter could result in a direct or indirect
financial or material benefit to himself or herself, a relative or
any private organization in which he or she is deemed to have an interest,
the municipal officer or employee shall disclose, in writing, the
nature of the interest.
B.
The
disclosure shall be made when the matter requiring 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 Village Board of the municipality. In all
other cases, the disclosure shall be filed with the municipal officer,
employee or board having the power to appoint to the person's
position. 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.
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.
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 interest.
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 exercised or performed
by the other members of the board;
(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 or duty
shall be performed by another person to whom the officer may lawfully
delegate the function; or
(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 a municipal position (§ 7-4), disclosure requirements (§ 7-5) and requirements relating to recusal and abstention (§ 7-7) shall not apply with respect to the following matters:
A.
No
municipal officer or employee may acquire the following investments:
(1)
Investments that can be reasonably expected to require more than sporadic recusal and abstention under § 7-7 of this code;
(2)
Investments that would otherwise impair the person's independence
of judgment in the exercise or performance of his or her official
powers and duties; or
(3)
Investments from any Village of Bath action if the employee or officer
is in the position to negotiate, prepare, authorize or approve the
contract for the sale upon which he or she is bidding.
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 § 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.
A.
No municipal officer or employee may ask for, pursue or accept a
private postgovernment 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 90 days following
final disposition of the matter.
B.
No municipal officer or employee, for the one-year period after serving
as a municipal officer or employee, may represent or render services
to a private person or organization in connection with any matter
involving the exercise of discretion before the municipal office,
board, department or comparable organizational unit for which he or
she serves.
C.
No municipal officer or employee, at any time 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.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A.
Municipal resources shall be used for lawful municipal purpose. 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 constructed 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.
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.
A.
No municipal officer or employee shall directly or indirectly 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, promoting, discharging or disciplining, or
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.
C.
No employee shall engage in political campaign activities during
his or her official Village of Bath workday.
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
gifts 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
a 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:
[Amended 4-21-2014 by L.L. No. 5-2014]
(1)
The gift reasonably appears to be 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 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 of entertainment or any other benefit or the face value
of the gift, 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 the receipt of the most recent gift.
E.
Gifts intended to influence or 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
seeks municipal action involving the exercise of discretion by or
with the participation of the officer or employee.
(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 12 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 publically
presented in recognition of service as 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.
Membership.
(1)
The Board of Ethics shall consist of three members appointed by a
majority of the Village Board. One alternate may be appointed by the
majority of the Village Board to serve in the absence of another member.
(2)
There shall be three members of the Ethics Board initially serving
one three-year term, one two-year term and one one-year term. The
alternate member shall serve for one three-year term. Subsequently,
each member shall be appointed for a three-year term or until such
time as a successor is appointed.
(3)
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Village Board shall appoint the new member for the unexpired
term.
(4)
Removal of members. The Village Board shall have the power to remove,
after public hearing, any member of the Board for cause.
C.
Compensation. Members of the Board of Ethics shall serve without
compensation but may be reimbursed for reasonable and necessary expenses,
as approved by the Village Board.
D.
Powers and duties of the Board of Ethics:
(1)
The Board of Ethics shall select its own Chairperson from within the Board for a one-year term and appoint such staff as necessary to carry out its duties under this chapter and to delegate authority to the Chairperson, if any, to act in the name of the Board between meetings of the Board, provided that the delegation is in writing and the specific powers to be delegated are enumerated, and further provided that the Board may not delegate the power to conduct hearings, determine violations, recommend disciplinary action, refer any matter to a prosecutor or render advisory opinions, except as stated in § 7-19D(9).
(2)
To prescribe and promulgate rules and regulations governing its own
internal organization and procedures in a manner not inconsistent
with this chapter or state or federal law.
(6)
Provide Ethics Code to all Village officials and employees.
(7)
The Ethics Board of the Village of Bath may act only with respect
to officers and employees of the municipality and persons having business
dealing with the municipality. The termination of a Village officer's
or employee's term of office or employment with the Village shall
not affect the jurisdiction of the Village Ethics Board with respect
to requirements imposed by this chapter on former Village officers
or employees to the extent permitted by law.
(8)
A member of the Board of Ethics may be removed from office by a majority
vote of the Village Board for failure to fulfill the duties of the
office or for violation of this Code. The Village Board must give
the Board member written notice and an opportunity to reply.
(9)
The Ethics Board must prepare an annual report to the Village Board
on its activities and recommend changes to the Village of Bath Code
of Ethics.
A.
Upon receipt of a written request duly sworn by the person requesting
an investigation of an alleged violation of this code or upon the
Board determining on its own initiative that a violation of this code
may exist, the Ethics Board shall have the power and duty to conduct
any investigation necessary to carry out the provisions of this code.
In conducting any such investigation, the Board may administer oaths
or affirmations, subpoena witnesses and compel their attendance and
require the production of any books or records which it may deem relevant
or material, under advisement of the Village Attorney.
B.
The Village Ethics Board investigation shall be confidential until
such time that a final determination of the Village Ethics Board has
been made. Thereafter, the Village Ethics Board shall state, in writing,
its disposition of every written complaint it receives and of every
investigation it conducts and shall set forth the reasons for the
disposition to the Village Board. Any findings of violations of this
chapter or other applicable law shall be served upon the subject of
the investigation within seven days of such service of any findings
of violations of this code, and violations shall be made a public
record and shall be indexed and maintained on file by the Village
Clerk.
A.
In its discretion and after a hearing in accordance with Article
3 of the State Administrative Procedure Act (SAPA), and subject to
§ 75 of the Civil Service Law and any collective bargaining
agreements, to the extent practicable the Village Ethics Board may
recommend for action appropriate disciplinary action, which may include
a written warning, or reprimand, forfeiture of accrued leave with
pay, required attendance at ethics training seminars, suspension or
termination of employment, to the authority or person or body authorized
by law to impose such sanctions.
B.
The Village Ethics Board shall conduct and complete the hearing with
reasonable promptness and shall not act without notice and opportunity
to be heard and shall observe appropriate due process.
A.
The Board of Ethics shall render confidential advisory opinions only
to officers and employees of the Village of Bath with respect to Article
18 of the General Municipal Law and this Code of Ethics. Officers
and employees of the municipality are encouraged to seek advisory
opinions whenever they are uncertain whether their conduct may violate
the Code of Ethics.
B.
The Board of Ethics will prepare an advisory opinion based on a thorough
review of the facts and applicable law. The Board's opinion is
to be based solely on the facts presented in the request or subsequently
submitted in a written, signed document. The opinion will be rendered,
in writing, to the requester as expeditiously as is practicable, with
special attention to the time requirements of a given case.
C.
An officer or employee of the municipality whose conduct or action
is the subject of an advisory opinion will not be subject to penalties
or sanctions by virtue of acting, or failing to act, due to a reasonable
reliance on the opinion, unless material facts were omitted or misstated
in the material submitted by the requester.
D.
The Board of Ethics will maintain a confidential, indexed file of
all advisory opinions issued by the Board.
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 takes
effect. An amendment to the code must be posted within 10 days following
the date on which the 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 or employee of the Village of Bath.
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 Clerk
who must maintain such acknowledgment as a public record.
D.
The failure to post this code, or an amendment to the 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.
[Amended 4-21-2014 by L.L. No. 5-2014]
The Ethics Board makes a recommendation as to a possible penalty
to the Village Board that can be censure, suspension or termination.
