[HISTORY: Adopted by the Town Board of the Town of Mendon 11-9-1970 by L.L. No.
1-1970 (Ch. 16 of the 1994 Code). Amendments noted
where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Mendon recognizes that
there are rules of ethical conduct for 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 Town
of Mendon. These rules shall serve as a guide for official conduct
of the officers and employees of the Town of Mendon. 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.[1]
Every officer or employee of the Town of Mendon 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 as provided in § 805-a
of the General Municipal Law, whether in form of money, services,
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.
[Amended 11-28-1994 by L.L. No. 7-1994]
B.
Confidential information. He shall not disclose confidential information
acquired by him in the course of his official duties, except when
required by law, or use such information to further his personal interest.
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 agency
of the Town of Mendon 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 contingent 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 Town Board and any officer or employee of
the Town of Mendon, whether paid or unpaid, who participates in the
discussion or gives official opinion to the Town Board on any legislation
before said Town 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 with 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
interests 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 the termination of service
or employment with such municipality, appear before any board or agency
of the Town of Mendon in relation to any case, proceeding or application
in which he personally participated during the period of his service
or employment or which was under his active consideration.
I.
Use of Town of Mendon owned equipment or property. No officer or
employee shall request or permit the use of Town of Mendon owned vehicles,
equipment, material or property for personal convenience or profit,
except when such services are available to the public generally or
are provided as municipal policy for the use of such officer or employee
in the conduct of official business.
J.
Obligation to citizens. No officer or employee of the Town of Mendon
shall 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. An officer or employee of the
Town of Mendon should 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 Town of Mendon 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.[1]
A.
There is hereby created and established a Board of Ethics consisting
of three members who shall be residents of the Town of Mendon, to
be appointed by the Town Board, and who shall serve without compensation
and at the pleasure of said Town Board. A majority of such members
shall be persons other than officers or employees of the Town of Mendon,
and one member shall be an officer or employee of the Town of Mendon.
B.
The Board of Ethics shall have the powers and duties prescribed by
Article 18 of the General Municipal Law and shall render advisory
opinions to the officers and employees of the Town of Mendon with
respect to Article 18 of the General Municipal Law and this Code of
Ethics, adopted pursuant to such article, under such rules and regulations
as the Board of Ethics may prescribe. In addition, the Board of Ethics
may make recommendations with respect to the drafting and adoption
of amendments to the Code of Ethics upon request of the Town Board.
In addition to any penalty contained in any other provision
of law, any person who shall knowingly and intentionally violate any
of the provisions of this code may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.
This Code of Ethics may be amended from time to time by the
Town Board to improve the administration of the Town and protect the
public or by supplementing the coverage of this code, to the extent
permitted by law.
