[HISTORY: Adopted by the Town Board of the Town of Marion 8-14-2009. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law of the State of New York, the Marion Town Board, as
one of the Townships of the County of Wayne, in the State of New York,
a municipality, having its principal office for transaction of business
at 3823 North Main Street, in the Town of Marion, New York, recognizes
that there are rules of ethical conduct for public officials 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 local
government. It is the purpose of this chapter to publicly promulgate
these rules of ethical conduct for the officers and employees of the
Town of Marion. These rules shall serve as a guide for conduct of
the officers and employees of the Town of Marion. 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 General Municipal
Law of the State of New York or any other general or special law of
the State of New York relating to ethical conduct and interest in
contracts of municipal officers and employees.
As used in this chapter, the following terms shall have the
meanings indicated:
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this article, a municipal officer or employee shall be deemed to
have an interest in the contract of a) his spouse, minor children
and dependents, except a contract of employment with the municipality
which such officer or employee serves, b) a firm, partnership or association
of which such officer or employee is a member or employee, c) a corporation
of which such officer or employee is an officer, director or employee,
and d) a corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.[1]
An officer or employee of the Town of Marion, whether paid
or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer, except a Fire Chief or Assistant Fire
Chief.[2]
Every officer or employee of the Town of Marion shall be subject
to and abide by the following standards of conduct:
A.
Gifts. He shall not directly or indirectly, solicit any gift or knowingly
accept or receive any gift having a value of $75 or more, whether
in the form of money, services, or any other form, given to him or
his immediate family, under circumstances in which it 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.[1]
B.
Confidential information. He shall not disclose confidential information
acquired by him in the course of his official duties or use such information
to further his personal interest.
C.
Representative before one's 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 municipal
agency or of any municipal agency of which he has jurisdiction or
to which he has the power to appoint any member, officer or employee
or of any municipal agency over which he has the power to directly
influence the policy of decision thereof.
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.
"Agency" herein shall not be interpreted to include the judicial court
system of the Town of Marion.
E.
Disclosure of interest in legislation. To the extent that he knows
thereof a member of the Marion Town Board, any officer or employee
of the Town of Marion, whether paid or unpaid, who participates in
the discussion or gives official opinion to the Board or other official
policy making agency on any matter before said Board or agency shall
publicly disclose on the official record the nature and extent of
any direct or indirect financial or other personal interest he has
in such legislation.
F.
Disclosure in certain applications. Every application, petition,
or request submitted for a variance, amendment, change of zoning,
approval of a plat, exemptions from a plat or Official Map, license
or permit, pursuant to the provisions of any ordinance, local law,
rule or regulation constituting the zoning and planning regulations
of the Town of Marion, shall state the name, residence, and the nature
and extent of the interest of any Town officer, or any officer or
employee of the Town, in the person, partnership or association making
such application, petition or request to the extent known to such
applicant. Further reference is made to § 809 of the General Municipal Law of the State
of New York.
G.
Investments in conflict with official duties. He shall not invest
or hold any investment directly or indirectly in a financial, business,
commercial or other private transaction, which creates a conflict
with his official duties.[2]
H.
Private employment. He shall not engage in, solicit, negotiate for
or promise to accept private employment, or render services for private
interest, when such employment or service creates a conflict with
or impairs the proper discharge of his official duties.
I.
Special consideration or privilege. He shall not use his official
municipal position to intentionally secure special consideration or
privileges for himself or others by interceding directly in the function
of any municipal agency.
J.
Future employment. He shall not after the termination of service
or employment with such a municipality, appear before any board or
agency of the Town of Marion in relationship to any case, proceeding
or application in which he personally participated during the period
of his employment, or which was under his direct consideration.
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 Marion, 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.
The Supervisor of the Town Board of Marion shall cause a copy
of this Code of Ethics to be distributed to every officer, and employees,
of the Town of Marion within 30 days after the effective date of this
chapter. Each officer and employee thereafter shall be furnished a
copy before entering upon the duties of his office or employment. Failure
to distribute any such copy or failure of any officer or employee
to receive such copy shall have no effect on the duty of compliance
with such code, nor the enforcement of provisions thereof.
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.
