[HISTORY: Adopted by the Common Council of
the City of Amsterdam; Article I, 8-4-1970; Article II, 8-4-1970. Amendments noted where applicable.]
[Adopted 8-4-1970; amended in its entirety 10-21-2014 by Ord. No. 2014-9]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Common Council of the City of Amsterdam recognizes
that there are rules of ethical conduct for public 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 article to promulgate
these rules of ethical conduct for the officers and employees of the
City of Amsterdam. These rules shall serve as a guide for official
conduct of the officers and employees of the City of Amsterdam. The
rules of ethical conduct of this article, 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.
As used in this article, 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 chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves.
A firm, partnership or association of which such officer or
employee is a member or employee.
A corporation of which such officer or employee is an officer,
director or employee.
A corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.
An officer or employee of the City of Amsterdam 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 Chief Engineer or Assistant Chief
Engineer.
Every officer or employee of the City of Amsterdam 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 of $75 or more, 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 in the performance
of his official duties or was included as a reward for any official
action on his part.
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.
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 municipal agency of
which he is an officer, member or employee, or of any municipal agency
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 the following is required
(1)
Disclosure of interest in legislation. To the extent that he knows
thereof, a member of the Common Council and any officer or employee
of the City of Amsterdam, whether paid or unpaid, who participates
in the discussion, or gives official opinion to the Common Council
on any legislation before the Common Council, 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. Such
disclosure shall be written and made part of and shall be set forth
in the official record of the proceedings of such body.
(2)
Any officer or employee of the City of Amsterdam must comply with
any and all other disclosure requirements contained in any and all
provisions of state and local law.
(3)
Disclosure of campaign contributions. Any officer or employee who
individually or whose duly constituted campaign committee has, in
any election cycle received contributions of $250 or more from a firm
or person with an interest in any matter before any City Board, Commission
or the Common Council, where the officer or employee is a member or
participates in the deliberation of such City Board, Commission or
the Common Council, shall promptly disclose, in writing, to the respective
board, commission, or council, the date, amount and recipient of such
contribution. Such written disclosure shall be made part of and shall
be set forth in the official record of the proceedings of such body.
The officer or employee should then recuse himself in any such matter.
F.
Investment
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 City
of Amsterdam 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.
Appearance of impropriety. He shall avoid any appearance of impropriety.
J.
Private interest. A City officer or employee shall not use his or
her official position, office, or City property or resources (e.g.,
official letterhead), nor take or fail to take any official action
in a manner which he or she knows or has reason to know may result
in a personal or financial benefit, or otherwise further the private
interest of the officer or employee; his or her outside employer or
business; his or her spouse, in-law, domestic partner, co-habitant,
child, stepchild, sibling, parent or grandparents, or his or her customer
or client. The rules of this section shall apply to contracts, employee
relations decisions, and all other official actions.
K.
Political interest. No member of the Common Council or officer or
employee of the City of Amsterdam may use his or her authority over
City property, resources, or personnel to further or inhibit the political
interests of any candidate for public office; nor may be or she take
or fail to take any official action to further or inhibit the political
interests of any candidate for public office. No action taken by an
officer or employee of the City of Amsterdam shall be considered to
violate this provision if such action is part of the usual assigned
work duties of that officer or employee, unless the actions are taken
in a discriminatory manner that is intended by the officer or employee
to further or hinder the political interests of any candidate.
L.
Recusal. Officers and employees should recuse themselves from participation
in discussion, deliberation, or voting in any matter in which they
have an actual or potential interest prohibited by this code.
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 City of Amsterdam, 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.
A.
The Employee Relations Director, or any descendent position thereof,
shall cause a copy of this Code of Ethics and the ethics disclosure
statement to be distributed to every officer and employee of the City
of Amsterdam. Each officer and employee elected or appointed on and
after the effective date of this chapter shall be furnished such copy
before entering upon the duties of his or her office or employment.
The City Clerk shall keep on file a signed statement that the Code
of Ethics was received. 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 this chapter or with the enforcement
of the provisions thereof.
B.
The Common Council may facilitate periodic ethics training programs
for officers and employees or the City and for the public.
A.
All officers and employees shall, at the time of filing his or her
acknowledgement of receipt of the Code of Ethics, also file with the
City Clerk an ethics disclosure statement, in a form established by
the Board of Ethics.
B.
All officers and employees shall ensure that such disclosure statement
remains current, and must file an updated disclosure statement as
necessary.
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.
[Adopted 8-4-1970; amended in its entirety 10-21-2014 by Ord. No. 2014-9]
There is hereby established a nonpartisan Board of Ethics, consisting
of six members, five of whom shall be appointed by the Mayor and serve
at the pleasure of the Mayor. One nonvoting member shall be appointed
by the Common Council and serve at the pleasure of the Common Council.
A majority of such voting members shall be persons other than officers
or employees of the City of Amsterdam, New York. Such board shall
include at least one voting member who is an elected or appointed
municipal officer or employee. The Corporation Counsel shall act as
an advisor to the Board.
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 City of Amsterdam with
respect to Article 18 of the General Municipal Law and any Code of
Ethics adopted pursuant to such article, under such rules and regulations
as the Board may prescribe. In addition, the Board may make recommendations
with respect to any amendments to the Code of Ethics upon request
of the Common Council. To the extent permitted by law, the identity
of the officer or employee seeking advice, and the nature of the inquiry
shall be and remain confidential.
A.
The Ethics Board shall have the authority to receive written complaints
alleging violations of this code, to investigate such complaints,
and to render advisory opinions thereon.
B.
Complaints shall be subscribed to the Ethics Board complaint form
and presented to the City Clerk in a sealed envelope clearly marked
to the Ethics Board. The City Clerk shall thereafter present the sealed
envelope to the Chair of the Ethics Board.
C.
To maintain confidentiality, under no circumstances shall the envelope
be opened by anybody other than a member of the Ethics Board.
D.
An officer or employee under investigation by the Board of Ethics
shall be afforded written notice of the investigation, a copy of the
complaint on which it is based, and an opportunity to be heard. In
the course of its investigations, the Board of Ethics may take testimony
under oath.
E.
The Board shall promulgate its own rules and regulations as to its
forms and procedures and shall maintain appropriate records of its
proceedings.
F.
At the conclusion of its investigation, the Board shall render a
written opinion stating its findings, conclusions, and recommendations.
A copy of the opinion shall be furnished to the complainant, the subject
officer or employee, and to the Mayor and Common Council for any action
deemed necessary or appropriate.
In the event that this chapter conflicts with General Municipal
Law Article 18, General Municipal Law shall prevail.
In the event that any provision of this chapter shall conflict
or be inconsistent with any provisions of the City Charter, the provisions
of the City Charter shall prevail.
