[HISTORY: Adopted by the Board of Trustees of the Village
of Manchester 12-21-1970 (Ch.
4 of the 1980 Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Village Board of the Village of Manchester 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 chapter to promulgate
these rules of ethical conduct for the officers and employees of the
Village of Manchester. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Manchester.
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.
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 Village, unless the context otherwise requires. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
His spouse, minor children and dependents, except a contract
of employment with the Village;
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; and
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
An officer or employee of the Village of Manchester, 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 Village of Manchester 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 the
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 interests.
C.
Representation before Village Board or 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
board, court or agency of which he is an officer, member or employee,
or for which he is employed to give professional advice, 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.
Disclosure of interest in legislation. To the extent that he knows
thereof, a member of the Village Board and any officer or employee
of the Village of Manchester, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Village Board on
any legislation before the Village 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.
E.
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.
F.
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.
G.
Future employment. He shall not, after the termination of service
or employment with such municipality, appear before any board or agency
of the Village of Manchester 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.
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 Village of Manchester 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Mayor of the Village of Manchester shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Village within 30 days after the effective date of this chapter.
Each officer and employee elected or appointed 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.
A.
There is hereby established a Board of Ethics consisting of three
members to be appointed by the Village Board of the Village of Manchester.
B.
The members of the Board of Ethics shall serve without compensation
and at the pleasure of the Village Board. Two of such members shall
be persons other than officers and employees of the Village of Manchester,
and the third member shall be an elected or appointed officer or employee
of the Village.
C.
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 Village of Manchester
pursuant to the written request of such officer or employee with respect
to Article 18 of the General Municipal Law and the foregoing Code
of Ethics, under such rules and regulations as the Board may prescribe.
