[HISTORY: Adopted by the Town Board of the Town of Lyons. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law of the State of New York, the Town Board of the Town of Lyons, County of Wayne, State of New York, 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 local government. It is the purpose of this Code of Ethics to publicly promulgate these rules of ethical conduct for the officers and employees of the Town of Lyons. These rules shall serve as a guide for conduct of the officers and employees of the Town of Lyons. The rules of ethical conduct of this code, as adopted, shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the 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 pecuniary or material benefit directly or indirectly accruing to a municipal officer or employee as a result of a contract with the Town. For the purposes of this code, a municipal officer or employee shall be deemed to have an interest in the contract of:
- A. His/Her spouse, minor children and dependents, except a contract of employment with the Town;
- 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.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Town of Lyons, whether paid or unpaid, including members of any administrative board, commission, committee or other department, unit, or agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer firefighter or civil defense volunteer, except a fire chief or assistant fire chief.
Every officer or employee of the Town of Lyons shall be subject to and abide by the following standards of conduct.
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, loan, travel, entertainment, hospitality, thing or promise, or any other form, given to him or his immediate family, under circumstances in which it could reasonably be inferred that the gift was expected to influence him in the performance of his official duties or was intended as a reward for any official action on his part.
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.
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 or of any municipal agency over which he has the power to directly influence the policy or decision thereof.
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 county.
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Town Board of the Town of Lyons and any officer or employee of the Town of Lyons, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board of the Town of Lyons or other official policy-making Town agency on any matter before said Town Board or Town 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.
Disclosure in certain applications. Every application, petition or request submitted for a variance, amendment, change of zoning, approval of a plat, exemption 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 a municipality, shall state the name, residence and the nature and extent of the interest of any state officer or any officer or employee of such municipality or of a municipality of which such municipality is a part, in the person, partnership or association making such application, petition or request to the extent known to such applicant. Further reference is made to General Municipal Law § 809 of the State of New York.
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.
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.
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.
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 Lyons 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 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 Lyons 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 of Lyons of the County of Wayne shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town of Lyons within 30 days after the effective date of this chapter. Each officer and employee elected, appointed and employed 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.