[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:
His/Her spouse, minor children and dependents, except a contract
of employment with the Town;
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 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.
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, 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.
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 or of any municipal agency
over which he has the power to directly influence the policy or 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 county.
E.
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.
F.
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.
G.
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.
H.
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.
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 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.
