[HISTORY: Adopted by the Town Board of the Town of Sardinia 8-8-1984. Amendments noted where applicable.]
A.Â
Pursuant to the mandate set forth in § 806 of the General
Municipal Law of the State of New York, the Town Board of Sardinia
realizes the need for a Code of Ethics and a Board of Ethics to review
said code. The Sardinia Town Board realizes that it is essential,
to maintain public confidence in government, that there be a published
and articulable set of rules and regulations establishing standards
of conduct, to provide sanctions for the nonobservance of such rules
and to provide for the avoidance of conflicts of interest of municipal
officers and municipal employees.
B.Â
The provisions contained herein are supplemental to any enjoined
acts, conflicts-of-interest provisions or procedures as set forth
in the statutes of the State of New York and also in addition to common
law rules and case law relating to the conduct of Town officers to
the extent that the same are more severe in their application than
this chapter.
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 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;
and a corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any board, counsel, commission, district or other agency,
department or unit of the government of Sardinia being comprised of
elected officials or persons appointed by the Town Board.
Any officer or employee of the Town of Sardinia, either paid
or unpaid, whether serving full-time or part-time or advisory capacity,
and this shall include both elected and appointed personnel. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No Town employee shall have any interest, be it financial or
not, direct or indirect, or pursue any business or transaction or
professional activity or incur any obligation whatsoever which is
in substantial conflict with the proper exercise, function and discharge
of his/her duties in the public domain and interest.
A.Â
The following is a list of acts which, by this Code of Ethics, are
prohibited. Said list is not meant to be all-inclusive but is indicative
of acts upon which disciplinary action may be had. No Town employee
shall:
(1)Â
Accept other employment which will interfere with his or her discretion
and/or independence of judgment in the exercise of his/her official
capacity.
(2)Â
Accept employment or pursue any other business or professional activity
which necessitates him or her to disclose or use for personal benefit
any confidential information gained by reason of his/her authority,
position or title.
(3)Â
Use, attempt or conspire to use his/her official position, influence
or title to secure any privileges or exemptions to himself/herself
or for the benefit of others.
(4)Â
Engage in any transaction as an official, representative or agent
of the Town with any business entity, be it a sole proprietorship,
joint venture, partnership or corporation, in which he or she has
a direct or indirect financial interest that, upon examination, may
tend to be in conflict with the proper and reasonable discharge and
exercise of his/her official capacity.
(5)Â
By his or her conduct give any basis for indication to form an impression
that he/she is susceptible or liable to be improperly influenced or
that he/she is affected by the rank, title, position, capacity, influence
or relationship of any party or person.
(6)Â
Make personal investments and enterprises, business or the like that
he or she believes is or may become directly or indirectly involved
in decisions to be made by him or her or for which otherwise creates
a conflict of interest between his/her duty as a public official and
his/her private interest.
(7)Â
Pursue a course of conduct which will raise suspicion or concern
among the public that he/she is engaging or is likely to be engaging
in acts of violation of his/her trust.
(8)Â
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, service, loan,
travel, entertainment, hospitality, thing or promise, or in 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
B.Â
No Town employee, either full-time or part-time, nor any firm or
association of which such an employee is a member, nor any corporation
or partnership, a substantial portion of the stock or ownership of
which is owned or controlled directly or indirectly by such an employee,
shall sell goods or services to any person, firm, corporation or association
licensed or whose rates are fixed by the Town herein in which such
employee serves or is employed. Should it be found that any Town employee
has a direct or indirect financial interest in or is related by blood,
marriage or the like to any principal owner or agent of a firm doing
business with or likely to do business with the Town, he shall disclose
such relationship to the Town Board.
Any such Town employee who shall knowingly and intentionally
violate any provisions contained in this chapter is automatically
subject to § 805 of the General Municipal Law of the State
of New York, providing that an intentional violation knowingly of
Article 18 of the General Municipal Law is a misdemeanor and that,
under the provision of this chapter, a Town employee, if found guilty,
will be fined, suspended or removed from office or other employment
pursuant to law.
Pursuant to § 808 of the General Municipal Law of
the State of New York, the governing body of the Town may establish
a Board of Ethics and, where such governing body is so authorized,
appropriate moneys for maintenance and personal services in connection
therewith. Therefore, on the basis of the above statute, the Sardinia
Town Board does hereby establish a Board of Ethics consisting of three
members to be chosen by the Town Board, all of whom reside within
the Town of Sardinia, to serve without compensation and at the pleasure
of the Sardinia Town Board. The majority of the Board shall be persons
other than Town employees as defined herein, but shall include at
least one person who is an elected or appointed Town employee of the
Town of Sardinia. The Board of Ethics established herein is for the
purpose of giving advisory opinions to Town employees, upon written
request by same, and the Board of Ethics may, upon request of the
Town Board, make recommendations to the Town Board as to any proposed
changes or amendments to this chapter. It is understood that the opinions
of the Board of Ethics shall be strictly advisory in nature and confidential,
and at no time shall the identity of the Town employee making the
request for an opinion to the Board of Ethics be disclosed, except
to authorized persons and agencies as determined by the Board of Ethics.
Such opinions may be on the advice of counsel employed by the Board
of Ethics or by the Town Attorney.
[Amended 8-26-1989 by L.L. No. 4-1989]
A.Â
The Board of Ethics shall accept written requests for opinions concerning
the possible violation of the Sardinia Code of Ethics and/or Article
18 of the General Municipal Law by the activities and/or interests
of Town officers and employees in the following circumstances, and
only in the following circumstances:
B.Â
Requests by the Town Board may involve either inquiries initiated
by the Town Board itself or inquiries which the Town Board has received
from a member of the public in the form of a signed and dated written
inquiry bearing the signer's residence address and which the
Town Board has referred to the Board of Ethics, accompanied by the
Town Board's own request that the Board of Ethics consider the
matter and render an advisory opinion. In no event shall the Board
of Ethics render any advisory opinions on its own initiative or in
response to inquiries received directly from members of the public.
C.Â
In considering such requests, the Board of Ethics shall follow the
following procedures:
(1)Â
If any request involves the activities or interests of any member
of the Board of Ethics, the Town Board shall appoint a temporary replacement
to sit in such member's place.
(2)Â
The Board shall afford individuals whose activities and interests
are involved in the request an opportunity to appear before the Board
and be heard, unless the Board concludes that, on the face of the
request, the activities and/or interests in question clearly involve
no violation of the Code of Ethics or Article 18 of the General Municipal
Law. The Board also may afford an opportunity to appear and be heard
to such other persons as the Board, in its discretion, feels might
provide information useful in considering the request.
(3)Â
In considering requests and preparing advisory opinions, the Board
shall have the advice of the Town Attorney.
(4)Â
Advisory opinions requested under Subsection A(1) above shall be rendered to the party making the request and, if the opinion concludes that there has been an actual violation of the Code of Ethics and/or Article 18 of the General Municipal Law, a copy thereof shall be provided to the Town Board. Advisory opinions requested under Subsection A(2) above shall be rendered to the Town Board.
The Board of Ethics is hereby empowered to establish and make
known its own rules and regulations as to its procedures and form,
and there shall be adequate and appropriate records of its opinions
and proceedings kept.
It is recognized and understood that the County of Erie has
had a Board of Ethics in existence since December 29, 1970. It is
hereby also understood that this Board may, at its opinion, refer
matters to the County Board of Ethics.
Pursuant to § 806, Subdivision 2, of the General Municipal
Law of the State of New York, the Town Supervisor shall, upon adoption
of this chapter, forward a copy of the Code of Ethics to every officer
and employee of this municipality, be said officer and employee elected
or appointed. The failure to distribute any such copy or failure of
any officer to receive such copy shall have no effect on the immediate
compliance with this Code of Ethics, nor would the enforcement of
the provisions contained therein. The Town Supervisor shall cause
a copy of this chapter to be kept posted in each public building under
the jurisdiction of the municipality and in a place conspicuous to
its officers and employees. Failure to comply with this provision
shall have no effect on the duty of officers and employees to comply
with this code, nor would the enforcement of the provisions therein.[1]
