Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Marcellus 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 the 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
Town of Marcellus. These rules shall serve as a guide for the official
conduct of the officers and employees of the Town of Marcellus. The
rules of ethical conduct of this chapter as adopted, shall not conflict
with, but shall be in addition to any prohibition of the 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:
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the Town. 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. I)]
A.
The employee's 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 Marcellus, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every officer or employee of the Town of Marcellus shall be
subject to the abide by the following standards of conduct.
A. Gifts. He or she 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, 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
the officer or employee, or could reasonably be expected to influence
the officer or employee in the performance of his/her official duties
or was intended as a reward for any official action on his/her part.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Confidential information. He or she shall not disclose confidential
information acquired by him or her in the course of his or her official
duties or use such information to further his or her personal interest.
C. Representation before one's own agency. He or she 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 or she is an officer, member or employee or of
any municipal agency over which he or she has jurisdiction or to which
he or she has the power to appoint any member, officer or employee.
D. Representation before any agency for a contingent fee. He or she
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 or her municipality, whereby his or her compensation
is to be dependent or contingent upon any action by such agency with
respect to such matter, provided that this subsection shall not be
prohibit the fixing at any time of fees based upon the reasonable
value of services rendered.
E. Disclosure of interest in legislation. To the extent that he or she
knows thereof, a member of the Town Board and any officer or employee
of the Town of Marcellus, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Town Board on any
legislation before the Town Board shall publicly disclose on the official
record the nature and extent of any direct or indirect financial or
other private interest he or she has in such legislation.
F. Investments in conflict with official duties. He or she 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 or her official duties.
G. Private employment. He or she shall not engage in, solicit, negotiate
for or promise to accept private employment or render services for
private interests when such employment or services creates a conflict
with or impairs the proper discharge of his or her official duties.
H. Future employment. He or she shall not, after the termination of
service or employment with such municipality, appear before any board
or agency of the Town of Marcellus in relation to any case, proceeding
or application in which he or she personally participated during the
period of his or her service or employment or which was under his
or her 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, demand or suit against the Town of Marcellus, or any agency
thereof on behalf of himself or herself or any member of his or her
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. I)]
The Supervisor of the Town of Marcellus shall cause a copy of
this code of ethics to be distributed to every officer and employee
of the Town of Marcellus within 10 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 or
her office of 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.