[HISTORY: Adopted by the City Council of the City of Ogdensburg 7-8-2019 by Ord. No. 9-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 27,
Ethics, Code of, adopted 12-15-1975 as Ch. 104 of the 1975 Ogdensburg
Municipal Code, as amended.
Officers and employees of the City of Ogdensburg hold their
positions to serve and benefit the public, and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Ogdensburg City Council recognizes
that, in furtherance of this fundamental principle, there is a need
for clear and reasonable standards of ethical conduct. This Code of
Ethics establishes those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
The governing board of a municipality and any municipal administrative
board (e.g., Planning Board, Zoning Board of Appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
This Code of Ethics.
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he or she, his
or her spouse, or a member of his or her household is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
The City of Ogdensburg. The word "municipal" refers to the
municipality.
A paid or unpaid officer or employee of the City of Ogdensburg,
including, but not limited to, the members of any municipal board.
A spouse, child, stepchild, parent, stepparent, brother,
sister, stepsibling, sibling's spouse, mother-in-law, father-in-law,
sister-in-law, brother-in-law, son-in-law, daughter-in-law, uncle,
aunt, nephew, niece, first cousin, domestic partner or other household
member of a municipal officer or employee, and individuals having
any of these relationships to the spouse of the officer or employee.
This Code of Ethics applies to the officers and employees of
the City of Ogdensburg, and shall supersede any prior municipal code
of ethics. The provisions of this Code of Ethics shall apply in addition
to all applicable state and local laws relating to conflicts of interest
and ethics, including, but not limited to, Article 18 of the General
Municipal Law and all rules, regulations, policies and procedures
of the City of Ogdensburg.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any private organization
in which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before
a municipal officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
relative, or any private organization in which he or she is deemed
to have an interest, the municipal officer or employee shall disclose,
in writing, the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the municipal officer or employee, or when the
municipal officer or employee first acquires knowledge of the interest
requiring disclosure, whichever is earlier.
C.
In the case of a person serving in an elective office, the disclosure
shall be filed with the governing board of the municipality. In all
other cases, the disclosure shall be filed with the person's
supervisor or, if the person does not have a supervisor, the disclosure
shall be filed with the municipal officer, employee or board having
the power to appoint to the person's position. In addition, in
the case of a person serving on a municipal board, a copy of the disclosure
shall be filed with the board. Any disclosure made to a board shall
be made publicly at a meeting of the board and must be included in
the minutes of the meeting.
A.
No municipal officer or employee may participate in any decision
or take any official action with respect to any matter requiring the
exercise of discretion, including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board; or
(2)
If the power or duty that is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer does not have a deputy, the power or duty
shall be performed by another person to whom the officer may lawfully
delegate the function.
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position (§ 27-4), disclosure requirements (§ 27-5), and requirements relating to recusal and abstention (§ 27-6), shall not apply with respect to the following matters:
A.
No municipal officer or employee may acquire the following investments:
B.
This section does not prohibit a municipal officer or employee from
acquiring any other investments or the following assets:
(1)
Real property located within the municipality and used as his or
her personal residence;
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the municipality and acquired more than
one year after the date on which the bonds or notes were originally
issued.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A.
Can be reasonably expected to require more than sporadic recusal and abstention pursuant to § 27-6 of this code;
B.
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C.
Violates § 805-a(1)(c) or (d) of the General Municipal
Law; or
D.
Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
A.
No municipal officer or employee may ask for, pursue or accept a
private post-government employment opportunity with any person or
organization that has a matter requiring the exercise of discretion
pending before the municipal officer or employee, either individually
or as a member of a board, while the matter is pending or within the
30 days following final disposition of the matter.
B.
No municipal officer or employee, for the one-year period after serving
as a municipal officer or employee, may represent or render services
to a private person or organization in connection with any matter
involving the exercise of discretion before the municipal office,
board, department or comparable organizational unit for which he or
she serves.
C.
No municipal officer or employee, at any time after serving as a
municipal officer or employee, may represent or render services to
a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A.
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel
and the municipality's money, vehicles, equipment, materials,
supplies or other property.
B.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The incidental use during the business day of municipal telephones
and computers for necessary personal matters such as family care and
changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by § 803 of the General Municipal Law.
Except as otherwise required by law:
A.
No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the municipality or a municipal board.
B.
No municipal officer or employee may directly supervise a relative
in the performance of their official powers or duties.
A.
No municipal officer or employee shall directly or indirectly compel
or induce a subordinate municipal officer or employee to make, or
promise to make, any political contribution, whether by gift of money,
service or other thing of value, including endorsing a specific candidate
or party or signing a petition.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any municipal officer or employee, or an applicant for a position
as a municipal officer or employee, on the basis of giving or withholding
or neglecting to make any contribution of money or service or any
other valuable thing for any political purpose.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.
A.
Definition. For purposes of this section, a "gift" includes anything
of value, whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail
cost of the item or a comparable item. The fair market value of a
ticket entitling the holder to food, refreshments, entertainment,
or any other benefit is the face value of the ticket, or the actual
cost to the donor, whichever is greater. Determination of whether
multiple gifts from a single donor exceed $75 must be made by adding
together the value of all gifts received from the donor by an officer
or employee during the twelve-month period preceding the receipt of
the most recent gift.
B.
Solicitation/acceptance/receipt of gifts.
(1)
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a(1)(a) of the General Municipal
Law as interpreted in this section.
(2)
No municipal officer or employee may directly or indirectly solicit
any gift for personal use or gain.
(3)
No municipal officer or employee, for personal use or gain, may accept
or receive any gift (including cash, checks, gift cards/certificates,
or any other item of value), or multiple gifts from the same donor,
when:
(a)
The gift reasonably appears to be intended to influence the
officer or employee in the exercise or performance of his or her official
powers or duties;
(b)
The gift could reasonably be expected to influence the officer
or employee in the exercise or performance of his or her official
powers or duties; or
(c)
The gift is intended as a reward for any official action on
the part of the officer or employee.
C.
Perceived intent.
(1)
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his or her official powers
or duties when the gift is from a private person or organization that
seeks municipal action involving the exercise of discretion by or
with the participation of the officer or employee.
(2)
A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding 12 months.
D.
Allowable gifts. This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as
a municipal officer or employee, is the primary motivating factor
for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, notepads, and calendars;
(5)
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee
or other service to the community; or
(6)
Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional or educational
conference or program and the meals and refreshments are made available
to all participants.
A.
The Ogdensburg City Clerk must promptly cause a copy of this Code
of Ethics, and a copy of any amendment to this code, to be posted
publicly and conspicuously in each building under the municipality's
control. The code must be posted within 10 days following the date
on which the code takes effect. An amendment to the code must be posted
within 10 days following the date on which the amendment takes effect.
B.
The Ogdensburg City Clerk must promptly cause a copy of this Code
of Ethics, including any amendments to the code, to be distributed
to every person who is or becomes an officer or employee of the City
of Ogdensburg.
C.
Every municipal officer or employee who receives a copy of this Code
of Ethics or an amendment to the code must acknowledge such receipt
in writing. Such acknowledgments must be filed with the Ogdensburg
City Clerk, who must maintain such acknowledgments as a public record.
D.
The failure to post this code or an amendment to the code does not
affect either the applicability or enforceability of the code or the
amendment. The failure of a municipal officer or employee to receive
a copy of this Code of Ethics or an amendment to the code, or to acknowledge
receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.
This chapter shall take effect 10 days after publication of
notice that shall give the title and describe same in summary form.
