[HISTORY: Adopted by the Town Board of the
Town of Webster 10-1-1970 by L.L. No. 4-1970 (Ch. 28 of the 1991
Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Webster
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 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 Webster. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Webster. The
rules of ethical conduct of this chapter, as adopted, shall not conflict
with but shall be in addition to any prohibition of 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:
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 a)
his 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, unless the context otherwise
requires.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An officer or employee of the Town of Webster, whether paid
or unpaid, including members of any administrative board, commission
or other agency thereof. 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 chief engineer or assistant chief
engineer.
Every officer or employee of the Town of Webster
shall be subject to and abide by the following standards of conduct:
A.
Gifts. No municipal
officer or employee shall directly or indirectly solicit any gift
or accept or receive any gift exceeding, or greater than, that value
set forth in § 805 a, Article 18 of the New York State General
Municipal Law (the "Ethics in Government Act") , as amended from time
to time, whether in the form of money, services, loan, travel, entertainment,
hospitality, thing or promise or any other form, under circumstances
in which it could reasonably be inferred that the gift was intended
to influence such officer or employee or could reasonably be expected
to influence such officer or employee in the performance of the officer's
or employee's official duties or was intended as a reward for any
official action thereby.
[Amended 11-6-2008 by L.L. No. 5-2008]
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,
expressed 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.
D.
Representation
before any agency for a contingent fee. He shall not receive or enter
into any agreement, expressed 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.
E.
Disclosure of interest.
To the extent he knows thereof, any officer or employee of the town
and any member of any board or agency thereof, whether paid or unpaid,
who participated in the discussion or gives an official opinion to
any board or agency of the town on any legislation, administration
or other action before such board or agency shall publicly disclose
on the official record the nature and extent of any interest he has
in such action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
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.
G.
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.
H.
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
Webster 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 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, account, demand or suit against the Town of Webster
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Supervisor of the Town of Webster shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the town within 30 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 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 this article, nor with the enforcement of
the 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.
