Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Horseheads 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 Horseheads. These rules shall serve as a guide
for official conduct of the officers and employees of the Town of Horseheads.
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:
MUNICIPAL OFFICER OR EMPLOYEE
Any officer or employee of the Town of Horseheads, 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 fire fighter or civil defense volunteer,
except a Fire Chief or Assistant Fire Chief.
INTEREST
A direct or indirect pecuniary or material benefit accruing to a
town employee as the result of a contract with the town. For the purposes
of this chapter, a town employee shall be deemed to have an "interest" in
the contract of:
A.
His or her spouse, minor children and dependents, except a contract
of employment with the Town of Horseheads.
B.
A firm, partnership or association of which such town employee is a
member or employee.
C.
A corporation of which such town employee is an officer, director or
employee.
D.
A corporation, any stock of which is owned or controlled directly or
indirectly by such town employee.
Every officer or employee of the Town of Horseheads shall be subject
to and 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 seventy-five dollars
($75.) or more, 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 him
or her or could reasonably be expected to influence him or her in the performance
of his or her official duties or was intended as a reward for any official
action on his or her part.
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 prohibit the fixing
at any time of fees based upon the reasonable value of the 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 Horseheads, 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 service 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 Horseheads 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, account, demand
or suit against the Town of Horseheads 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.
The Supervisor of the Town of Horseheads shall cause a copy of this
Code of Ethics to be distributed to every officer and employee of the Town
of Horseheads within ten (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 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 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.