[HISTORY: Adopted by the Board of Trustees
of the Village of South Glens Falls 9-16-1970 by resolution.[1] Sections 9-3A and F and 9-5 amended at time of
adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments
noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 35.
[1]
Editor's Note: This resolution previously
appeared as Ch. 8 of the 1977 Code of the Village of South Glens Falls.
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of South Glens Falls 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 Village of South Glens Falls. These
rules shall serve as a guide for official conduct of the officers
and employees of the Village of South Glens Falls. 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 pecuniary or material benefit accruing to an officer or
employee of the Village of South Glens Falls, including a pecuniary
or material benefit accruing to the officer's or employee's spouse,
minor children and dependents or a firm, partnership or association
of which such officer or employee is a member.
An officer or employee of the Village of South Glens Falls,
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 Village of
South Glens Falls shall be subject to and shall abide by the following
standards of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift or accept or receive any gift having a value greater than
that specified by § 805-a of the General Municipal Law,
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 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.[1]
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, express 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, express or
implied, for compensation for services to be rendered in relation
to any matter before any agency of this 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 in legislation. To the extent
that he knows thereof, a member of the Board of Trustees and any officer
or employee of the Village of South Glens Falls, whether paid or unpaid,
who participates in the discussion or gives official opinion to the
Board of Trustees on any legislation before the Board of Trustees
shall publicly disclose on the official record the nature and extent
of any direct or indirect financial or other private interest he has
in such legislation.
F.
Disclosure of interest in certain applications. A
member of any board, commission, committee or individual representing
the Village of South Glens Falls, and any officer or employee of the
Village of South Glens Falls, whether paid or unpaid. who participates
in the discussion or gives official opinion to the Planning Board
on any application for review before the Planning Board shall publicly
disclose on the official record the nature and extent of any direct
or indirect financial or other private interest he has in such application.[2]
G.
Disclosure of employment of relatives. No person who
is related by blood or marriage to a public officer or department
head of the Village of South Glens Falls shall be employed by said
public officer or department head before publicly disclosing the name,
relationship and proposed employment to the Board of Trustees and
upon consent of a majority of said Board at a duly held meeting thereof.
H.
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.
I.
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.
J.
Future employment. He shall not, after the termination
of service or employment with the Village of South Glens Falls, appear
before any board or agency of the Village of South Glens Falls 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 Village of South
Glens Falls 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.
The Mayor of the Village of South Glens Falls
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the Village of South Glens Falls 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 such code,
nor 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 chapter may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
