Pursuant to the provisions of § 806 of the General Municipal
Law, the Village Board of the Village of Springville 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 village government. It is the purpose
of this chapter to promulgate these rules of ethical conduct for the officers
and employees of the Village of Springville. These rules shall serve as a
guide for official conduct of the officers and employees of the Village of
Springville. 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:
INTEREST
A direct or indirect pecuniary or material benefit accruing to a
municipal officer or employee as the result of a contract with the municipality
which such officer or employee serves. For the purposes of this chapter, a
municipal officer or employee shall be deemed to have an "interest" in the
contract of his spouse, minor children and dependents, except a contract to
employment with the municipality which such officer or employee serves; a
firm, partnership or association of which such officer or employee is a member
or employee; a corporation of which such officer or employee is an officer,
director or employee; and a corporation, any stock of which is owned or controlled
directly or indirectly by such officer or employee.
OFFICER OR EMPLOYEE
An officer or employee of the Village of Springville, whether paid
or unpaid, including members of any administrative board, commission or other
agency thereof. No person shall be deemed to be a village "officer or employee"
solely by reason of being a volunteer fireman or civil defense volunteer.
Every officer or employee of the Village of Springville shall be subject
to and abide by the following standards of conduct:
A. Gifts. He shall not, directly or indirectly, solicit
any gift, having a value of $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 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.
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 before 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 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 in legislation. To the extent
that he knows thereof, a member of the Village Board and any officer or employee
of the Village of Springville, whether paid or unpaid, who participates in
the discussion or gives official opinion to the Village Board on any matter
officially before such 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 legislation.
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 Village of Springville 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 action consideration.
Nothing herein shall be deemed to bar or prevent the timely filing by
a present or former village officer or employee of any claim, account, demand
or suit against the Village of Springville 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 Springville shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the village 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.