A.
No
officer or employee shall have any interest, financial or otherwise,
or engage or invest in any business or transaction or professional
activity, or incur any obligation of any nature, which is in conflict
with the proper discharge of his duties in the public interest. To
this end, no officer or employee shall:
(1)
Be or become interested directly or indirectly in any manner whatsoever
in any business or professional dealings with the Village of Massena
or any agency thereof.
(2)
Act as attorney, agent, broker, employee or representative in business
or professional dealings with the Village of Massena or any agency
thereof for himself or any person, firm or corporation, directly or
indirectly.
B.
This
section does not prohibit a municipal officer or employee from acquiring
any other investments not in conflict with this section, including,
but not limited, to the following assets:
A.
No officer or employee shall accept other employment or engage in
any business transaction which will impair his independence or judgment
in the exercise of his official duties or create a conflict of interest
with his official duties.
B.
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:
(1)
Can be reasonably expected to require more than sporadic recusal and abstention pursuant to Article VI of this Code;
(2)
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
(3)
Violates § 805-a(1)(c) or (d) of the General Municipal
Law; or
(4)
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.
No municipal officer or employee shall use or attempt to 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.
No officer or employee shall by his conduct give a reasonable
basis for the impression that any person can improperly influence
him or unduly enjoy his favor in the performance of his official duties,
or that he is affected by the kinship, rank, position or influence
of any party or person.
No officer or employee shall receive or enter into any agreement,
express or implied, for compensation for services to be rendered in
relation to any case, proceeding, application or any other matter
before any Village agency.
A.
Municipal resources shall be used for lawful municipal purposes only.
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, except as follows:
(1)
Any use of municipal resources specifically 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 occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters.
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 in an official
capacity, may participate in any interview or decision to appoint,
hire, promote, discipline or discharge a relative for or from 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 the relative's 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.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring, 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 the giving, withholding
or neglecting to make any contribution of money, service or any other
thing of value 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 is in the course of exercising or performing
his or her official powers and duties.
A.
Notwithstanding any provision to the contrary in this article, any
person serving the Village or any agency thereof without compensation
shall not be deemed to be in violation of this article unless such
interest is in conflict with the proper discharge of his official
duties.
B.
The provisions of this article shall not apply to the designation
of a bank or trust company as a depository, paying agency, registration
agent or other investment in the funds of the Village in which the
municipal officer or employee has an interest by reason of stock holdings
when less than 5% of the outstanding stock of the corporation is owned
or controlled directly or indirectly by such officer or employee,
except when the chief fiscal officer or his deputy or employees have
an interest in such bank or trust company.
C.
The provisions of this article shall not apply to the designation
of a newspaper, including, but not limited to, an official newspaper,
for the publication of any notice, resolution, ordinance or other
proceeding, where such publication is required or authorized by law.
D.
No conflict shall be deemed to arise under this chapter by virtue
of stock ownership where such ownership constitutes less than 5% of
the outstanding stock of the corporation involved.
E.
Where a member of a body, serving without pay, appointed by the Village
Board, enters into a contract with the Village for the performance
of services or sale of goods or equipment, which contract does not
appertain to or involve dealings with the body upon which said member
is serving, the Ethics Board may find that said contract creates only
a technical conflict and may advise that such a conflict is not a
violation of the Code of Ethics. Before the appointment of a member
to a body, the Board of Ethics shall have the duty to give an opinion
on the facts to be submitted by the appointing officer with respect
to possible conflicts and shall have the discretionary power to hold
that a technical conflict of interest does not disqualify a particular
person from serving.
F.
This Code shall not be construed as prohibiting a municipal officer
or employee from:
