[HISTORY: Adopted by the Town Board of the
Town of Albion 10-20-2008 by L.L. No. 3-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol policy — See Ch. 4.
Rules of conduct — See Ch. 13.
Progressive discipline — See Ch. 17.
Harassment policy — See Ch. 19.
Officers and employees — See Ch. 25.
[1]
Editor's Note: This local law superseded former
Ch. 15 Ethics, Code of, adopted 1-6-1971, as amended.
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of the Town of Albion recognizes
that there are rules of ethical conduct for public elected and appointed
officials, officers and employees that must be observed if a high
degree of moral and ethical 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 put forth this Code of Ethics for
the employees, officers, and elected and appointed officials of the
Town of Albion. This code shall serve as a guide for official conduct
for the elected and appointed officials, officers and employees of
the Town of Albion. This code, as adopted, shall not conflict with
but shall be in addition to any prohibition of Article 18 of the General
Municipal Law and any other general or special law relating to ethical
conduct and interest in contracts of municipal elected and appointed
officials, officers and employees.
As used in this chapter, the following terms
shall have the meanings indicated:
A financial or material benefit accruing to a municipal elected
or appointed official, officer or employee, unless otherwise agreed.
An elected or appointed official, officer or employee of
the Town of Albion, whether paid or unpaid, including members of any
administrative board, commission or other agency thereof.
Every elected and appointed official, officer
or employee of the Town of Albion shall be subject to and abide by
the following Code of Ethics:
A.
Gifts. S/he shall not directly or indirectly solicit
any gifts or accept or receive any gift having a value of $25 or more,
whether in the form of money, services, loan, travel, entertainment,
hospitality, thing, promise, or any other form, under circumstances
in which it could reasonably be expected to influence him/her in the
performance of his/her official duties or was intended as a reward
for any official action on his/her part.
B.
Confidential information. S/he shall not disclose
confidential information acquired by him/her in the course of his/her
official duties or use such information to further his/her personal
interest or the personal interest of another.
C.
Representation before one's own agency. S/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 s/he is an elected and appointed official, officer,
or employee or of any municipal agency over which s/he has jurisdiction
or to which s/he has the power to appoint any member, elected and
appointed official, officer or employee.
D.
Representation before any agency for a contingent
fee. S/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/her municipality whereby his/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 s/he knows thereof, a member of the Board, any elected or appointed
official or officer of the Town of Albion, whether paid or unpaid,
who participates in the discussion of legislation must give official
record of the nature and extent of any direct or indirect financial
or other private interest s/he has in such legislation.
F.
Investments in conflict with official duties. S/he
shall not invest or hold any investment directly or indirectly in
any financial, business, commercial or other private transaction that
creates a conflict with his/her official duties. Any member of the
Board and any elected or appointed official, officer or employee of
the Town of Albion shall, prior to any action that may affect such
investments, disclose such investments on the official record of the
Board.
G.
Private employment. S/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/her official duties.
H.
Future employment. S/he shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Town of Albion in relation to any case, proceeding
or application in which s/he personally participated during the period
of his/her service or employment or that was under his/her active
consideration.
I.
An official must avoid circumstances that compromise
his/her ability to make decisions solely in the public interest or
create an appearance of impropriety.
J.
No official shall solicit political contributions
from subordinates or request that they attend political functions
or engage in any political activity.
Nothing herein shall be deemed to bar or prevent
the timely filing by a present or former municipal elected or appointed
official, officer or employee of any claim, account, demand or suit
against the Town of Albion or any agency thereof on behalf of himself/herself
or any member of his/her family arising out of any personal injury
or property damage or for any lawful benefit authorized or permitted
by law.
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 or be subject to the procedures outlined in the collective
bargaining agreements.
An official must recuse him/herself when faced
with the above conflicts. Recusal means that the official may not
deliberate, vote or participate in any way in that matter. The official
must disclose his/her conflict and remove himself/herself from the
board. S/he shall not provide input regarding the matter from the
audience in his/her capacity as a member of the public.
