Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees, Village of Albion, 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 officials of the Village of Albion. The rules shall serve as a guide for
official conduct for the officers and employees of the Village of Albion.
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.
For the purpose of this chapter, the terms used herein are defined as
follows:
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Albion, 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 fire chief or assistant fire chief.
[Amended 8-14-1996 by L.L. No. 5-1996]
Every officer or employee of the Village of Albion shall be subject
to and abide by the following standards of conduct:
A. Gifts. He or she shall not directly or indirectly solicit
any gifts 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 her or could be 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.
[Amended 8-14-1996 by L.L. No. 5-1996]
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 service to be rendered in relation to any matter before
any agency of this 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 Board of Trustees and any officer
of the Village of Albion, whether paid or unpaid, who participates in the
discussion or gives official record, shall disclose 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 investments directly or indirectly in any financial,
business, commercial or other private transaction which creates a conflict
with his or her official duties. Any member of the Board of Trustees and any
officer or employee of the Village of Albion shall, prior to any action that
may affect such investments, disclose such investments on the official record
of the Board of Trustees.
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 Village of Albion 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 Village of Albion, or by 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.
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.