[Amended 7-16-2008 by L.L. No.
4-2008]
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 Village. 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 of employment
with the Village; 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.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Naples, Ontario
County, New York, whether paid or unpaid, including members of any
administrative board, commission or other agency thereof. No persons
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.
Every municipal officer or employee of the Village
of Naples, Ontario County, New York, shall be subject to and 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 of $25 or more,
whether in the form of money, services, loan, travel, entertainment
or hospitality, thing, or promise or other form, under circumstances
in which it could reasonably be expected to influence him in the performance
of his official duties, or 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 interests.
C. Representation before one's own agency. He shall not
receive or enter into any agreement, expressed 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 his municipality whereby his compensation
is to be dependent or contingent upon any action by such agency with
respect to such matters, provided that this subsection shall not prohibit
the fixing at any time of fees based upon the reasonable value of
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 Naples, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Village
Board on any legislation before the Village 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 interest 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 Naples, Ontario County, New York,
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 Naples,
or any agency thereof, on behalf of himself or any member of his family,
arising out of any personal injury or property damage or any lawful
benefit authorized or permitted by law.
[Amended 7-16-2008 by L.L. No. 4-2008]
The Mayor of the Village of Naples shall cause
a copy of this Code of Ethics to be distributed to every officer or
employee of the Village of Naples within 10 days after the effective
date of this chapter. Each officer or employee elected, appointed
or hired after the effective date of this chapter shall be furnished
a copy before entering upon his duties. 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 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 code shall be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.