Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Tully
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 employees
of the Town of Tully. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Tully. 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 pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Town of Tully, 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 Chief Engineer or Assistant Chief
Engineer.
Every officer or employee of the Town of Tully
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 in excess of
that amount set forth in Subdivision 1 of § 805-a of the
General Municipal Law, 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 for, express or implied, 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 for, express
or implied, 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 Town Board and any officer
or employee of the Town of Tully, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Town Board on any
legislation before the Town 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 Town of Tully 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 Town of Tully 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 Supervisor of the Town of Tully
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the Town 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; provided, however, that the failure of
the Mayor to distribute a copy of the code to an employee or officer
shall not excuse such employee or officer from compliance with the
code.
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.