[HISTORY: Adopted by the Board of Trustees of the Village of Waterford 6-14-2000.
Amendments noted where applicable.]
When used in this Code of Ethics and unless otherwise expressly stated
or unless the context otherwise requires, the following terms shall have the
meanings indicated:
A comptroller, commissioner of finance, director of finance, treasurer
or other officer possessing similar powers and duties.
Any claim, account or demand against or agreement with the Village
of Waterford, express or implied, and shall include the designation of a depository
of public funds and 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.
A direct or indirect pecuniary or material benefit accruing to a
village officer or employee as the result of a contract with the village.
An officer or employee of the village, 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.
Includes the Village Board and all municipal boards and commissions
or departments now existing or hereafter created in the Village of Waterford.
A village officer or employee shall not use his or her official position
or office, or take or fail to take any action, in a manner which he or she
knows or has reason to know may result in a personal financial benefit for
any of the following persons:
A.
The village officer or employee;
B.
His or her outside employer or business;
C.
A member of his or her household;
D.
A customer or client;
E.
A relative; or
F.
A person from whom the officer or employee has received
election campaign contributions of more than $1,000 in the aggregate during
the past 12 months.
A village officer or employee shall promptly recuse himself or herself from acting on a matter before the village when acting on the matter, or failing to act on the matter, may financially benefit any of the persons listed in § 19-2.
No village officer or employee shall have an interest in any contract
with the Village of Waterford when such officer or employee, individually
or as a member of a board, has the power or duty to negotiate, prepare, authorize
or approve the contract or authorize or approve payment thereunder, audit
bills or claims under the contract or appoint an officer or employee who has
any of the powers or duties set forth above, and no chief fiscal officer,
treasurer or his deputy or employee shall have an interest in a bank or trust
company designated as a depository, paying agent, registration agent or for
investment of funds of the municipality of which he is an officer or employee.
The provisions of this section shall in no event be construed to preclude
the payment of lawful compensation and necessary expenses of any municipal
officer or employee in one or more positions of public employment, the holding
of which is not prohibited by law.
A.
Any municipal officer or employee who has, will have
or later acquires an interest in any actual or proposed contract with the
municipality of which he is an officer or employee, or who has any interest
in any legislation pending before the Village Board, shall publicly disclose
the nature and extent of such interest in writing to the Village Board as
soon as he has knowledge of such actual or prospective interest. Such written
disclosure shall be made part of and set forth in the official record of the
proceedings the Village Board. Once disclosure has been made by an officer
or employee with respect to an interest in a contract with a particular person,
firm, corporation or association, no further disclosures need be made by such
officer or employee with respect to additional contracts with the same party
during the remainder of the fiscal year.
B.
Notwithstanding the provisions of Subsection A of this section, disclosure shall not be required in the case of an interest in the following contracts:
(1)
A contract with a corporation in which a 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;
(2)
A contract for the furnishing of public utility services
when the rates or charges therefor are fixed or regulated by the Public Service
Commission;
(3)
A contract for the payment of a reasonable rental of
a room or rooms owned or leased by an officer or employee when the same are
used in the performance of his official duties and are so designated as an
office or chamber;
(4)
A contract for the payment of a portion of the compensation
of a private employee of an officer when such employee performs part-time
service in the official duties of the office;
(5)
A contract in which a municipal officer or employee has
an interest if the total consideration payable thereunder, when added to the
aggregate amount of all consideration payable under contracts in which such
person had an interest during the fiscal year, does not exceed the sum of
$750.
(6)
A contract with a member of a private industry council
established in accordance with the Federal Job Training Partnership Act or
any firm, corporation or association in which such member holds an interest,
provided the member discloses such interest to the council and the member
does not vote on the contract.
A village officer or employee shall not solicit anything of value from
any person who has received or sought a financial benefit from the village,
nor accept anything of value from any person who the village officer or employee
knows or has reason to know has received or sought a financial benefit from
the village within the previous 24 months.
A village officer or employee shall not represent any other person in
any matter that person has before the village nor represent any other person
in any matter against the interests of the village.
A village officer or employee shall not appear before any agency of
the village except on his or her own behalf or on behalf of the village.
Village officers and employees and former village officers and employees
shall not disclose any confidential information or use it to further anyone's
personal interests.
A village officer or employee shall not knowingly request or knowingly
authorize anyone else to request any subordinate of the officer or employee
to participate in an election campaign or contribute to a political committee.
A village officer or employee shall not appear or practice before the
village, except on his or her own behalf, or receive compensation for working
on any matter before the village for a period of one year after the termination
of his or her village service or employment; however, the bar shall be permanent
as to particular matters on which the village officer or employee personally
worked while in village service.
Village officers and employees shall not knowingly acquire, solicit,
negotiate for, or accept any interest, employment or other thing of value
which would put them in violation of this Code of Ethics.
A village officer or employee shall not induce or aid another officer
or employee of the village to violate any of the provisions of this Code of
Ethics.
Whenever a village officer or employee is required to recuse himself
or herself under this Code of Ethics, he or she shall:
A.
Promptly inform his or her superior, if any;
B.
Promptly file with the Village Clerk a signed statement
disclosing the nature and extent of the prohibited action or, if a member
of a board, shall state that information upon the public record of the board;
and
C.
Immediately refrain from participating further in the
matter.
