[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights 7-20-1993. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Elmira Heights 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 Village of Elmira Heights. These rules
shall serve as a guide for the official conduct of the officers and employees
of the Village of Elmira Heights. 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
or employees.
As used in this chapter, the following terms shall have the meanings
indicated:
A direct or indirect pecuniary or material benefit accruing to a
municipal officer or employee as the result of a contract with the municipality
which such officer or employee serves. For the purposes of this chapter, a
municipal officer or employee shall be deemed to have an "interest" in the
contract of:
A.
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee serves.
B.
A firm, partnership or association of which such officer
or employee is a member or employee.
C.
A corporation of which such officer or employee is an
officer, director or employee.
D.
MUNICIPAL OFFICER OR EMPLOYEE
A corporation, any stock of which is owned or controlled
directly or indirectly by such officer or employee.
An officer or employee of the Village of Elmira Heights, 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 Fire Chief or Assistant Fire Chief.[2]
Every officer or employee of the Village of Elmira Heights shall be
subject to and abide by the following standards of conduct.
A.
Gifts. He or she shall not directly or indirectly solicit
any gift 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 in the performance of his or her official
duties or was intended as a reward for any official action on his or her part.
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 services to be rendered in relation to any matter before
any agency of his or her 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
or employee of the Village of Elmira Heights, 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 or she has in such legislation.
F.
Investments in conflict with official duties. He or she
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 or her official duties.
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 Elmira Heights 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 Elmira Heights or 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.
The Chief Executive Officer of the Village of Elmira Heights shall cause
a copy of this Code of Ethics to be distributed to every officer and employee
of the Village of Elmira Heights within 90 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 or her office or
employment. 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 knowingly and intentionally violating 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.
