Pursuant to the provisions of § 806
of the General Municipal Law, the Council of the City of Jamestown
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 City of Jamestown. These rules shall serve as a guide for official
conduct of the officers and employees of the City of Jamestown. 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 direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as a result of a contract with
the municipality which such officer or employee serves. A municipal
officer or employee shall be deemed to have an interest in the contract
of:
[Amended 8-10-1992 by L.L. No. 2-1992]
A.
A 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 is a member or employee;
C.
A corporation of which such officer or employee
is an officer, director or employee; and
D.
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 City of Jamestown, 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.
[Amended 8-10-1992 by L.L. No. 2-1992; 11-30-2020]
Every officer or employee of the City of Jamestown
shall be subject to and abide by the following standards of conduct:
A. Gifts. They shall not directly or indirectly solicit
any gift nor accept or receive 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 them or could reasonably be expected to influence them
in the performance of their official duties or was intended as a reward
for any official action on their part.
B. Confidential information. They shall not disclose
confidential information acquired by them in the course of their official
duties or use such information to further their personal interest.
C. Representation before one's own agency. They 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 they are an officer, member or employee or of any
municipal agency over which they have jurisdiction or to which they
have the power to appoint any member, officer or employee.
D. Representation before any agency for a contingent
fee. They 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 their municipality whereby their
compensation is to be dependent or contingent upon any action by such
an 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 they know thereof, a member of the Council and any officer or
employee of the City of Jamestown, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Council on any
legislation before the Council shall publicly disclose on the official
record the nature and extent of any direct or indirect financial or
other private interest they have in such legislation.
F. Investments in conflict with official duties. They
shall not invest or hold any investment, directly or indirectly, in
any financial business, commercial or other private transaction which
creates a conflict with their official duties.
G. Private employment. They 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 their official duties.
H. Future employment. They shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the City of Jamestown in relation to any case,
proceeding or application in which they personally participated during
the period of their service or employment or which was under their
active consideration.
[Amended 11-30-2020]
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 City of Jamestown
or any agency thereof on behalf of themselves or any member of their
family arising out of any personal injury or property damage or for
any lawful benefit authorized or permitted by law.
[Amended 11-30-2020]
The Mayor of the City of Jamestown shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the City within 60 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 their
office or employment.
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.