[HISTORY: Adopted by the Town Board of the
Town of Chautauqua as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-9-1970]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Chautauqua
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 article to
promulgate these rules of ethical conduct for the officers and employees
of the Town of Chautauqua. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Chautauqua.
The rules of ethical conduct of this article, 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 article, the following terms
shall have the meanings indicated:
Any interest, whether direct or indirect, financial, material
or otherwise, that results from a contract, except a contract of employment
with the Town of Chautauqua; a business or professional transaction
or any transaction with the Town of Chautauqua and accruing to:
[Amended 2-8-1993 by L.L. No. 1-1993; 5-18-1998 by L.L. No.
2-1998]
A Town officer or employee, his spouse, children,
stepchildren or dependents, parent, grandparent, brother, sister,
brother-in-law or sister-in-law.
A firm, partnership or association of which
a Town officer or employee is a member or employee.
A corporation of which such Town officer or
employee is an officer, director or employee.
A corporation, any stock of which is accrued
or controlled directly or indirectly by such Town officer or employee.
An officer or employee of the Town of Chautauqua, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a Town (or
municipal) officer or employee solely by reason of being an election
inspector or a volunteer fireman or civil defense volunteer, except
a chief engineer.
[Amended 5-18-1998 by L.L. No. 2-1998]
Every officer or employee of the Town of Chautauqua
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 $75 or more,
whether in the form of money, service, 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.
[Amended 2-8-1993 by L.L. No. 1-1993]
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, express 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 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 Chautauqua, 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.
Employment of family members. No elected official,
department head or other employee shall use or attempt to use his
or her official position to secure employment for a spouse, child,
stepchild or dependent, parent, grandparent, brother, sister, brother-in-law
or sister-in-law or otherwise conduct himself or herself in a manner
that creates an inference of nepotism.
[Amended 5-18-1998 by L.L. No. 2-1998]
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.
[Amended 5-18-1998 by L.L. No. 2-1998]
(1)
He shall not, within one year after the termination
of service or employment with such municipality, appear before any
board or agency of the Town of Chautauqua 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, unless so requested specifically by the Town of Chautauqua.
(2)
No Town officer or employee, within one year after
the termination of his service or employment with the Town, shall
accept employment which will involve contact with the Town, which
can work to his special advantage by virtue of his private contact
and relationship with the Town.
I.
Prohibited use of Town property. No Town officer or
employee shall request or permit the use of Town-owned vehicles, equipment,
materials or property for personal convenience or profit of himself
or any other person, except, however, when such property, vehicles,
equipment, material or services are available to the public generally,
or which are provided as a matter of Town policy for the use of officers
or employees in the conduct of their official business.
[Added 5-18-1998 by L.L. No. 2-1998]
J.
Recusal. No Town officer or employee, acting in his
official capacity, shall take action or participate in any manner
whatsoever in the discussion, negotiation or awarding of any contract
or in any business or professional dealings with the Town which the
officer or employee has, or will have, an interest in such contract
or business or professional dealing.
[Added 5-18-1998 by L.L. No. 2-1998]
K.
Transactions in conflict with official duties. No
Town officer or employee shall engage in any transaction as a representative
or agent of the Town with any business entity in which he has a financial
interest that might reasonably tend to conflict with the proper discharge
of his official duties.
[Added 5-18-1998 by L.L. No. 2-1998]
L.
Investments in conflict with official duties. Each
Town officer or employee shall abstain from making personal investments
in enterprises which he has reason to believe may be directly involved
in decisions to be made by him or which will otherwise create substantial
conflict between his duty and the public interest and his private
interest.
[Added 5-18-1998 by L.L. No. 2-1998]
M.
Use of position. No Town officer or employee shall
use or attempt to use his official position to secure unwarranted
privileges or exemptions for himself or others.
[Added 5-18-1998 by L.L. No. 2-1998]
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 Chautauqua,
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.
[Amended 2-8-1993 by L.L. No. 1-1993]
The Supervisor of the Town of Chautauqua shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Town of Chautauqua within 30 days after the effective
date of this article. Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon the duties
of his office or employment. Failure to distribute any such copy or
failure of any such officer or employee to receive such copy shall
have no effect on the duty of compliance with such code, nor the enforcement
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 may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
[Added 5-18-1998 by L.L. No. 2-1998]
No officer or employee of the Town and no organization
or service chartered by or directly or indirectly sponsored or supported
by the Town shall:
A.
Discriminate or cause segregation, directly or indirectly,
based upon gender, creed, race or national origin or allow said factors
to affect the recruitment, selection, placement, assignment, compensation
or promotion of any officer, employee or member of said organization
or service.
[Adopted 2-8-1993 by L.L. No. 1-1993]
There is hereby created in the Town a Board
of Ethics to consist of not less than three nor more than five members
to be appointed by the Town Board by resolution when needed and who
shall serve without compensation and at the pleasure of the Town Board.
A majority of such members shall be persons other than officers or
employees of the Town of Chautauqua, but shall include at least one
member who is an elected or appointed officer or employee of the Town
of Chautauqua.
[Amended 5-18-1998 by L.L. No. 2-1998]
A.
The Board of Ethics shall have the powers and duties
prescribed by Article 18 of the General Municipal Law, and shall render
advisory opinions to the officers and employees of the Town of Chautauqua
with respect to Article 18 of the General Municipal Law.
B.
The Board of Ethics shall also have the following
powers and duties:
(1)
Issue advisory opinions to any municipal officer or employee requesting the same in accordance with Subsection C below.
(2)
Require the presence of any person or persons initiating
any inquiry.
(3)
Recommend to the Town Board any training and education
to Town officers and employees the Board of Ethics deems advisable.
(4)
Recommend changes to the Code of Ethics, if necessary.
(5)
Act only with respect to officers, employees and consultants
of the Town of Chautauqua.
(6)
At the option of the Town Board of Ethics refer any
matter within its jurisdiction to the County or State Board of Ethics.
C.
Advisory opinions.
(1)
Upon the written request of any municipal officer
or employee, the Board of Ethics shall render an advisory opinion
to such officer or employee with respect to any matter addressed by
this code as such matter applies to the subject officer or employee.
Said opinion shall be in writing and shall set forth reasons in support
thereof.
(2)
Upon written request of any board, commission or department
of the Town, the Board of Ethics shall render written advisory opinions
with respect to the interpretation or application in a general sense
of any provision of this code.
