[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:
- INTEREST [Amended 2-8-1993 by L.L. No. 1-1993; 5-18-1998 by L.L. No. 2-1998]
- 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:
- A. A town officer or employee, his spouse, children, stepchildren or dependents, parent, grandparent, brother, sister, brother-in-law or sister-in-law.
- B. A firm, partnership or association of which a town officer or employee is a member or employee.
- C. A corporation of which such town officer or employee is an officer, director or employee.
- D. A corporation, any stock of which is accrued or controlled directly or indirectly by such town officer or employee.
- TOWN (OR MUNICIPAL) 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.
