[HISTORY: Adopted by the Common Council of the City of Ithaca 7-7-1993
by Ord. No. 93-14. (This ordinance also repealed former Ch.
55, Ethics, Code of, adopted 3-6-1974, as amended.) Amendments
noted where applicable.]
CHARTER REFERENCES
Oath of office — See § C-6.
GENERAL REFERENCES
Personnel — See Ch. 90.
A.
The purpose of this chapter is to establish minimum standards
of conduct to help ensure that the exercise of governmental responsibilities
by City of Ithaca officials and employees is free from improper influences
that might cause those officials or employees to make, promote or hinder public
decisions in order to advance their own private interests. The standards and
guidelines set forth in this chapter are intended to eliminate, to the greatest
extent possible, the existence of conflicts of interest pertaining to city
officials and city employees in the exercise of their official duties, to
minimize unwarranted suspicion that such conflicts exist and to avoid potential
conflicts of interest before they arise.
B.
The rules of ethical conduct set forth in this chapter
are intended to supplement those of §§ 800 through 813 of the
General Municipal Law of the State of New York and any other applicable general
or specific law relating to ethical conduct and interest by municipal officials
and employees.
For the purposes of this chapter, the following terms shall be defined
as set forth in this section.
- CITY EMPLOYEE
- Any employee paid by the City of Ithaca, other than any elected official.
- CITY OFFICIAL
- Any elected official and any person, other than a city employee, appointed to any position in the city government.
- ELECTED OFFICIAL
- The Mayor and any member of Common Council.
- FAMILY
- A city official or city employee's spouse or domestic partner, and all dependent children. "Spouse" shall mean the husband or wife of the reporting individual unless living separate and apart from the reporting individual with the intention of terminating the marriage or providing for permanent separation or unless separated pursuant to a judicial order, decree or judgment or a legally binding separation agreement. "Domestic partner" shall mean a person defined as a domestic partner pursuant to Chapter 215, Article IV, of this Code.
Unless otherwise specified, all sections of this chapter shall apply
to all city officials and all city employees.
A.
Applicability. This section shall apply only to elected
officials.
B.
Annual disclosure statement required. By February 1 of each year thereafter, each elected official shall complete and file with the City Clerk a signed statement of financial disclosure containing the information and in the form set forth in § 55-13 of this chapter. Upon receipt of such forms, the City Clerk shall file them with the New York State Temporary State Commission on local government ethics.
C.
Such disclosure statements shall be kept on file as a
public record by the City Clerk. Public notice of the existence and availability
of such file shall be made annually by legal notice in the newspaper of record,
announcement by the Mayor at each February's regularly scheduled Common
Council meeting and posting of the notice conspicuously in City Hall.
No city official or city employee shall, directly or indirectly, solicit,
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 in any other form, under circumstances in which it could reasonably be
inferred that the gift was intended to influence him or her or could reasonably
be expected 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.
Except as required by law, no city official or city employee may disclose
confidential information acquired during the course of his or her official
duties or use such information to further his or her personal interests or
the personal interests of his or her family.
A.
City officials and city employees must exercise their
official duties solely in the public interest and must avoid actual conflicts
of interest to the greatest extent possible.
B.
City officials and city employees should avoid circumstances
which compromise their ability to make impartial judgments solely in the public
interest and should, to the greatest extent possible, avoid even the appearance
of conflict of interest. No city official or city employee shall knowingly
take any action or incur any obligation of any nature which is in conflict
with or might reasonably tend to conflict with the proper discharge of his
or her duties on behalf of the City of Ithaca.
C.
No city official or city employee shall receive, or enter
into any agreement, express or implied, for compensation for services to be
rendered in relation to any matter before any city agency of which he or she
is an officer, member or employee or of any city 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.
No city official or city employee shall receive, or enter
into any agreement, express or implied, for compensation for services to be
rendered in relation to any matter before any city agency, 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.
Avoidance of conflicts.
(1)
Each city official and city employee is responsible for
exercising due diligence in attempting to avoid actual or potential conflicts
of interest when voting or taking other discretionary action regarding all
matters with which he or she deals on behalf of the city.
(2)
A city official or city employee shall exercise particularly
careful diligence in avoiding any actual or potential conflict of interest
when voting or taking other discretionary action on any matter brought before
any element of the city government by any entity that employs said official
or employee. In any such case, the involved city official or employee should
attempt to avoid taking any action that could reasonably be interpreted as
benefiting his or her career advancement, salary or standing within the entity
that employs him or her.
F.
Notwithstanding any provisions in this chapter, if a
conflict of interest cannot be avoided because of the nature of the circumstances
in a particular situation, any involved city official or employee shall bring
the particular matter to the attention of the Mayor and the City Attorney,
or such other city official or city employees as may be appropriate, before
voting or taking any discretionary action on said matter.
G.
Provisions of this chapter shall not be deemed to prevent
any city official from voting or taking other lawful action with regard to
the establishment of salaries or benefits for elected city officials.
Whenever a city official or city employee is called upon to vote on,
advise on or otherwise take discretionary action on a matter before the city,
and either the performance or nonperformance of such action would provide
a significant and special pecuniary or material benefit to him/herself or
his/her family or otherwise create any potential conflict of interest, the
officer or employee shall immediately declare the nature of the conflict of
interest and shall refrain, where appropriate, from taking any action or inaction
that would affect the outcome of the matter.
No person shall intentionally induce a city official or city employee
to take any action that violates any provision of this chapter. Any person
who intentionally induces a city official or city employee to take action
in violation of this chapter shall be guilty of a Class A misdemeanor, subject
to a fine of not more than $1,000 and shall be barred from doing business
with the City of Ithaca for a period of up to five years.
Nothing in this chapter shall be deemed to bar the timely filing by
a present or former official or employee of any claim, demand or suit against
the city on behalf of him/herself or his/her family arising out of any personal
injury or property damage or for any lawful benefit, or from receiving a municipal
service or benefit that is generally available to the public or to other city
employees or city officials.
A.
Within 10 days of this chapter's enactment, the
City Clerk shall post a copy of this chapter conspicuously and permanently
in City Hall in a manner allowing public perusal of its provisions. Copies
of this chapter shall also be made available by the City Clerk to members
of the public upon request under provisions of the Freedom of Information
Law.
B.
Within 30 days of this chapter's enactment, the
City Clerk shall distribute a copy of this chapter to all city officials and
city employees. Each city official and city employee shall be given a copy
of this chapter before entering upon the duties of his or her office.
A.
Any knowing and willful violation of this chapter will
be a Class A misdemeanor subject to the penalties provided in § 813
of the General Municipal Law.
B.
Knowing and willful violation of this chapter may also
subject the violator to a civil penalty and may also involve forfeiture of
office or employment and liability for all damages. Civil penalties may include
a fine not to exceed $10,000, for knowingly and willfully failing to file
a financial disclosure statement, for knowingly and willfully making a false
statement with intent to deceive or for otherwise knowingly and willfully
violating this chapter.
