Pursuant to the provisions of § 806 of the General Municipal
Law, the Common Council of the City of Hornell 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 Hornell. These rules shall serve as a guide for
official conduct of the officers and employees of the City of Hornell. 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:
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the City of Hornell, 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 an assistant chief engineer.
INTEREST
A pecuniary or material benefit accruing to a municipal officer or
employee, unless the context otherwise requires.
Every officer or employee of the City of Hornell 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 $25 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 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.
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 Council and any officer or employee
of the City of Hornell, 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 he has in such legislation.
F. Investments in conflict with official duties. He shall
not invest or hold any investment, directly or indirectly, in any financial
business or commercial or other private transaction which creates a conflict
with his official duties.
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. He shall not, after the termination
of service or employment with such municipality, appear before any board or
agency of the City of Hornell 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.
I. Response to superiors. He shall provide full and honest
responses to reasonable requests from superiors.
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 Hornell 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.
The Mayor of the City of Hornell 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 his 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.