[HISTORY: Adopted by the Common Council of the City of Oneida 6-20-2000.
Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 104.
Pursuant to the provisions of § 806 of the General Municipal
Law, the Common Council of Oneida, New York, 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. 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:
A conflict of interest is a limitation on the holding of a municipal
office when the holder of the office has certain other private interests affecting
the municipality.
Except as provided in General Municipal Law § 802, "interest"
is defined as a direct or pecuniary or material benefit accruing to a municipal
officer or employee as the result of a contract with the municipality in which
such officer or employee serves. An officer or employee shall be deemed to
have an interest in the contract of:
Spouse, minor children and dependents, except a contract of employment
with the municipality which such officer or employee serves;
A firm, partnership or association of which such officer or employee
is a member or employee;
A corporation of which such officer or employee is an officer, director
or employee; and
A corporation any stock of which is owned or controlled directly or
indirectly by such officer or employee.
An officer or employee of the City of Oneida, 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.
Every officer or employee of the City of Oneida 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, 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 contract to receive payment for services to be rendered
in relation to any matter before any agency of the City of Oneida, whereby
his compensation is dependent on the outcome of such matter and not 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 Common Council and any other officer
or employee of the City of Oneida, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Common Council on any legislation
before the Common 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.
Disclosure of conflict. An officer or employee is required
to inform the City Clerk of a conflict of interest in a contract or other
matter whether or not prohibited unless the interest is exempt under General
Municipal Law § 802(2). However, disclosure does not cure the conflict
and the action is still prohibited.
G.
Investments in conflict with official duties. He shall
not invest or hold any investment, directly or indirectly, in any financial,
business, commercial or other private transaction which creates a conflict
with his official duties.
H.
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.
I.
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 Oneida, 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.
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 Oneida, 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 Oneida shall cause a copy of this Code of Ethics
to be distributed to every officer and employee of the city within 30 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.
A.
Establishment; members; terms of office. There is hereby
established a Board of Ethics consisting of the Mayor and four members to
be appointed by the Mayor and shall serve without compensation and at the
pleasure of the Mayor. Terms shall be for four years and staggered. (Initial
member appointments shall be for one-, two-, three- and four-year terms, with
subsequent four-year appointments.) A majority of such members shall be persons
other than officers or employees of the City of Oneida.
B.
Powers and duties. 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 City of
Oneida with respect to Article 18 of the General Municipal Law and any Code
of Ethics adopted pursuant to such article, under such rules and regulations
as the Board may prescribe. In addition, the Board may make recommendations
with respect to the drafting and adoption of a Code of Ethics or amendments
thereto upon request of the Common Council. The legal counsel of the Board
of Ethics shall be the City Attorney.
