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:
CONFLICT OF INTEREST
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.
INTEREST
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:
A.
Spouse, minor children and dependents, except
a contract of employment with the municipality which such officer
or employee serves;
B.
A firm, partnership or association of which
such officer or employee is a member or employee;
C.
A corporation of which such officer or employee
is an officer, director or employee; and
D.
A corporation any stock of which is owned or
controlled directly or indirectly by such officer or employee.
MUNICIPAL 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.
[Amended 7-18-2023 by L.L. No. 6-2023]
The City Manager 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.