[HISTORY: Adopted by the City Council of
the City of Batavia 1-26-1981 as Ch. 104 of the 1981 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Code of Ethics of the City of Batavia, New York."
Pursuant to the provisions of § 806
of the General Municipal Law, the Council of the City of Batavia 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 Batavia. These rules shall serve as a guide for official conduct
of the officers and employees of the City of Batavia. 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.
[Amended 6-25-2001 by L.L. No. 1-2001]
As used in this chapter, the following terms
shall have the meanings indicated:
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an "interest" in the contract of:
His 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.
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 Batavia, 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 fire chief or assistant fire
chief.
Every municipal officer or employee of the City
of Batavia shall be subject to and abide by the following standards
of conduct:
A.Â
Gifts. He or she 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 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.
[Amended 6-25-2001 by L.L. No. 1-2001]
B.Â
Confidential information. He or she shall not disclose
confidential information acquired by him or her in the course of his
or her official duties or use such information to further his or her
personal interest.
C.Â
Representation before one's own agency. He or she
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 or she is an officer, member
or employee or of any municipal 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.Â
Representation before any agency for a contingent
fee. He or she 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 or her municipality, 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.Â
Disclosure of interest in legislation. To the extent
that he or she knows thereof, a member of the Council and any officer
or employee of the City of Batavia, 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 or she has in such legislation.
F.Â
Investments in conflict with official duties. He or
she 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 or her official duties.
G.Â
Bidding upon contracts or equipment. In order to avoid
any potential conflicts of interest or to avoid even the appearance
of impropriety, no paid municipal employee or City Council Member
and/or no business, corporation or entity of any nature in which these
individuals have an interest shall be permitted to contract with the
City of Batavia or to purchase any real or personal property offered
for sale by the City of Batavia. Any bid received by the City of Batavia
in contravention of this mandate shall be rejected and declared null
and void.
[Added 6-9-1997 by L.L. No. 3-1997]
H.Â
Private employment. He or she 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 or
her official duties.
I.Â
Future employment. He or she shall not, after the
termination of service or employment with such municipality, appear
before any board or agency of the City of Batavia in relation to any
case, proceeding or application in which he or she personally participated
during the period of his or her service or employment or which was
under his or her 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 Batavia,
or any agency thereof, on behalf of himself or herself or any member
of his or her family arising out of any personal injury or property
damage or for any lawful benefit authorized or permitted by law.
[Amended 6-25-2001 by L.L. No. 1-2001]
The City Manager of the City of Batavia shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the city within 20 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 or
her office or employment. Failure of the City Manager or his designee
to distribute any copy of the Code of Ethics, or failure of any officer
or employee to receive such copy, shall have no effect on the duty
of compliance with such Code, nor the enforcement of the 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.[1]
[1]
Editor's Note: Former Art. II, Board of Ethics, as amended,
which immediately followed this section, was repealed 1-12-2009 by
L.L. No. 1-2009.
