[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Fultonville recognizes that certain
rules of ethical conduct for public officers and employees must be observed
in order to maintain a high degree of professionalism and conduct in the village.
The proper operation of the village government requires that its officers
and employees be independent, impartial, objective, unbiased and responsible
to the people of the Village of Fultonville; that public office not be used
for personal gain; that public officers and employees maintain the highest
standard of integrity and discharge faithfully the duties of their office,
regardless of personal consideration; and that the public have confidence
in the officers and employees thereof. It is the purpose of this chapter to
promulgate these rules of ethical conduct for the officers and employees of
the Village of Fultonville. These rules shall serve as a guide for official
conduct of the officers and employees of the village and shall not conflict
with, but shall be in addition to, any prohibition or provision of Article
18 of the General Municipal Law or any other general or special law relating
to the ethical conduct, interests in contracts and personal interests of municipal
officers and employees.
All words and phrases used herein shall have their ordinary meanings
unless the context requires otherwise or unless set forth below.
Any claim, account or demand against or agreement with a municipality,
expressed or implied, and shall include the designation of a depository of
public funds and a designation of a newspaper, including but not limited to
an official newspaper, for the publication of any notice, resolution, ordinance
or other proceeding where such publication is required or authorized by law.
The officer or employee himself, his/her spouse or their brothers,
sisters, parents, children, grandchildren or the spouse of any of the foregoing.
A direct or indirect pecuniary or material benefit accruing to a
municipal officer or employee as the result of a contract with the village
or any business or professional transaction with the village. For the purpose
of this chapter, an officer or employee shall be deemed to have a direct interest
in a contract or the business or professional affairs of his or her spouse,
minor children and dependents, a business concern, firm, partnership or association
of which such officer or employee is a member, partner, owner, director 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.
The Mayor, Trustees and any officer or employee of the village, whether
paid or not, including members of any administrative advisory board, commission
or other agency of the village. For the purpose of this chapter, no person
shall be deemed a village officer or employee solely by reason of being a
volunteer fireman, a civil defense volunteer or auxiliary police officer.
The Village of Fultonville or any of its boards, commissions or agencies,
whether operated solely by the village or jointly with one or more other municipalities.
A.
Gifts. No officer or employee of the village shall directly
or indirectly solicit any gift or accept or receive any gift having a value
of more than $75, whether in the form of money, services, loan, travel, entertainment,
hospitality, promise, thing or any other form under circumstances in which
it could reasonably be inferred that the gift was intended to influence the
officer or employee 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.
B.
Disclosure of confidential information. No officer or
employee of the village shall 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 interests or the personal interests of others.
C.
Rendering of services.
(1)
No municipal officer or employee of the village shall
receive compensation or enter into any agreement, expressed or implied, to
receive compensation with respect to any matter which is, was or will be before
him or her for determination in his or her official capacity as a municipal
officer or employee of the village. This provision shall not apply to compensation
received from the village for services rendered to the same.
(2)
No municipal officer or employee shall appear as attorney
or counsel against the interest of the village in any matter in which the
village is a party or complainant.
D.
Use of position to achieve preferential treatment. No
officer or employee of the village shall use or attempt to use his or her
official position to secure unwarranted privileges or exemptions for himself
or herself or others or grant any special consideration, treatment or advantage
to any citizen beyond that which is available to every other citizen.
E.
Disclosure of interest in legislation or other matters
involving potential conflict of interest.
(1)
Any member of the Board of Trustees, Planning Board or
Zoning Board of Appeals of the Village of Fultonville who has a direct or
indirect interest in any matter before the board of which he or she is a member
or any officer or employee who has a direct or indirect interest in any matter
before the Board of Trustees and who participates in the discussion before
or who makes a recommendation or gives an opinion to said Board of Trustees
shall publicly disclose on the official record of the relevant board or boards
the nature and extent of such interest.
(2)
The following individuals and/or individuals holding
the following positions shall disclose, in writing, to the Board of Ethics
all land holdings in the Village of Fultonville, whether held by the individual
or his family or jointly with any family member or jointly in partnership
with others or as a corporation or trust in which partnership, corporation
or trust the officer or employee or his or her spouse is an officer, director
or employee or in which he or she or his or her spouse legally or beneficially
owns or controls more than 5% of the outstanding stock or interest. In the
event of land holdings involving a partnership, corporation or trust, the
officer or employee shall provide the name of the partnership, corporation
or trust and his or her position and his or her spouse's position with
the same. Said disclosure shall be made within 10 days of taking the oath
of office or, if no oath of office is required, within 10 days of commencing
employment. The individuals to which this requirement applies are:
(3)
In the event that a change occurs with respect to any
of the information required on the aforesaid disclosure statement, the individual
required to file such a statement shall file an amended statement reflecting
any such change in circumstances. Such amended statement shall be filed within
the earlier of 10 days of the individual's knowledge of such change in
circumstance or within 10 days of a request for an amended statement by the
Board of Ethics.
F.
Investments, private employment or other interests. Any
officer or employee who believes a personal interest may possibly conflict
with his or her official duties shall apply to the Board of Ethics for a determination
thereon.
G.
Future employment. No officer or employee, after termination
of service or employment with the village, shall appear before any board or
agency of the village 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.
No officer or employee of the village and no organization or service
chartered by or directly or indirectly sponsored or supported by the village
shall:
A.
Discriminate or cause segregation, directly or indirectly,
based upon gender, creed, race or national origin or allow said factors to
affect the recruitment, selection, placement, assignment, compensation or
promotion of any officer, employee or member of said organization or service.
The Village Clerk shall cause a copy of Article 18 of the General Municipal
Law and of this Code of Ethics to be distributed to every officer and employee
of the village. Failure to distribute any such copy 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 provisions thereof.
A.
Establishment of Board of Ethics.
(1)
A Board of Ethics to consist of five members is hereby
established. The Board of Trustees shall cause the posting of a notice at
Village Hall for a period of one month and publish a notice in the official
newspaper, which notice shall state that all interested persons should submit
to the village their names and qualifications for membership on the Board
of Ethics. The Board of Trustees or a committee thereof shall interview and
select appropriate candidates to serve on the Board of Ethics. Said members
shall be appointed by the Mayor, subject to approval of the Board of Trustees.
(2)
All members of the Board of Ethics shall reside within
the village. A majority of the members shall not otherwise be officers or
employees of the village, but at least one member shall be an elected or appointed
municipal officer or employee of the village. Of the initial members, two
shall be appointed for three years, two shall be appointed for two years and
one shall be appointed for one year. All subsequent appointees shall be appointed
to three-year terms.
B.
Operation of Board of Ethics.
(1)
Appropriate funds shall be allocated by the Board of
Trustees for the operation and maintenance of the Board of Ethics.
(2)
Matters before the Board of Ethics shall be confidential
and, therefore, all meetings of the Board to discuss or hear a matter concerning
an officer or employee shall be closed to the public. Opinions and requests
for opinions shall be confidential records, unless the individual seeking
the opinion request otherwise, and shall be indexed and maintained on file
in an appropriate manner by the Board of Ethics.
(3)
The Village Attorney shall provide such legal and advisory
services to the Board of Ethics as it may require for the performance of its
duties.
C.
Compensation. Members of the Board of Ethics shall not
receive compensation for the performance of their official duties but shall
be reimbursed for reasonable and necessary expenses.
D.
Removal of Board member. A member of the Board of Ethics
may be removed, after written notice and opportunity for reply, by a majority
vote of the Board of Trustees on grounds of neglect of duty, misconduct in
office, inability to discharge the powers or duties of the office or violation
of this chapter or regulations adopted pursuant thereto.
E.
Quorum, voting and meetings. At its first meeting each
year, the Board of Ethics shall elect a Chairman from among its membership.
Four members of the Board shall constitute a quorum, and a vote of at least
four members shall be required for the Board to take any action. The Board
shall hold at least one meeting per year. The Chairman or any four members
of the Board may call a meeting of the Board.
F.
Powers and duties. The Board of Ethics shall have the
following powers and duties:
(1)
Prescribe and promulgate rules and regulations governing
its own organization and procedures in the manner consistent with this code.
(2)
Cause to be filed with the State Ethics Commission a
copy of the disclosure form to be filed pursuant to this code.
(3)
Review said disclosure statements.
(4)
Issue advisory opinions to any municipal officer or employee requesting the same in accordance with Subsection G below.
(5)
Require the presence of any person or persons initiating
any inquiry.
(6)
Provide training and education to village officers and
employees with respect to the provisions of this code.
(7)
Prepare an annual report to the Board of Trustees summarizing
the activities of the Board of Ethics.
(8)
Recommend changes to the Code of Ethics, if necessary.
(9)
Act only with respect to officers, employees and consultants
of the Village of Fultonville.
(10)
Refer any matter within its jurisdiction to the County
or State Board of Ethics.
G.
Advisory opinions.
(1)
Upon the written request of any municipal officer or
employee, the Board of Ethics shall render an advisory opinion to such officer
or employee with respect to any matter addressed by this code as such matter
applies to the subject officer or employee. Said opinion shall be in writing
and shall set forth reasons in support thereof.
(2)
Upon written request of any board, commission or department
of the village, the Board of Ethics shall render written advisory opinions
with respect to the interpretation or application in a general sense of any
provision of this code.
In addition to any penalty contained in any other provision of law,
any person who knowingly violates any of the provisions of this code may be
fined, suspended or removed from office or employment in the manner provided
by law.
A.
The form of the disclosure statement shall be developed
by the Board of Ethics.
B.
Completed disclosure forms shall be submitted in a sealed
envelope labeled on the outside with the name of the officer or employee.
C.
Completed disclosure forms shall be kept
in a locked filing cabinet with access restricted to Board of Ethics members
only.
