[HISTORY: Adopted by the Board of Trustees of the Village
of Victor 4-2-2012 by L.L. No. 2-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
17, Ethics, adopted 12-7-1970 by resolution.
Officers and employees of the Village of Victor hold their positions
to serve and benefit the public, and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Village of Victor Board of Trustees
recognizes that, in furtherance of this fundamental principle, there
is a need for clear and reasonable standards of ethical conduct.
The standards, prohibited acts and procedures established by
these standards of ethical conduct are in addition to any prohibited
acts, conflict of interest provisions or procedures prescribed by
statutes of the State of New York and also are in addition to common
law rules and judicial decisions relating to the conduct of Village
officers to the extent that the same are more severe in their application
than the standards adopted by the Board of Trustees. In general, conflicts
of interest on the part of municipal officers and employees are governed
by Article 18 of the General Municipal Law.
As used in this chapter, the following terms shall have the
meanings indicated:
The governing board of a municipality and any municipal administrative
board (e.g., Planning Board, Zoning Board of Appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
This Code of Ethics.
Any claim, account, demand against, or agreement with a municipality—verbal
or written, expressed or implied. Examples of contracts include purchase
or sale agreements, construction agreements and service contracts,
as well as vouchers for payment submitted to a municipality.
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he or she, his
or her spouse, or a member of his or her household is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
A spouse, parent, stepparent, sibling, stepsiblings, sibling's
spouse, child, stepchild, uncle, aunt, nephew, niece, first cousin,
or household member of a municipal officer or employee, and individuals
having any of these relationships to the spouse of the officer or
employee.
Any board, commission or other agency, department or unit
of government of the Village of Victor.
No Village officer or employee shall have any interest, financial
or otherwise, direct or indirect, or engage in any business, transaction,
or professional activity or incur any obligation of any nature that
is in substantial conflict with the proper discharge of his or her
duties in the public interest. No Village officer or employee shall
use his or her municipal position or official powers and duties to
secure a financial or material benefit for himself, a relative, or
any private organization in which he or she is deemed to have an interest.
Every Village officer or employee of the Village of Victor shall
be subject to and abide by the following standards of conduct:
A.Â
Disclosure of interest in legislation. A Village officer or employee
who shall render an official opinion to the Village Board of Trustees
on any legislation before the Village Board of Trustees 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.
B.Â
Private employment. No Village officer or employee shall accept other
employment that will impair his or her independence of judgment in
the exercise of his or her official duties. No municipal officer or
employee, during his or her tenure as a municipal officer or employee,
may engage in any private employment, including the rendition of any
business, commercial, professional or other types of services, when
the employment can be reasonably expected to require disclosure or
use of confidential information gained by reason of serving as a municipal
officer or employee. Employment to pursue a course of conduct that
will raise suspicion among the public should not be engaged.
C.Â
Confidential information. No Village officer or employee shall accept
employment or engage in any business or professional activity that
will require him or her to disclose confidential information that
he or she has gained by reason of his or her official position or
authority.
D.Â
Securing unwarranted privileges. No Village officer or employee shall
use or attempt to use his or her official position to secure unwarranted
privileges or exemptions for himself or others nor by his or her conduct
give reasonable basis for the impression that any person can improperly
influence him or her or unduly enjoy his or her favor in the performance
of his or her official duties or that he or she is affected by the
kinship, rank, position or influence of any party or person.
E.Â
Representation conflicts. No Village officer or employee shall engage
in any transaction as representative or agent of the Village with
any business entity in which he or she has a direct or indirect financial
interest that might reasonably tend to conflict with the proper discharge
of his or her official duties.
F.Â
Investments in conflict with official duties. Each Village officer
or employee shall abstain from making personal investments in enterprises,
which he or she has reason to believe may be directly involved in
decisions to be made by him or her or which will otherwise create
substantial conflict between his or her duty in the public interest
and his or her private interest.
G.Â
Suspicion among the public. Each Village officer or employee shall
endeavor to pursue a course of conduct that will not raise suspicion
among the public that he or she is likely to be engaged in acts that
are in violation of his or her trust.
H.Â
Sale of goods or services. No Village officer or employee, nor any
firm or association of which such employee is a member, nor a corporation
in which a substantial portion of the stock is owned or controlled
directly or indirectly by such employee, shall sell goods or services
to any person, firm, corporation or association which is licensed
or whose rates are fixed by the Village in which such employee serves
or is employed.
I.Â
Gifts. No municipal officer or employee shall, 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, service, loan, travel,
entertainment, hospitality, thing or promise, or in any other form,
under circumstances in which it could reasonable 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.
J.Â
Future employment. No Village officer or employee shall, after the
termination of service or employment with such municipality, appear
before any board or agency of the Village of Victor 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.
K.Â
Use of municipal resources. No Village officer or employee shall
use municipal resources for personal or private use. Municipal resources
shall be used for lawful municipal purposes, only. Municipal resources
include, but are not limited to, municipal personnel, and the municipality's
money, vehicles, equipment, materials, supplies or other property.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes.
A.Â
Ordinarily, if one of these exceptions applies, an interest in a
contract is permissible, even though you may have one or more of the
powers and duties discussed in the preceding section.
(1)Â
Payment of salary or other lawful compensation and necessary expenses
to an officer or employee in one or more positions of public employment.
(2)Â
Interest in contracts prohibited solely by reason of being employed
as an officer or employee of a private business if:
(3)Â
Contracts entered into prior to the time that a municipal officer
or employee is elected or appointed, but not renewals of those contracts.
(4)Â
Contracts with membership corporations or other voluntary not-for-profit
corporations or associations.
(5)Â
Purchases or public work by a municipality, located within a county
having a population of 200,000 or fewer, in which a member of the
governing board or body has a prohibited interest. This exception
applies only when:
(a)Â
The member of the governing body or board is elected and serves
without salary;
(b)Â
The purchases total less than $5,000 in any fiscal year, the
governing body or board has followed its procurement policies and
procedures and the procurement process indicates that the contract
is with the vendor making the lowest dollar offer; and
(c)Â
The purchase or public work contract is approved by unanimous
vote of the governing board or body, except the interested member
who must abstain.
(6)Â
Contracts with a corporation of the municipal officer or employee
who directly or indirectly owns or controls less than 5% of outstanding
stock.
(7)Â
Total consideration payable under all contracts in which a municipal
officer or employee has an interest does not exceed $750 during a
fiscal year.
B.Â
There are no exceptions for contracts that are competitively bid
or contracts let in emergency. There are also no exceptions for when
an individual discloses his or her interest, recuses himself or abstains
from the discussion or vote on a matter.
In addition to any penalty contained in any other provision
of law, any such Village officer or employee who shall knowingly and
intentionally violates any of these standards of ethical conduct may
be fined, suspended, or removed from office or employment in the manner
provided by law.
Upon the adoption of this chapter, the Mayor shall cause a copy
thereof to be distributed to every Village officer or employee of
this Village. This Mayor shall further cause a copy of this chapter
to be kept conspicuously posted in each public building under the
jurisdiction of the Village. Failure to distribute or to post any
such copy or failure of any Village officer or employee to receive
such copy shall have no effect on the duty of compliance herewith
nor the enforcement provisions hereof.
This chapter shall take effect immediately, and the Village
Clerk is authorized, empowered, and directed to file a certified copy
hereof with the Office of the State Comptroller.
A.Â
Review Board of Ethics. The Village Board of Trustees appoints the
Ontario County Board of Ethics as its review board on any matters
in question concerning the Code of Ethics.
B.Â
Advisory opinions. The Ontario County Board of Ethics established
hereunder shall render advisory opinions to Village officers or employees
on written request and upon request of the Board of Trustees of the
Village of Victor make recommendations to such Village Board as to
any amendments of this chapter. The opinions of the Board of Ethics
shall be advisory and confidential, and in no event shall the identity
of the Village officer or employee be disclosed except to authorized
persons and agencies. Such opinions shall be on the advice of counsel
employed by the Board of Ethics or, if none, of the Village Attorney.
