Pursuant to the provisions of § 806 of the General Municipal
Law, the City Council of the City of Corning, 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 of Corning, New York. These rules shall
serve as a guide for official conduct of the officers and employees of the
City of Corning, New York. 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:
INTEREST
A pecuniary or material benefit accruing to:
A.
A municipal officer or employee or to his or her spouse, minor children
and dependents.
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.
D.
A corporation any stock of which is accrued or controlled directly or
indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the City of Corning, 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 fire fighter or civil defense volunteer, except
a fire chief or assistant fire chief.
[Amended 10-5-1992]
Every officer or employee of the City of Corning shall be subject to
and abide by the following standards of conduct:
A. Gifts. He or she shall not, directly or indirectly, solicit
any gift, or accept or receive any gift, 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/her, or could reasonably be expected to influence
him/her, in the performance of his/her official duties or was intended as
a reward for any official action on his/her part.
[Amended 10-5-1992]
B. Confidential information. He or she shall not disclose
confidential information acquired by him/her in the course of his/her official
duties or use such information to further his/her personal interest.
C. 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/she is an officer, member or employee or of any municipal
agency over which he/she has jurisdiction or to which he/she has the power
to appoint any member, officer or employee.
D. 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/her municipality, whereby his/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. Disclosure of interest in legislation. To the extent
that he/she knows thereof, a member of the City Council and any officer or
employee of the City of Corning, whether paid or unpaid, who participates
in the discussion or gives official opinion to the City Council on any legislation
before the City Council shall publicly disclose on the official record the
nature and extent of any direct or indirect financial or other private interest
he/she has in such legislation.
F. 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/her official duties.
G. 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/her official duties.
H. 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 Corning in relation to any case, proceeding or application
in which he/she personally participated during the period of his/her service
or employment or which was under his/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 Corning, or any agency thereof, on behalf of himself/herself
or any member of his/her family arising out of any personal injury or property
damage or for any lawful benefit authorized or permitted by law.
The City Manager of the City of Corning shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the City of Corning
within 20 days after the effective date of this code. Each officer and employee
elected or appointed thereafter shall be furnished a copy before entering
upon the duties of his/her office or employment. 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 on 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 chapter may be fined, suspended or removed from office or employment,
as the case may be, in the manner provided by law.