[HISTORY: Adopted by the Board of Trustees
of the Village of Perry 5-5-2008 by L.L. No. 2-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 98.
[1]
Editor's Note: This local lawn also repealed
former Ch. 38, Ethics and Disclosure, adopted 5-15-2006 by L.L. No.
3-2006.
The Board of Trustees of the Village of Perry
recognizes that there are rules of ethical conduct for public officers
and employees that 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 Village of Perry and to provide standards for disclosure of
interest in legislation before the Village, for holding of investments
in conflict with official duties, for private employment in conflict
with official duties and for future employment in conflict with official
duties. These rules shall serve as a guide for official conduct of
the officers and employees of the Village of Perry. 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 as now enacted or hereafter amended or any other general or special
law relating to ethical conduct and interest in contracts of municipal
officers and employees.
For purposes of 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 a result of a contract with
the municipality which such officer or employee serves. A municipal
officer or employee shall be deemed to have an interest in the contract
of:
His or her 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 Village of Perry, 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.
Every officer or employee of the Village of
Perry shall be subject to and abide by the following standards of
conduct:
A.
Gifts. They 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 them or could reasonably be expected to influence them
in the performance of their official duties or was intended as a reward
for any official action on their part.
B.
Confidential information. They shall not disclose
confidential information acquired by them in the course of their official
duties or use such information to further their personal interest.
C.
Representation. They shall not receive or enter into
any agreement, expressed or implied, for compensation for services
to be rendered in relation to any matter before any municipal agency,
board or department of which they are an officer, member or employee
or of any jurisdiction or to which they have the power to appoint
any member, officer or employee.
D.
Representation for a contingent fee. They shall not
receive or enter into any agreement, expressed or implied, for compensation
for services to be rendered in relation to any matter before any agency,
board or department with respect to such matter, provided that this
section 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 they know thereof, members of the Board of Trustees and any officers
or employees of the Village of Perry, whether paid or unpaid, who
participate in the discussion or give official opinion to the Board
of Trustees on any legislation before the Board of Trustees shall
publicly disclose on the official record the nature and extent of
any direct or indirect financial or other private interest they have
in such legislation.
F.
Investments in conflict with official duties. They
shall not invest or hold any investment, directly or indirectly, in
any financial, business, commercial or other private transaction which
creates a conflict with their official duties.
G.
Private employment. They 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 their official duties.
H.
Future employment. They shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Village of Perry in relation to any case, proceeding
or application in which they personally participated during the period
of their service or employment or which was under their active consideration.
I.
Acknowledgment and certification. Every officer or employee of the Village of Perry, whether paid or unpaid, including members of any administrative board, commission or other agency thereof shall certify in writing that they have read and understand Chapter 38, Ethics and Disclosure, of the Code of the Village of Perry. Officers of the Village of Perry shall be required to sign once their term commences and all Village employees shall sign on their initial date of hire. A copy of said certification is attached to this chapter.[1]
[1]
Editor's Note: The acknowledgment and certification
of required standards of conducts is included at the end of this chapter.
Nothing herein shall be deemed to bar or prevent
the timely filing by present or former municipal officers or employees
of any claim, account, demand or suit against the Village of Perry
or any agency or board thereof on behalf of themselves or any member
of their family arising out of any personal injury or property damage
or for any lawful benefit authorized or permitted by law.
A.
The Village Administrator of the Village of Perry
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the Village. Each officer and employee elected
or appointed thereafter shall be furnished with a copy before entering
upon the duties of his or her office or employment. Failure to distribute
any such copy or failure of any officer or employee to receive such
copy shall not have any effect on his or her duty of compliance with
such code nor its enforcement.
B.
The Village Administrator shall post a copy of the
code in each public building under his or her jurisdiction in the
Village in a conspicuous place. Failure to post shall have no effect
on the duty of compliance with or the enforcement of the same.
In addition to any penalties contained in any
other provision of law, any person who shall knowingly and intentionally
violate any of the provisions of this Code of Ethics may be fined,
suspended or removed from office or employment, as the case may be,
in the manner provided by law.
