[HISTORY: Adopted by the Board of Trustees of the Village
of North Collins 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 Mayor and Board of Trustees of the Village of North
Collins, 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 Village of North Collins, New York.
These rules shall serve as a guide for official conduct of the officers
and employees of the Village of North Collins, 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 conflict of interest of municipal officers
and employees.
As used in this chapter, the following terms shall have the
meanings indicated:
A pecuniary or material benefit accruing to a municipal officer
or employee unless the context otherwise requires. "Interest," as
used herein, also includes pecuniary or material benefit accruing
to the municipal officer's or employee's spouse, minor children
and dependents; 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; and a corporation
of which more than 5% of the outstanding capital stock is owned by
any of the aforesaid parties.
An officer or employee of the Village of North Collins, New
York, whether paid or unpaid, including members of any administrative
board, commission or other agency thereof, whether serving in a full-time,
part-time or advisory capacity, paid or unpaid. No person shall be
deemed to be a "municipal officer or employee" solely by reason of
being a volunteer fireman or civil defense volunteer.
Every officer or employee of the Village of North Collins, New
York, shall be subject to and shall abide by the following standards
of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit any gifts or
accept or receive any gift having a value of $25 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 would reasonably be inferred that the gift was intended to influence
him in the performance of his official duties or was intended as a
reward for any official action on his part. However, recognizing the
prevalent and accepted practice of the giving of gifts during the
Christmas season, such gifts are specifically excepted from this section
when it is clearly understood that the receipt of the gifts will not
influence the recipient in the performance of this duty. Each member
of the Village Board of Trustees, Planning Board and Zoning Board
of Appeals shall file a full and complete list of such Christmas and
other gifts for said year and shall submit such lists to the Chairman
of the Board of Ethics for the private information of said Board prior
to January 31 of the following year. Gifts received at times other
than Christmas shall be inventoried by the recipient on the aforesaid
Boards, and a list of such gifts shall be submitted simultaneously
with the submission of the list of Christmas gifts. Each member of
the aforesaid Boards must individually file a declaration of gifts,
whether or not he has received any gifts.
B.
Confidential information. He shall not disclose confidential information
acquired by him in the course of his official duties or use such information
to further his personal interest. He shall not disclose, without proper
authorization, any confidential information concerning the affairs
of the Village of North Collins. Any inquiring person shall be directed
to the public records of the village. Records of all village departments
not stated to be public records shall be considered to be confidential.
C.
Representation before one's own agency. He 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 of which he is an officer, member or employee or of any municipal
agency over which he has jurisdiction or to which he has the power
to appoint any member, officer or employee.
D.
Representation before any agency for a contingent fee. He 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
of his municipality, whereby his 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 knows
thereof, a member of the Board of Trustees and any officer or employee
of the Village of North Collins, New York, whether paid or unpaid,
or full-time or part-time or advisory, who participates in the discussion
or gives official opinion to the Mayor and/or Board of Trustees on
any legislation before the Mayor and/or 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 has in such legislation.
F.
Investments in conflict with official duties. He 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 official duties.
G.
Private employment. He 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 official duties.
H.
Future employment. He shall not, after the termination of service
or employment with such municipality, appear before any board or agency
of the Village of North Collins, New York, in relation to any case,
proceeding or application in which he personally participated during
the period of his service or employment or which was under his active
consideration.
No officer or employee of the Village of North Collins, New
York, whether paid or unpaid, including members of any administrative
board, commission or other agency thereof, whether serving in a full-time,
part-time or advisory capacity, shall decline or refuse to answer
questions specifically or directly relating to the performance of
his official duties before any official, board or agency authorized
or empowered to so inquire into the performance of such duties. This
section shall not be construed as barring any county officer or employee
from exercising his constitutional privilege against self-incrimination;
however, when such body or agency is wholly civil in nature, failure
to fully cooperate with and diligently answer the inquiries of such
board or agency shall constitute grounds for dismissal or removal
of said officer or employee.
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 Village of North Collins,
New York, or any agency thereof on behalf of himself or any member
of his family arising out of any personal injury or property damage
or for any lawful benefit authorized or permitted by law.
The Village Clerk of the Village of North Collins, New York,
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee, part-time or full-time, or in any advisory capacity,
paid or unpaid, of the Village of North Collins, New York, within
10 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 office or employment. In addition,
copies shall be made available to the public at the local public library.
In addition to any penalty contained in any other provision
of law, any person who shall knowingly and itentionally 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.
A.
Membership. There is hereby established a Board of Ethics consisting
of five members, to be appointed by the Village Board. A majority
of such members shall be persons other than officers or employees
of the Village of North Collins but may include at least one member
who is an elected or appointed officer or employee of the Village
of North Collins. No more than three members of such Board of Ethics
shall be of the same political registration.
B.
Term, vacancy and compensation. Members of the Board of Ethics shall
serve at the pleasure of the Village Board. Any vacancy shall be filled
in the same manner in which the original appointment was made. The
members of the Board of Ethics shall serve as such without compensation
but shall be entitled to receive their actual disbursements and expenses
in performing the duties of their office.
C.
Duties. The Board of Ethics shall have the powers and duties prescribed
by Article 18 of the General Municipal Law and shall render advisory
opinions to the officers and employees of the Village of North Collins
with respect to Article 18 of the General Municipal Law in any Code
of Ethics adopted pursuant to such Article, under such rules and regulations
as the Board may prescribe. In addition, the Board of Ethics may make
recommendations with respect to the drafting and adoption of a Code
of Ethics or amendments thereto upon request of the Village Board.
D.
Rules and regulations.
(1)
The Board of Ethics, upon adopting rules and regulations relative
to the conduct of its business, may render advisory opinions subject
to these limitations:
(a)
Requests for opinions shall be in writing.
(b)
Requests for inquiries must originate with a municipal officer
or employee.
(d)
The form and content of requests for opinions, which may include
indication that certain municipal officials or employees have been
advised of such requests.
[1]
A copy of any charges brought against an official or employee
shall be sent to such person by the Secretary of the Board of Ethics,
together with a notice that such official or employee is given a reasonable
period of time in which to respond to the charges made against him/her.
[3]
A copy of the opinion of the Board of Ethics shall be sent to
the person making the inquiry and to the official or employee about
whom the inquiry or charge is made.
(2)
Rules and regulations adopted to govern the conduct of meetings of
the Board shall include the following:
(a)
The selection in terms of office of a Chairman and Secretary
and such other officers as are deemed necessary if such designations
have not been made by the governing board.
(b)
The number of Board members constituting a quorum.
(c)
The number of Board members necessarily in affirmative agreement
to render an opinion.
(d)
The form and content of records of proceedings and other Board
records.
(e)
Such other rules and regulations as may be necessary and proper
to accomplish the purposes of this chapter.
It is not the intention of this chapter to relax the common
law rules, statutory provisions and judicial decisions concerning
conflict of interest, duties of officers and employees and enforcement
and penalty provisions; therefore, all such common law rules, statutory
provisions and judicial decisions shall remain in full force and effect,
provided that said common law rules, statutory provisions and judicial
decisions be of greater severity in their application than the provisions
of this chapter.
