[HISTORY: Adopted by the Town Board of the
Town of Batavia 12-8-1970 by L.L. No. 1-1970. Amendments noted where
applicable.]
GENERAL REFERENCES
Investment policy — See Ch. 20.
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Batavia
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 Town of Batavia. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Batavia. 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. It is the further purpose of this chapter to create
a Board of Ethics to render advisory opinions to the town's officers
and employees as provided herein.
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; 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
any stock of which is accrued or controlled directly or indirectly
by such officer or employee, unless the context otherwise requires.
An officer or employee of the Town of Batavia, including
members of an administrative board, commission or other agency thereof,
whether paid or unpaid, whether serving in a full-time, part-time
or advisory capacity. No person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer, except a chief engineer or assistant chief
engineer.
Every officer or employee of the Town of Batavia
shall be subject to and abide by the following standards of conduct:
A.
Gifts. He shall not directly or indirectly solicit
any gift 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 could reasonably be inferred that the gift was intended
to influence him, or could reasonably be expected to influence him,
in the performance of his official duties or was intended as a reward
for any official action on his part.
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.
C.
Representation before one's own agency. He 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 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, express 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 Town Board and any officer
or employee of the Town of Batavia, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Town Board on any
legislation before the Town Board 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 Town of Batavia 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.
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 Town of Batavia,
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.
[Amended 9-19-2018 by L.L. No. 5-2018]
The Supervisor of the Town of Batavia shall
cause a copy of this law to be distributed to every officer and employee
of the town within five 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.
A.
There is hereby established a Board of Ethics consisting
of three members to be appointed by the Town Board and who shall serve
without compensation and at the pleasure of the Town Board. A majority
of such members shall be persons other than officers or employees
of the Town of Batavia, but the Board shall include at least one member
who is an elected or appointed officer or employee of the Town of
Batavia.
B.
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 Town of Batavia
with respect to Article 18 of the General Municipal Law and any Code
of Ethics adopted pursuant to such article, under such rules and regulations
as the Board may prescribe. In addition, the Board may make recommendations
with respect to the drafting and adoption of a Code of Ethics or amendments
thereto upon request of the Town Board.
[Added 9-19-2018 by L.L.
No. 5-2018[1]]
The provisions of 2 CFR 200.318(c)(1), relating to conflicts
of interest in certain federal contracts, as may be amended from time
to time, are hereby incorporated by reference into this chapter and
made a part hereof.
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 code may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
