[HISTORY: Adopted by the Board of Trustees of the Village of Caledonia 10-6-1981
by L.L. No. 2-1981 as Ch. 9 of the 1981 Code. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Code of Ethics,
Village of Caledonia."
As used in 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 the result of a contract with the municipality
which such officer or employee serves. For the purposes of this chapter, a
municipal officer or employee shall be deemed to have an interest in the contract
of his 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; and a corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.[1]
An officer or employee of the Village of Caledonia, 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 fireman or civil defense volunteer,
except a Chief and the Assistant Chief.
Every municipal officer and employee shall be subject to and abide by
the standards of conduct set forth herein.
The following standards of conduct shall apply to every municipal officer
and employee:
A.
Gifts. No municipal officer or employee shall, 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. No municipal officer or employee
shall 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. No municipal
officer or employee shall 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 before 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.
No municipal officer or employee shall 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 this 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 Village Board and any officer or employee
of the Village of Caledonia, whether paid or unpaid, who participates in the
discussion or gives official opinion to the Village Board on any legislation
before the Village 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. No municipal
officer or employee shall 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. No municipal officer or employee
shall 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. No municipal officer or employee shall,
after the termination of service or employment with such municipality, appear
before any board or agency of the Village of Caledonia 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 Village of Caledonia 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 Mayor of the Village of Caledonia shall cause a copy of this chapter
to be distributed to every municipal officer and employee of the village within
10 days after the effective date thereof. Every officer and employee elected
or appointed thereafter shall be furnished a copy prior to entering upon the
duties of his 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 the enforcement provisions thereof.
In addition to any penalty contained in any other provision of law hereby
made applicable, any person who shall knowingly and intentionally violate
any of the provisions of this chapter may be fined, suspended or removed from
office in the manner provided by law therefor.
