[HISTORY: Adopted by the Board of Trustees of the Village of Johnson
City: Art. I, 8-20-1973 as Art. II of Ch. 2 of the 1973 Code; Art. II, 8-20-1973
as Art. III of Ch. 2 of the 1973 Code. Amendments noted where applicable.]
[Adopted 8-20-1973 as Art.
II of Ch. 2 of the 1973 Code]
This Code of Ethics consists of rules of ethical conduct for the officers
and employees of the Village of Johnson City and shall serve as a guide for
their official conduct. In addition to the provisions of this Code of Ethics,
the officers and employees of the Village of Johnson City shall be subject
to any prohibition contained in Article 18 of the General Municipal Law or
of any other general or special law relating to ethical conduct and interest
in contracts of municipal officers and employees.
As used in this Article, 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.
An officer or employee of the Village of Johnson City, 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 civil defense volunteer.
Every officer or employee of the Village of Johnson City 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. He or she shall not accept or receive any gift in the form of money
under circumstances in which it could reasonably be inferred that the gift
was intended to influence him or her or could reasonably be expected to influence
him or her in the performance of his or her official duties or was intended
as a reward for any official action on his or her part. He or she shall not
accept or receive any gift having a value of seventy-five dollars ($75.) or
more, whether in the form of 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 her
or could reasonably be expected to influence him or her in the performance
of his or her official duties or was intended as a reward for any official
action on his or her part.[1]
B.
Confidential information. He or she shall not disclose
confidential information acquired by him or her in the course of his or her
official duties or use such information to further his or her personal interest.
C.
Representation before one's agency. He or she shall not
receive compensation, nor 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 or she is an officer, member or employee
or of any municipal agency over which he or she has jurisdiction or to which
he or 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 compensation, nor enter into any agreement, express
or implied, for compensation for services to be rendered in relation to any
matter before any agency of his or her municipality, whereby his or 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 or she knows thereof, any officer or employee of the Village of Johnson
City, whether paid or unpaid, who participates in the discussion or gives
official opinion to the Board of Trustees or to any other board, commission
or agency of the Village of Johnson City, including the Binghamton-Johnson
City Joint Sewage Board, on any matter pending before any such board, commission
or agency shall publicly disclose on the official record the nature and extent
of any direct or indirect financial or other private interest he or she has
in such matter.
F.
Investments in conflict with official duties. He or she
shall not invest or hold any investment directly in any financial, business,
commercial or other private transaction which creates a conflict with his
or 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 or her official duties.
H.
Future employment. He or she shall not, after the termination
of service or employment with such municipality, appear before the Board of
Trustees or any board, commission or agency of the Village of Johnson City,
including the Binghamton-Johnson City Joint Sewage Board, in relation to any
case, proceeding or application in which he or she personally participated
during the period of his or her service or employment or which was under his
or 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 Village of Johnson City or any agency thereof on behalf
of himself or herself or any member of his or her family arising out of any
personal injury or property damage or for any lawful benefit authorized or
permitted by law.
A.
The mayor of the Village of Johnson City shall cause
a copy of this Code of Ethics to be distributed to every officer and employee
of the Village of Johnson City within thirty (30) days after its adoption.
Each officer and employee elected or appointed thereafter shall be furnished
a copy before entering upon the duties of his or her office or employment.
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.
[Adopted 8-20-1973 as Art.
III of Ch. 2 of the 1973 Code]
A Board of Ethics is hereby established for the Village of Johnson City.
The Board of Ethics shall consist of at least three (3) members, a majority
of whom are not otherwise officers or employees of the Village of Johnson
City, and shall include at least one (1) member who is an elected or appointed
officer or employee of the Village of Johnson City. The members shall be appointed
by the Mayor to serve at his or her pleasure.
The Board of Ethics shall render advisory opinions to officers and employees
of the Village of Johnson City with respect to Article 18 of the New York
General Municipal Law and with respect to the Code of Ethics of the Village
of Johnson City. Such advisory opinions shall be rendered pursuant to the
written request of any officer or employee of the Village of Johnson City
under such rules and regulations as the Board of Ethics may prescribe and
shall have the advice of counsel employed by the Board of Ethics or, if none,
the Village Attorney. In addition, the Board of Ethics may make recommendations
with respect to the drafting and adoption of amendments to the Code of Ethics
of the Village of Johnson City upon the request of the Board of Trustees.
At its option, the Board of Ethics may refer matters to the Broome County
Board of Ethics.
