[HISTORY: Adopted by the Town Board of the Town of Avon 12-28-1970.
Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Town Board of the Town of Avon 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 Avon. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Avon. The rules
of ethical conduct of this chapter 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.
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:
[Amended 9-8-2005 by L. L. No. 3-2005]
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.
A corporation, any stock of which is owned or controlled directly or
indirectly by such officer or employee.
An officer or employee of the Town of Avon, 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 engineer or assistant chief engineer.
Every officer or employee of the Town of Avon 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 $75 or more, whether
in the form of money, services, loan, travel, entertainment, hospitality,
thing or promise or 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.
[Amended 9-8-2005 by L.L. No. 3-2005]
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 Avon, 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.
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.
G.
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 Avon 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 be 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 Avon 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.
A.
The Supervisor of the Town of Avon shall cause a copy
of this Code of Ethics to be distributed to every officer and employee of
the town within 30 days after the adoption. Each officer and employee elected
or appointed thereafter shall be furnished a copy before entering upon the
duties of his office or employment.
B.
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 of provisions thereof.
[Added 3-11-1993 by L.L.
No. 1-1993]
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.