[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 2-23-1998 by L.L. No. 2-1998 (Ch. 14 of the 1987
Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law of the State of New York, the Board of Trustees of the Village of Liverpool, New York, recognizes that there are rules of ethical conduct for public officers and employees which must be observed if they are to inspire public confidence and trust in Village government. Further, nothing is more important to officials and employees of the Village than the Village residents' opinion about their honesty, truthfulness and personal integrity. Finally, any individual or collective compromise with respect to these character traits can damage the ability of the Village government to perform its tasks and accomplish its mission. Accordingly, the purpose of this chapter is to promulgate these rules of ethical conduct for the officers and employees of the Village. These rules shall serve as a guide for official conduct of the officers and employees of the Village. 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 of the State of New York or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. Section 38-5 also provides for the establishment of a Board of Ethics for the Village pursuant to Article 18 of the General Municipal Law.
As used in this chapter, the following terms shall have the
meanings indicated, unless the context otherwise requires:
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee of this Village as a result of
a contract, law, resolution or ordinance with or of this Village.
An officer or employee of the Village, 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.
The Village of Liverpool, New York.
Any board, commission, department, bureau or the like of
the Village of Liverpool, New York.
The Board of Trustees of the Village of Liverpool, New York.
A.
Every municipal officer or employee of the Village shall be subject
to and abide by the following standards of conduct.
B.
Municipal officers and employees shall seek no favor for their service
to the Village and be aware that personal aggrandizement or profit,
secured by confidential information or by misuse of public time, is
dishonest.
(1)
Gifts.
(a)
Municipal officers and employees shall not directly or indirectly
solicit any gift or receive any gift, whether it be money, services,
loan, travel, entertainment, hospitality, promise or any other form,
under the following circumstances:
(b)
It is important that the prohibition be limited to circumstances
related to improper influence. In de minimis situations such as meal
checks for example, a maximum dollar value of $25 will be used as
a guideline. The guideline is not intended to isolate elected officials
from normal social practices where gifts among friends, associates
and relatives are appropriate for certain occasions.
(2)
Investments in conflict with official duties. Municipal officers
and employees shall not invest or hold any investment, directly or
indirectly, in any financial business, commercial or other private
transaction that creates a conflict with their official duties.
(3)
Personal relationships. Municipal officers and employees shall disclose
any personal relationship with any person or organization dealing
with the Village when that relationship has any bearing on the dealings
of said person or organization with the Village.
(4)
Confidential information. No officer or employee of the Village shall
disclose any confidential information peculiarly derived from his
or her position with the Village to any other agency or person who
might obtain a benefit from such information to the detriment of the
Village.
(5)
Private employment. Municipal officers and employees shall not engage
in, solicit, negotiate for or promise to accept private employment
nor should they render services for private interests or conduct a
private business when such employment, service or business creates
a conflict with or impairs the proper discharge of their official
duties.
(6)
Endorsement. Municipal officers and employees shall not endorse commercial
products by agreeing to use their photograph, endorsement or quotation
in advertisements, unless the endorsement is for public purpose, is
directed by the governing body and the official receives no compensation.
(7)
Disclosure of interest in legislation. To the extent that he/she
knows thereof, any municipal officer or employee, 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/she
has in such legislation.
(8)
Representation before one's own agency. He/she 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 Village
agency of which he/she is an officer, member or employee or over any
Village agency over which he/she has jurisdiction or to which he has
power to appoint any member, officer or employee.
(9)
Future employment. He/she shall not, after termination of service
or employment with the Village, appear before any Village agency in
relation to any case, proceeding or application in which he/she personally
participated during the period of his/her service or employment or
which was under his/her active consideration. Any future employment
shall confer no benefit on the employer or employee by reason of any
relationship of said officer or employee with the Village.
(10)
Public speech. Municipal officers and employees shall refrain from
making public comments that are in violation of the United States
Civil Rights Act, as amended, or the New York State Civil Rights Act,
as amended, and are contemptuous or dehumanizing to any individual
or group. While it is appreciated that there are laws that protect
freedom of speech, it is also appreciated that those same laws protect
the Board's right to publicly ensure speech made by officials
and employees of the Village that is not violative of statute or law.
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, or any agency
thereof, on behalf of him/herself or any member of his/her family
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
A.
There is hereby established a Board of Ethics consisting of three
members to be appointed by the Village Board, two of whom shall be
persons other than municipal officers or employees and one of whom
shall be an elected or appointed municipal officer or employee. The
members of the Board of Ethics shall receive no salary or compensation
for their services as members of such Board and shall serve at the
pleasure of the Village Board.
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 municipal officers and employees with respect to Article
18 of the General Municipal Law and the Code of Ethics adopted by
the Village Board pursuant to such article, under such rules and regulations
as the Board of Ethics may prescribe. In addition, such Board may
make recommendations with respect to drafting and adoption of amendments
to the Code of Ethics upon request of the Village Board.
Any suspected violation of the provisions of this chapter shall be referred to the Ethics Committee, which shall investigate and render its advisory opinion to the Board pursuant to § 38-5 herein. The Board shall then take any action it deems appropriate.
If any clause, paragraph, section or part of this chapter shall
be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall be rendered.
This chapter will in no way usurp any existing rules, regulations,
laws or codes of the Village of Liverpool, County of Onondaga, State
of New York or United States of America.
The Mayor of the Village shall cause a copy of this Code of
Ethics to be distributed to every municipal officer and employee within
30 days after the effective date of this chapter. Each municipal officer
and employee elected or appointed thereafter shall be furnished a
copy before entering upon the duties of his/her office or employment.
This chapter shall take effect 10 days after it is published,
posted and filed in accordance with law.
