[HISTORY: Adopted by the Town Board of the Town of Busti 12-29-1970 (Art. 21 of the 1989 Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of Busti recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of 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 Busti. These rules shall serve as a guide for official conduct of the officers and employees of the Town of Busti.
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:
- A. His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves;
- B. A firm, partnership or association of which such officer or employee is a member or employee;
- C. A corporation of which such officer or employee is an officer, director or employee; and
- D. A corporation any stock of which is owned or controlled directly or indirectly by such officer or employee.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Town of Busti, 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 fire chief or assistant fire chief.
Every officer or employee of the Town of Busti shall be subject to and abide by the following standards of conduct:
He shall not, directly or indirectly, solicit any gift or accept or receive any gift, whether in the form of money, services, loans, 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.
The receipt of an unsolicited gift or gifts having a total value of less than $75, received in any one calendar year from any one person, firm or corporation, shall not be deemed a violation of this chapter unless there is evidence beyond a reasonable doubt that such gift or gifts were intended to influence or reward.
Rewards. No elected official shall, directly or indirectly, solicit campaign funds or aid for votes with the promise implied or stated to reward party members by appointment to any post, whether salaried or not, in the Town of Busti.
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 interests.
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 any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
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 dependant 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.
Representation before any municipal commission, board or town court. He shall not knowingly receive, directly or indirectly, individually or as a member of a law firm, any compensation for services to be rendered by him or any member of his firm to any client in relation to any matter before the Town Court or any commission or board of the Town of Busti.
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 Busti, 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.
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.
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.
Future employment. He shall not, after the termination of service or employment with the Town of Busti, appear before any board or agency of the Town of Busti 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 Busti or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or lawful benefit authorized or permitted by law.
The Supervisor of the Town of Busti shall cause a copy of this code of ethics to be distributed to every officer and employee of the Town of Busti within 10 days after the effective date of this chapter. Every officer and employee elected or appointed thereafter shall be furnished a copy before 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 of the provisions thereof.
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 chapter may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.