[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 12-7-1970; amended in its entirety 8-1-1994 by L.L. No. 8-1994 (Ch.
6 of the 1971 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 23.
When used in this chapter and unless otherwise expressly stated
or unless the context otherwise requires, the following terms shall
have the meanings indicated:
The Village Treasurer.
Any claim, account or demand against or agreement with the
municipality, express or implied, and shall include the designation
of a depository of public funds and the designation of a newspaper,
including but not limited to an official newspaper, for the publication
of any notice, resolution, ordinance or other proceeding where such
publication is required or authorized by law.
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.
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
The Village of Baldwinsville.
An officer or employee of the municipality, 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.
Except as provided in § 37-3 of this chapter:
A.
No municipal officer or employee shall have an interest in any contract
with the municipality of which he is an officer or employee, when
such officer or employee, individually or as a member of a board,
has the power or duty to negotiate, prepare, authorize or approve
the contract or authorize or approve payment thereunder; audit bills
or claims under the contract; or appoint an officer or employee who
has any of the powers or duties set forth above.
B.
No Chief Fiscal Officer, Treasurer, or his deputy or employee shall
have an interest in a bank or trust company designated as a depository,
paying agent, registration agent or for investment of funds of the
municipality of which he is an officer or employee. The provisions
of this section shall in no event be construed or preclude the payment
of lawful compensation and necessary expenses of any municipal officer
or employee in one or more positions of public employment, the holding
of which is not prohibited by law.
A.
The provisions of § 37-2 of this chapter shall not apply to:
(1)
General.
(a)
The designation of a bank or trust company as a depository,
paying agent or registration agent or for investment of funds of a
municipality except when the Chief Fiscal Officer or his deputy or
employee has an interest in such bank or trust company; provided,
however, that where designation of a bank or trust company outside
the municipality would be required because of the foregoing restriction,
a bank or trust company within the municipality may nevertheless be
so designated.
(b)
A contract with a person, firm, corporation or association in
which a municipal officer or employee has an interest which is prohibited
solely by reason of employment as an officer or employee thereof,
if the remuneration of such employment will not be directly affected
as a result of such contract and the duties of such employment do
not directly involve the procurement, preparation or performance of
any part of such contract.
(c)
The designation of a newspaper, including but not limited to
an official newspaper, for the publication of any notice, resolution,
ordinance or other proceeding where such publication is required or
authorized by law.
(d)
The purchase by the municipality of real property or an interest
therein, provided that the purchase and the consideration therefor
is approved by order of the Supreme Court upon petition of the governing
board.
(e)
The acquisition of real property or an interest therein through
condemnation proceedings according to law.
(f)
A contract with a membership corporation or other voluntary
nonprofit corporation or association.
(g)
The sale of bonds and notes pursuant to § 60.10 of
the Local Finance Law.
(h)
A contract in which a municipal officer or employee has an interest
if such contract was entered into prior to the time he was elected
or appointed as such officer or employee, but this subsection shall
in no event authorize a renewal of any such contract.
(2)
Contracts.
(a)
A contract with a corporation in which a municipal officer or
employee has an interest by reason of stockholdings when less than
5% of the outstanding stock of the corporation is owned or controlled
directly or indirectly by such officer or employee.
(b)
A contract for the furnishing of public utility services when
the rates or charges therefor are fixed or regulated by the Public
Service Commission.
(c)
A contract for the payment of a reasonable rental of a room
or rooms owned or leased by an officer or employee when the same are
used in the performance of his official duties and are so designated
as an office or chamber.
(d)
A contract for the payment of a portion of the compensation
of a private employee of an officer when such employee performs part-time
service in the official duties of the office.
(e)
A contract in which a municipal officer or employee has an interest
if the total consideration payable thereunder, when added to the aggregate
amount of all consideration payable under contracts in which such
person had an interest during the fiscal year, does not exceed the
sum of $100.
(f)
A contract with a member of a private industry council established
in accordance with the Federal Job Training Partnership Act[1] or any firm, corporation or association in which such
member holds an interest, provided that the member discloses such
interest to the Council and the member does not vote on the contract.
[1]
Editor's Note: The Federal Job Training Partnership Act was
repealed by the Workforce Investment Act of 1998.
A.
Any municipal officer or employee who has, will have or later acquires
an interest in any actual or proposed contract with the municipality
of which he is an officer or employee shall publicly disclose the
nature and extent of such interest, in writing, to the governing body
thereof as soon as he has knowledge of such actual or prospective
interest. Such written disclosure shall be made part of and set forth
in the official record of the proceedings of such body. Once disclosure
has been made by an officer or employee with respect to an interest
in a contract with a particular person, firm, corporation or association,
no further disclosures need be made by such officer or employee with
respect to additional contracts with the same party during the remainder
of the fiscal year.
Any contract willfully entered into by or with a municipality
in which there is an interest prohibited by this chapter shall be
null, void and wholly unenforceable.
As provided in state law, any municipal officer or employee
who willfully and knowingly violates the foregoing provisions of this
chapter shall be guilty of a misdemeanor.
A.
No municipal officer or employee shall:
(1)
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,
service, loan, travel, entertainment, hospitality, thing or promise
or in 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.
(2)
Disclose confidential information acquired by him in the course of
his official duties or use such information to further his personal
interests.
(3)
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.
(4)
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.
B.
In addition to any penalty contained in any other provision of law,
any person who shall knowingly and intentionally violate this section
may be fined, suspended or removed from office or employment in the
manner provided by law.
A.
Every application, petition or request submitted for a variance,
amendment, change of zoning, approval of a plat or exemption from
a plat or official map, license or permit, pursuant to the provisions
of any ordinance, local law, rule or regulation constituting the zoning
and planning regulations of a municipality, shall state the name,
residence and the nature and extent of the interest of any state officer
or any officer or employee of such municipality or of a municipality
of which such municipality is a part, in the person, partnership or
association making such application, petition or request (hereinafter
called the "applicant") to the extent known to such applicant.
B.
For the purpose of this section, an officer or employee shall be
deemed to have an interest in the applicant when he, his spouse or
their brothers, sisters, parents, children or grandchildren, or the
spouse of any of them:
(1)
Is the applicant;
(2)
Is an officer, director, partner or employee of the applicant;
(3)
Legally or beneficially owns or controls stock of a corporate applicant
or is a member of a partnership or association applicant; or
(4)
Is a party to an agreement with such an applicant, express or implied,
whereby he may receive any payment or other benefit, whether or not
for services rendered, dependent or contingent upon the favorable
approval of such application, petition or request.
C.
Ownership of less than 5% of the stock of a corporation whose stock
is listed on the New York or American Stock Exchanges shall not constitute
an interest for the purposes of this section.
D.
As provided in state law, a person who knowingly and intentionally
violates this section shall be guilty of a misdemeanor.
The Mayor shall cause a copy of the Village's Code of Ethics
to be distributed to every officer and employee of the Village. 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.
