[HISTORY: Adopted by the Town Board of the Town of Collins 6-15-1987 by L.L. No.
1-1987 (Ch. 4 of the 1987 Code). Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Code of
Ethics of the Town of Collins, New York."
Pursuant to the provisions of § 806 of the General
Municipal Law, the Town Board of the Town of Collins 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 Collins. These rules shall serve as a guide for official conduct
of the officers and employees of the Town of Collins. 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 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 from a nonmunicipal source under
circumstances defined by General Municipal Law § 800, Subdivision
3.
An officer or employee of the Town of Collins, whether paid
or unpaid, including members of any administrative board; board of
appeals, commission; departments; constabulary; or other agency thereof.
No person shall be deemed to be a municipal officer or employee solely
by reason of being a volunteer firemen or civil defense volunteer,
except a fire chief or assistant fire chief.
Every municipal officer or employee of the Town of Collins 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,
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 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 own agency. He or she 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 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,
provided that this subsection shall not prohibit the fixing at any
time of fees based upon the reasonable value of the services rendered.[2]
D.
Representation before any agency for a contingent fee. He or she
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 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.
E.
Disclosure of interest in legislation. To the extent that he or she
knows thereof, a municipal officer or employee of the Town of Collins,
whether paid or unpaid, who participates in the discussion or gives
official opinion to any board, commission or agency on any legislation
before the Town Board shall publicly disclose on the official record
the nature and extent or any direct or indirect financial or other
private interest he or she has in such legislation.
F.
Investments in conflict with official duties. He or she 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 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 any board
or agency of the Town of Collins 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 Town of Collins, 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.
The Supervisor of the Town of Collins 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 effective date of this chapter.
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. Failure to distribute any such copy or failure of any
municipal 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.
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.
