[HISTORY: Adopted by the Village Board of the Village of Webster 8-26-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
Officers and employees — See Ch. 13.
Pursuant to the provisions of § 806 of the General Municipal Law, the Village 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 maintained 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 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 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:
- 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 Village of Webster, whether paid or unpaid, including members of any administrative board, commission or other agency thereof.
Every officer or employee of the Village shall be subject to and abide by the following standards of conduct:
Gifts. He or she shall not, directly or indirectly, solicit any gift, 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 or her official duties, or was intended as a reward for any official act on his or her part. He or she shall not, directly or indirectly, 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 form, under circumstances in which it could be reasonably inferred that the gift was intended to influence him or could be reasonably expected to influence him in the performance of his or her duties, or was intended as a reward for any official action on his or her part.
Confidential information. He or she shall not disclose confidential information acquired by him in the course of his or her official duties or use such information to further his or her personal interest.
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 agency of this municipality, whereby his or her 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.
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village, whether paid or unpaid, who participates in the discussion or gives official opinion to the Village on any matters before the 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 matters. Actual entry in the official minutes of the disclosure of interest will suffice.
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 conflict with his or her official duties.
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.
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 Village 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 to prevent the timely filing by present or former municipal officer or employee of any claim, account, demand or suit against the Village, 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 Clerk of the Village shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village within 10 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 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.
Membership. There is hereby established a Board of Ethics consisting of at least three members, appointed by the Mayor with the approval of the Board of Trustees, all of whom shall reside in the Village of Webster and who shall serve without compensation for a term of one year. The Board shall consist of a majority of members whom are not otherwise officers or employees of such municipality and shall include at least one member who is an elected or appointed municipal officer or employee.
Advisory opinions. The Board of Ethics established hereunder shall render advisory opinions to Village employees on written request, and, upon request of the Board of Trustees of the Village of Webster, make recommendations to such Village Board. The opinions of the Board of Ethics shall be advisory and confidential and in no event shall the identity of the Village employee be disclosed except to authorized persons and agencies. Such opinions shall be on the advice of counsel employed by the Board of Ethics or, if none, of the Village Attorney.
Rules and regulations. Such Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings.
This chapter shall take effect 10 days after it is adopted.