[HISTORY: Adopted by the Village Board of the Village of
Webster 8-26-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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; and
A corporation any stock of which is owned or controlled directly
or indirectly by such 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:
A.
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.
B.
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.
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 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.
D.
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.
E.
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.
F.
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.
G.
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.[2]
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.
A.
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.[1]
B.
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.
C.
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.
