[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie 10-16-1990 by L.L.
No. 5-1990. Amendments noted where applicable.]
The proper administration of the government of the Village of
Canajoharie requires its officers and employees, whether elected or
appointed, paid or unpaid, including members of any Village administrative
board, commission or other agency, to be impartial and free from conflicts
of interest in fulfilling their public responsibilities. The purpose
of this chapter is to state for these officers, employees or appointees
of the Village of Canajoharie and for the citizens of the Village
standards of conduct necessary to assure this, in addition to the
standards prescribed in Article 18 of the General Municipal Law.
A.
A
local Board of Ethics is hereby established, pursuant to § 808
of Article 18 of the General Municipal Law, to be composed of three
members appointed by the Board of Trustees of the Village of Canajoharie
for six-year terms, except that the first three members shall be appointed
for terms of two, four and six years, respectively. The majority of
members must be non-Village officers or employees; however, such Board
shall include at least one member who is an elected or appointed municipal
officer or employee. No recognized political party, as defined in
the Election Law of the State of New York § 1-104, Subdivision
3, shall be represented by more than two registrants as members of
the Board of Ethics.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The
Board of Ethics shall select its own counsel, who shall not be the
Village Attorney and need not be a resident of the Village of Canajoharie,
and compensation for such attorney shall be as provided by the Board
of Trustees of the Village.
C.
The
local Board of Ethics shall require each officer, employee and appointee
of the Village of Canajoharie to file a financial disclosure statement
annually with the Clerk of the Village in the form attached hereto,
made a part hereof and designated as Attachment A, subject to amendment
thereof as the local Board of Ethics shall deem appropriate.[1] Each such disclosure statement shall be retained on file
by the Village Clerk for a minimum period of seven years.
[Amended 2-5-1991 by L.L.
No. 1-1991]
[1]
Editor's Note: Attachment A is on file in the Village
offices.
D.
The
local Board of Ethics shall render advisory opinions to officers,
employees and appointees of the Village of Canajoharie with respect
to Article 18 of the General Municipal Law and this Code of Ethics.
Such advisory opinions shall be rendered pursuant to written confidential
request of any member of the Board of Trustees of the Village of Canajoharie
or by resolution of a majority of the Village Board. Such advisory
opinions may also be rendered pursuant to the written confidential
request of any officer, employee or appointee of the Village of Canajoharie
or pursuant to the written request of any citizen of the Village of
Canajoharie, with the approval of two members of the Board of Trustees
of the Village of Canajoharie.
E.
Any
opinion of the local Board of Ethics expressing a finding of conflict
of interest shall be made public in accordance with the adopted rules
and regulations of said Board of Ethics and the guaranties of due
process.
F.
The
local Board of Ethics shall operate under such rules and regulations
as it deems advisable, such rules and regulations to guarantee due
process and be approved by counsel to said Board.
G.
The
local Board of Ethics shall have such other powers and duties as shall
be provided by or pursuant to Article 18 of the General Municipal
Law of the State of New York.
When used in this chapter and unless the context otherwise requires,
the words defined in § 800 of Article 18 of the General
Municipal Law shall have the meanings therein stated.
No officer, employee or appointee of the Village of Canajoharie
shall use or permit the use of Village property (including land, vehicles,
equipment, materials and any other property) for personal convenience
or profit, except when such use is available to citizens of the Village
generally or is provided as a matter of Village policy.
A.
No
officer, employee or appointee of the Village of Canajoharie shall
disclose or use for profit for himself or others information about
the property, affairs, finances or government of the Village of Canajoharie
that is not generally available to the public.
B.
To
the extent that he knows thereof, any officer, employee or appointee
of the Village of Canajoharie who participates in the discussion of
or who gives official opinions to the Village Board on any matter
or legislation under consideration by that agency shall publicly disclose
for the official record the nature and extent of any direct or indirect
financial or other private interest he has in that matter or legislation.
No officer, employee or appointee of the Village of Canajoharie
shall, 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 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.
No officer, employee or appointee of the Village of Canajoharie
shall 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.
An officer, employee or appointee of the Village of Canajoharie
shall treat all members of the public, whether a person, firm, corporation
or other organization, with equal consideration and without special
advantage.
No officer, employee or appointee of the Village of Canajoharie
shall represent any private interest, person or entity (other than
himself) before any Village agency or court or in any transaction
with the Village or any agency thereof. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Village of Canajoharie in relation to any case,
proceeding or application in which he personally participated during
the period of his Village service or employment or which was under
his active consideration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Mayor and the Village of Canajoharie shall cause a copy
of this Code of Ethics and Article 18 of the General Municipal Law
to be distributed to every officer and employee of the Village of
Canajoharie within 30 days after the effective date of this chapter.
Each officer and employee elected or appointed thereafter shall be
furnished a copy of this Code of Ethics and Article 18 of the General
Municipal Law. The Mayor of the Village of Canajoharie shall cause
a copy of this Code of Ethics and Article 18 of the General Municipal
Law to be kept posted in each public building under jurisdiction of
the Village of Canajoharie. 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.
A violation of Article 18 of the General Municipal Law or any
provision of this Code of Ethics shall be grounds for suspension,
as the Village Board considers advisable, subject to the provisions
of the current collective bargaining agreement between the Village
of Canajoharie and the employees thereof.
The Village Attorney shall accept no employment from any person,
firm, partnership, corporation, municipality or other entity which
will create a conflict of interest or the appearance of a conflict
of interest with the interests of the Village of Canajoharie.
A.
Any officer, employee or appointee of the Village of Canajoharie
accepting employment from any person, firm, partnership, corporation,
municipality or other entity that represents any private interest,
person or entity (other than himself) before any agency or court of
the Village of Canajoharie must disclose that employment to the Village
Board.
B.
Any officer, employee or appointee of the Village of Canajoharie
accepting employment from any person, firm, partnership, corporation,
municipality or other entity that is involved in any transaction with
the Village of Canajoharie or any agency thereof must disclose that
employment to the Village Board.
C.
Any officer, employee or appointee of the Village of Canajoharie
accepting employment from any person, firm, partnership, corporation,
municipality or other entity which may create a conflict of interest
or the appearance of such conflict with the interests of the Village
of Canajoharie must disclose that employment to the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any person who holds an office or leadership position (defined as
Chairman, President, Vice Chairman, Vice President, Treasurer, Comptroller,
Secretary or any other title or position of authority whose duties
include those commonly recognized as the duties of those official
titles or positions) in a political party, as defined in the Election
Law of the State of New York, § 1-104, Subdivision 3, specifically
excluding official positions and titles of authority in political
party structures on the county, state or national level, shall not
be eligible for appointment to the Planning Board, the Zoning Board
of Appeals or the Board of Ethics of the Village of Canajoharie.
B.
Any person who holds the chief executive position (defined as Chairman,
President or any other title or position of authority whose duties
include those commonly recognized as the duties of those official
titles or positions) in any organization, a purpose of which is to
represent the interests of a geographic area that is inclusive of
part but not all of the Village of Canajoharie, shall not be eligible
for appointment to the Planning Board, the Zoning Board of Appeals
or the Board of Ethics.
C.
Any new advisory board or commission created by resolution of the
Village Board of the Village of Canajoharie shall fall under the restrictions
for membership eligibility prescribed by this Code of Ethics unless
specifically excluded by resolution of the Village Board.
A.
This Code of Ethics of the Village of Canajoharie, with all of its
revisions, is effective immediately upon filing thereof pursuant to
§ 27 of the Municipal Home Rule Law.
B.
Any officer, employee or appointee of the Village of Canajoharie
who, as a result of these revisions, is in violation of the duly adopted
revised Code of Ethics, is directed to comply with all of its stipulations
and requirements within 60 days of the date of enactment.
C.
Any previous ordinances, local laws or resolutions of the Village
of Canajoharie establishing a Code of Ethics or Board of Ethics for
such Village are hereby repealed.
