[HISTORY: Adopted by the Common Council of the City of Plattsburgh
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-1970 by L.L. No. 9-1970 (Ch. 52 of the 1989 Code)]
The Common Council of the City of Plattsburgh recognizes that
there are state statutory provisions authorizing cities to establish
rules and standards of ethical conduct for public officers and employees
which, if observed, can enhance public confidence in local government.
In the light of a tendency today on the part of some people to downgrade
our local governments and to discredit our public servants and our
free institutions generally, it appears necessary that every effort
be made to ensure the highest caliber of public administration of
this City as part of our state's important system of local government.
It is the purpose of this chapter to implement this objective through
the establishment of standards of conduct, to provide for punishment
of violation of such standards and to create a Board of Ethics to
render advisory opinions to the City's officers and employees
as provided herein.
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflicts of interest provisions
or procedures prescribed by statute of the State of New York and also
in addition to common law rules and judicial decisions relation to
the conduct of City officers to the extent that the same are more
severe in their application than this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any board, commission, district, council or other agency,
department or unit of the government of the City of Plattsburgh.
Any officer or employee of the City of Plattsburgh, whether
paid or unpaid and whether serving in a full-time, part-time or advisory
capacity.
No City employee shall have any interest, financial or otherwise,
direct or indirect, or engage in any business or transaction or professional
activity or incur any obligation of any nature which is in substantial
conflict with the proper discharge of his duties in the public interest.
A.
No City employee shall accept other employment which will impair
his independence of judgment in the exercise of his official duties.
B.
No City employee shall accept employment or engage in any business
or professional activity which will require him to disclose confidential
information which he has gained by reason of his official position
or authority.
C.
No City employee shall use or attempt to use his official position
to secure unwarranted privileges or exemptions for himself or others.
D.
No City employee shall engage in any transaction as representative
or agent of the City with any business entity in which he has a direct
or indirect financial interest that might reasonably tend to conflict
with the proper discharge of his official duties.
E.
A City employee shall not by his conduct give reasonable basis for
the impression that any person can improperly influence his or unduly
enjoy his favor in the performance of his official duties or that
he is affected by the kinship, rank, position or influence of any
party or person.
F.
Each City employee shall abstain from making personal investments
in enterprises which he has reason to believe may be directly involved
in decisions to be made by him or which will otherwise create substantial
conflict between his duty in the public interest and his private interest.
G.
Each City employee shall endeavor to pursue a course of conduct which
will not raise suspicion among the public that he is likely to be
engaged in acts that are in violation of his trust.
H.
No City employee employed on a full-time basis, nor any firm or association
of which such employee is a member, nor corporation, a substantial
portion of the stock of which is owned or controlled directly or indirectly
by such employee, shall sell goods or services to any person, firm,
corporation or association which is licensed or whose rates are fixed
by the City in which such employee serves or is employed.
I.
Each City employee shall, to the extent that he is cognizant thereof,
disclose any interest he may have in legislation before the City Board.
In addition to any penalty contained in any other provision
of law, any such City employee who shall knowingly and intentionally
violate any of the provisions of this chapter may be fined, suspended
or removed from office or employment in the manner provided by law.
[Adopted 12-17-1970 by L.L. No. 10-1970 (Ch. 53 of the 1989 Code)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There is hereby authorization to establish a Board of Ethics
consisting of three members, to be appointed by the City Council and
Mayor, all of whom reside in the City of Plattsburgh and who shall
serve without compensation and at the pleasure of the City Council
and Mayor of the City of Plattsburgh. A majority of such members shall
be persons other than City employees, but the Board shall include
at least one member who is an elected or appointed City employee of
the City of Plattsburgh.
The Board of Ethics established hereunder shall render advisory
opinions to City employees on written request and upon request of
the Common Council shall make recommendations to such Common Council
as to any amendments of this chapter. The opinions of the Board of
Ethics shall be advisory and confidential and in no event shall the
identity of the City 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 City Attorney.
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.