[HISTORY: Adopted by the Town Board of the
Town of Victor 10-26-1970 by L.L. No. 1-1970. Amendments noted where
applicable.]
This chapter shall be known as the "Victor Code
of Ethics Local Law."
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Victor
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 Victor. These rules shall serve as a guide for official
conduct of the officers and employees of the Town of Victor. 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.
[Amended 1-22-1996 by L.L. No. 1-1996]
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 purpose
of this chapter, a municipal officer or employee shall be deemed to
have an "interest" in the contract of his or her 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 Town of Victor, whether paid
or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer, except a Fire Chief or Assistant Fire
Chief.
[Amended 1-22-1996 by L.L. No. 1-1996]
Every officer, employee, or appointee receiving
remuneration of the Town of Victor shall be subject to and abide by
the following standards of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift or accept or receive any gift having a value as set forth
in § 805-a of the General Municipal Law, 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 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.
B.
Confidential information, He shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest.
C.
Representation before Town Board or agency. He 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
board, court or agency over which he has jurisdiction or to which
he has the power to appoint any member, officer or employee.
D.
Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Town Board and any officer
or employee of the Town of Victor, whether paid or unpaid, who participates
in the discussion or gives an official opinion to the Town Board on
any legislation before the Town 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 legislation.
E.
Investments in conflict with official duties. He shall
not invest or hold any investment, directly or indirectly, in any
financial, business or commercial or other private transaction which
creates a conflict with his official duties.
F.
Private employment. He 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 official duties.
G.
Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency in the Town of Victor in relation to any case, proceeding
or application in which he personally participated during the period
of his service or employment or which was under his active consideration.
H.
Disclosure. He shall file with the Town Board of Ethics
the annual disclosure and conflict of interest statement on the prescribed
form.[1]
[Added 5-12-2008 by L.L. No. 3-2008]
[1]
Editor's Note: Said form is included at the end of this chapter.
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 Victor,
or any agency thereof, on behalf of himself or any member of his family
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
[Amended 1-22-1996 by L.L. No. 1-1996]
The Supervisor of the Town of Victor 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 office
or employment. Failure to distribute any copy of the Code of Ethics
or failure of any officer or employee to receive any such copy shall
have no effect on the duty of compliance with such code, nor the enforcement
of the provisions thereof, pursuant to Subdivision 2 of § 806
of the General Municipal Law.
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.
[Amended 6-12-2006 by L.L. No. 3-2006]
A.
This section is enacted pursuant to the authority
of Chapter 365 of the Laws of 1976 which added a new Subparagraph
(3) to Paragraph d of Subdivision 1 of §10 of the Municipal Home
Rule Law authorizing a town to adopt a local law which amends or supersedes
any provision of the Town Law in relation to the property, affairs
or government of the town or in relation to any of the other enumerated
subject matters in such § 10, unless there is a state legislative
restriction on such amendment or supersession. It is the intent of
the Victor Town Board to supersede the General Municipal Law as it
relates to the composition of the local Board of Ethics.
B.
There is hereby established a Board of Ethics consisting
of five members to be appointed by the Town Board of the Town of Victor.
The members of the Board of Ethics shall serve without compensation
for a five-year term of office. The terms of members of the Board
shall be so fixed that one term shall expire at the end of each calendar
year. If a vacancy shall occur other than by expiration of term, it
shall be filled by the Town Board by appointment for the unexpired
term. All such members shall be persons other than officers and employees
of the Town of Victor.
[Amended 2-26-2007 by L.L. No. 1-2007]
C.
The Board of Ethics shall have the powers and duties
prescribed by Article 18 of the General Municipal Law and shall render
advisory opinions to the officers and employees of the Town of Victor
pursuant to the written request of such officer or employee with respect
to Article 18 of the General Municipal Law and the foregoing Code
of Ethics, under such rules and regulations as the Board may prescribe.
