[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora 12-7-1970 by L.L. No. 2-1970 (Chapter 10 of the 1972 Code). Amendments noted where applicable.]
The Board of Trustees of the Village of East Aurora believes that there is a level of ethical conduct for public officers and employees which must be maintained if a high degree of conduct is to be obtained and if public confidence is to be maintained in our local government. It is the purpose of this chapter to promulgate these rules of ethical conduct for the officers and employees of the Village of East Aurora. These rules shall serve as a guide for the official conduct of the officers and employees of the Village of East Aurora. 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.
For the purpose of this chapter, the terms used herein are defined as follows:
- A pecuniary or material benefit accruing to a municipal officer or employee, unless the context otherwise requires.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Village of East Aurora, whether paid or unpaid, including members of any administrative board, commission or 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 Chief Engineer or Assistant Engineer of the Village Volunteer Fire Department.
Every officer or employee of the Village of East Aurora shall be subject to and abide by the following standards of conduct:
Gifts. He shall not directly or indirectly solicit any gift, or accept or receive any gift having a value of $25 or more, 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.
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.
Representation before one's own agency. He shall not receive or enter into any agreement, express or implied, under which he will receive compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member, or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
Representation before any agency for a contingent fee. He shall not receive or enter into any agreement, express or implied, under which he will receive compensation for services to be rendered in relation to any matter before any agency of his municipality whereby his 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 of East Aurora, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees, shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other or other private interest he has in such legislation.
Investments in conflict with official duties. He shall not 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.
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.
Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village of East Aurora 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.
No municipal officer or employee shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others or grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.
No municipal officer or employee shall by his conduct give reasonable basis for the impression that any person can unduly influence him or improperly 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.
No municipal officer or employee shall direct or cause any municipal officer or employee to do or perform any service or work outside of public work or employment, or accept any such service or work, nor shall any municipal officer or employee offer to perform, or perform, any such service or work for such municipal officer or employee. This section shall not preclude any officer or employee from voluntarily performing any such service or work outside of the hours during which he is assigned to perform duties for the Village or as specifically designated by the Village administration.
No municipal officer or employee shall request or permit the use of Village-owned vehicles, equipment, materials or property for personal convenience or profit. When such vehicles, equipment, materials or property are provided as Village policy and by order of the Village Board for the use of such officer or employee, they may be used only in the conduct of official business; provided, however, that the Village Board may, by resolution, permit the use of Village-owned vehicles for limited personal convenience.
[Amended 3-2-1987 by L.L. No. 7-1987]
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 Village of East Aurora, 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 3-14-2006 by L.L. No. 1-2006]
The Mayor of the Village of East Aurora shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village 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 such copy or failure of any Village employee to receive such copy shall have no effect on the duty of compliance with this chapter, nor the enforcement of provisions hereof.
A Board of Ethics is hereby established consisting of three members to be appointed by the Board of Trustees of the Village of East Aurora, which members shall be residents of the Village of East Aurora and who shall serve without compensation and at the pleasure of the Board of Trustees. A majority of such members shall be persons other than officers or employees of the Village of East Aurora, but one member shall be an elected or appointed officer or employee of the Village of East Aurora.
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 Village of East Aurora with respect to Article 18 of the General Municipal Law and this Code of Ethics. Such advisory opinions shall be rendered pursuant to the written request of any such officer or employee under such rules and regulations as the Board of Ethics may prescribe. The Board of Ethics may publish its advisory opinions with the permission and consent of the officer or employee involved. In addition, the Board of Ethics may make recommendations with respect to the amendment of this Code of Ethics upon the request of the Board of Trustees.
The Board of Trustees shall receive complaints concerning violations of this code and must refer such complaints to the Board of Ethics for advisory opinions. The Board of Trustees shall receive such advisory opinions from the Board of Ethics concerning violations of this code and shall consider all opinions of the Board of Ethics and take such action as is deemed appropriate after affording a hearing to the individuals involved in such complaints.
In addition to any penalty contained in any other provisions 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.
This chapter is enacted pursuant to the provisions of § 806 of the General Municipal Law and shall take effect upon filing as provide in § 27 of the Municipal Home Rule Law.