HomeMy WebLinkAboutEthics Policy draft 1-9-15 -jmm final.pdfEffective 1-xx-2015
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Village of Cayuga Heights
Code of Ethics
D R A F T
The purpose of this Code of Ethics to require officials of the Village of Cayuga Heights (the
“Village”), whether elected, appointed or employed, whether full time or part time, to avoid any
action which will result in, or give the appearance of, unethical conduct.
Section 1 – Declaration of Policy
Pursuant to New York General Municipal Law §806, the Board of Trustees of the Village of Cayuga
Heights recognizes rules of ethical conduct for public officials, officers and employees must be
observed to maintain a high degree of moral conduct and public confidence in our local unit of
government. Public officers, officials and employees must be independent, impartial and
responsible to the people. They must ensure that government decisions and policy are made in the
proper channels of the governmental structure, that public office is not used for personal gain,
observe in their official acts the highest standards of morality and discharge faithfully the duties of
their office regardless of personal consideration. It is the purpose of this code, approved by
resolution by the Board of Trustees, to provide rules of ethical conduct for the officers, officials and
employees of the Village of Cayuga Heights. In the event of any conflict between the provisions of
this code and New York General Municipal Law, the latter shall control.
Section 2 – Definitions
A. “Municipal Officer, Official or Employee” means an officer, official or employee of the Village
of Cayuga Heights whether paid or unpaid, including members of any administrative board,
commission, committee or other agency thereof. No person shall be deemed to be a
municipal officer, official or employee solely by reason of being a volunteer fireman or civil
defense volunteer, except a chief engineer or assistant chief engineer.
B. “Interest” means a pecuniary or material benefit accruing to a municipal officer or employee
unless the context otherwise requires.
C. “Conflict of Interest” means no official, officer or employee of the Village 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 conflict with, might
reasonably tend to conflict with, might be perceived to present a conflict of interest with the
proper discharge of his duties for the Village.
Section 3 – Representation of Private Interests
No official, officer or employee of the Village shall represent private interests before any
department, board, office or agency of the Village nor represent private interests in any action or
proceeding against the interests of the Village or in any litigation to which the Village is a party.
Section 4 – Disclosure of Interest
A. Any official, officer or employee of the Village, whether paid or unpaid, who has a direct or
indirect financial or other private interest in any matter being considered by the Village of
Cayuga Heights’ Board of Trustees, or by any other official or agency, officer or employee of
the Village, and who participates in discussions before or gives opinions to the Board,
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agency or individuals, shall publicly disclose on the official record the nature and extent of
such interest.
B. Any official, officer or employees of the Village, whether paid or unpaid, who has knowledge
of any matter being considered by any board, agency, officer or employee of the Village in
which he has any direct or indirect financial or other private interest, shall be required to
disclose, in writing his interest to such board, agency, officer or employee and the nature
and extent thereof.
C. A copy of every disclosure required under subsection A and B above, including a copy of any
transcript of such disclosure, shall be promptly provided to the Village Clerk who shall
maintain and file the disclosure as a public record.
Section 5 – Interests in Conflict with Official Duties
A. Any official, officer or employee of the Village shall abstain from making personal
investments in enterprises which he/she has reason to believe may be directly affected in
decisions to be made by him/her or which will otherwise create conflict between his/her
public duty and his/her private interest. Further he/she shall refrain from discussion of
any questions in which he/she or a member of his/her immediate family has an interest.
B. An elected official shall not vote on any proposal or action where that official has expressed
an interest in property which will be affected by the adoption of the proposal or action,
unless the official provides proof to the Village Clerk that he/she has notified the owner or
agent of property of the termination of that interest.
C. Public officials and employees, whether full time or part time, must avoid any action, which
will result in or create the appearance of using public office for private gain, and/or the
giving of preferential treatment to any person.
D. Public officials, whether full time or part time, must avoid any action which will adversely
affect the confidence of the public in the integrity of its municipal government or the public
officials involved.
Section 6 – Standards of Conduct
Every officer, official or employee of the Village of Cayuga Heights shall be subject to and abide by
the following standards of conduct:
A. Gifts – He/she shall not directly or indirectly solicit any gift, or accept or receive 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/her in the performance of his/her official duties
or was intended as a reward for any official action on his/her part. This restriction does not
apply to gifts valued at $25 or less in any one calendar year or the informal voluntary
practice of Village residents providing Village employees with a holiday gratuity.
B. Confidential information – He/she shall not disclose confidential information acquired by
him/her in the course of his/her official duties or use such information to further his/her
personal interest.
C. Outside employment
i. He/she shall not engage in, solicit, negotiate for or promise to accept private
employment or render services for private interests when such employment or
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service creates a conflict of interest with or impairs the proper discharge of his/her
official duties.
ii. The Mayor and members of the Board of Trustees may not be considered for
employment with the Village of Cayuga Heights while holding such positions and for
a one-year period after leaving such office, whether by expiration of term,
resignation or otherwise.
iii. He/she shall not, after the termination of service or employment with the Village of
Cayuga Heights, appear before any board or agency of the Village of Cayuga Heights
in relation to any case, proceeding or application in which he/she personally
participated during the period of his/her service or employment or which was
actively under his consideration for a period of two years.
D. Use of village employees or public property
i. Village employees and property may not be used for private interest. This shall not
preclude any official, officer or employee from voluntarily performing service or
work outside of the hours during which he/she is assigned to perform duties for the
village.
ii. No official, officer or employee of the village shall request or permit the use of
village owned vehicles, equipment, materials, or property for personal convenience
or profit, except where such services are available to the village public or are
provided as village policy for the use of such officer or employee in the conduct of
official business.
E. Purchasing - The Village will not purchase labor, services, goods or materials from any
current Village Board member, officer or employee, or from any member of such person’s
immediate family, or from any entity that is owned, in whole or in part, or managed or
controlled by, any such person or any member of such person’s immediate family, except in
the case that a majority of the members of the Board of Trustees vote in favor of doing so,
with full disclosure of the relationships, in advance of engaging in the transaction.
The Village Purchasing Policy be revised to read “All transactions shall be in accordance
with the Village’s Code of Ethics as may be amended from time to time.”
Section 7 - Distribution
The Mayor of the Village of Cayuga Heights shall cause a copy of this code of ethics to be distributed
to every official, officer and employee of the Village within five (5) days after the effective date of
this resolution. Each official, officer and employee elected or appointed thereafter shall be
furnished a copy before entering upon the duties of his/her office or employment. Each official,
officer and employee shall upon receipt of a copy of this code indicate his/her understanding and
agreement with the provisions of this code by affixing their signature to a form indicating the same.
This form will be kept in the individual’s personnel file. Additionally, each official, officer and
employee shall complete and submit a confidential Disclosure Statement annually within thirty (30)
days of the beginning of the Village Official Year to the Clerk.
Section 8 – Penalties
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.
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Section 9 – Exception
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal
official, officer or employee of any claim, account, demand or suit against the Village of Cayuga
Heights, or any agency thereof on behalf of him/herself or any member of his/her family arising out
of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
Section 11 – Effective Date
This resolution shall take effect January XX, 2015.
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VILLAGE OF CAYUGA HEIGHTS
CONFIDENTIAL
DISCLOSURE STATEMENT
Last Name First Name Initial
Address City State
Department
Title
If the answer to any of the following questions is “none”, please so indicate.
1. Real Estate Ownership. List the address of each piece of property that you or an y
member of your family own or have a significant financial interest in. List only real
estate that is in the Village of Cayuga Heights (the “Village”) or outside the Village but
adjacent to the Village’s boundaries. “Family” means your spouse or equivalent member
of a household sharing living expenses with you, and any of the following, if residing
with you: child, step-child, brother, sister, parent, or person you claimed as a dependent
on your latest state income tax return. “Significant financial interest” shall mean an
ownership interest of more than ten percent. “Significant financial interest” shall also
include a security interest in the property (such as a mortgagee).
Name of Relationship Address of Nature
and Extent
Family Member To You Real Estate of
Investment
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
________________________________________________
2. Outside Interests. List the name of any partnership, or unincorporated business
(located in the State of New York or which does business in the State of New York) of
which you or any member of your family (as defined above) is a member, officer, or
employee, or has a significant proprietary interest (an ownership interest of more than
10%). Also list the name of any corporation, whether municipal, for-profit and/or not-
for-profit (located in the State of New York or which does business in the State of New
York) of which you or any member of your family is an officer, director, or employee, or
owns or controls, individually or in combination with you or other members of your
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family, more than 10% of the outstanding stock. Also list the nature of any self -
employment from which you or a member of your family has derived gross income of
more than $5,000.00 during the previous twelve months.
In completing this section one can omit reference to any not-for-profit entity that has no business
dealings with the Village of Cayuga Heights.
Name of Name of Employer Nature of Type of
Duties or
Family Member Business/ Business/ Business
Nature of
Involved Organization Organization (e.g. partnership,
Affiliation
non-profit organization)
3. Licensed Professions. If you practice law, are licensed as a real estate broker or
agent, engineering practice or another profession licensed by the New York State
Department of Education, or are involved in a corporation or business described in
paragraph 2 above, set forth below a general description of the principal subject matters
undertaken in the stated practice, including the nature of the clients’ businesses.
4. Contracts with Village. Set forth below any interest you may have in any contract,
oral, written or implied, with the Village. (You may exclude your employment contract
with the Village for the principal services you perform for the Village as an officer,
employee, or professional consultant to the Village).
Description of Contract Nature of Interest in Contract
(e.g., professional consulting, supplies) (e.g., owner, supplier, etc.)
Date: ______________ Signed:
________________________________________
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