HomeMy WebLinkAboutEthics Policy draft 1-9-15 -kds final.pdfEffective 11-??-20141-xx-2015
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Code of Ethics – Village of Cayuga Heights
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 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; ensure that government decisions and policy be made in the proper
channels of the governmental structure, ; that public office not be used for personal gain; public
officials, officers and employees 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 the 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.
A.
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 Nno 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 Private interestsInterests
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 interestInterest
C.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,
agency or individuals, shall publicly disclose on the official record the nature and extent of
such interest.
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D.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.
E.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 has reason to believe may be directly affected in
decisions to be made by him or which will otherwise create conflict between his public duty
and his private interest. Further he shall refrain from discussion of any questions in which
he or a member of his 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 or she has notified the owner or
agent of property of the termination of that interest.
C.
D. 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.
E. 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
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.
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iii. She/he 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 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 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 clause a copy of this code of ethics to be
distributed to every officer and employee of the Village within five (5) days after the effective date
of this resolution. Each officer and employee elected or appointed thereafter shall be furnished a
copy before entering upon the duties of his/her office or employment.
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.
Section 9 –
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 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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