PART I, ADMINISTRATIVE LEGISLATION

Chapter 23, ETHICS, CODE OF

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 10-12-1970 as L.L. No. 2-1970. Amendments noted where applicable.]

GENERAL REFERENCES
Officers and employees -- See Ch. 37.

§ 23-1. Purpose.

Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Village of Honeoye Falls 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 Village of Honeoye Falls. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Honeoye Falls. 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.

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§ 23-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

INTEREST -- 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 Honeoye Falls, 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.EN

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§ 23-3. Standards of conduct.

Every officer or employee of the Village of Honeoye Falls shall be subject to and abide by the following standards of conduct:

  1. Gifts. No municipal officer or employee shall, directly or indirectly, solicit any gift or accept or receive any gift having a value of seventy-five dollars ($75.) or more, whether in 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. [Amended 12-15-1992 by L.L. No. 10-1992]
  2. Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties, except when required by law, or use such information to further his personal interest.
  3. Representation before one's 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 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. The preceding sentence shall not preclude any such officer or employee from appearing in the performance of public or civic obligations or on his own behalf with respect to matters of a personal nature. [Amended 12-15-1992 by L.L. No. 10-1992]
  4. Representation before any agency for a contingent fee. 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 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.
  5. 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 Honeoye Falls, 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 private interest he has in such legislation.
  6. 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.
  7. 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.
  8. 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 Honeoye Falls 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.
  9. Use of village-owned equipment or property. No officer or employee shall request or permit the use of village-owned vehicles, equipment, material or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such officer or employee in the conduct of official business.
  10. Obligations to citizens. No officer or employee of the village 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. An officer or employee of the village should not 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.

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§ 23-4. Filing of claim.

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 Honeoye Falls, 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.

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§ 23-5. Distribution of Code of Ethics.

The Mayor of the Village of Honeoye Falls shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village of Honeoye Falls within thirty (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.

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§ 23-6. Board of Ethics.

  1. There is hereby created and established a Board of Ethics consisting of three members to be appointed by the Board of Trustees and who shall serve without compensation and at the pleasure of the Board of Trustees. Two members of the Board shall be residents of the Village and not be officers or employees of the Village and one member shall be an officer or employee of the Village and may resider outside the Village. The Village Attorney shall be an ex officio member of the Board of Ethics without the power to vote. [Amended 9-16-2013 by L.L. No. 3-2013]
  2. The members of said Board of Ethics shall elect from their group a Chairman and Secretary, and upon its formation shall promulgate its own rules and regulations as to forms and procedures and maintain appropriate records of its opinions and proceedings, for which expenses it shall be reimbursed as a village charge, and an adequate appropriation for its operation shall be budgeted in the annual village budget.
  3. The Board of Ethics shall render advisory opinions to village officers and employees with respect to this Code of Ethics and Article 18 of the General Municipal Law. Such advisory opinions shall be rendered pursuant to the written request of the Board of Trustees or any officer or employee under the rules and regulations of the Board of Ethics and shall have the review or approval of the Village Attorney. In the event that a complaint is made concerning a violation of this Code of Ethics against any individual, that individual shall have the opportunity to appear before the Board of Ethics before any opinion is rendered by the Board. The Board of Ethics may publish its advisory opinions with such deletions as may be necessary to prevent disclosure of the identity of the officer or employee involved. In addition, the Board of Ethics may make recommendations with respect to the drafting and adoption of a Code of Ethics or amendments thereto upon the request of the Village Board of Trustees.
  4. The Village Board of Trustees shall receive complaints concerning violations of this Code of Ethics and must refer such complaints to the Board of Ethics for advisory opinion. The Board of Trustees shall receive such advisory opinion from the Board of Ethics within thirty (30) days after filing complaint with the Board of Ethics concerning such violation and shall consider all opinions of the Board of Ethics and take such action as deemed appropriate after affording a hearing to the individual involved.
  5. All requests for advisory opinions or interpretations, and all complaints and investigations, shall be confidential. All findings, recommendations, advisory opinions, interpretations and proposed revisions to this code shall be matters of public record.

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§ 23-7. Penalties for offenses.

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 of Ethics may be fined, suspended or removed from office or employment, as the case may be, after affording a hearing required by § 23-6C and D of the code, or in the manner provided by law.

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§ 23-8. Amendment of Code.

This Code of Ethics may be amended from time to time by the Board of Trustees to improve the administration of the village and protect the public, or by supplementing the coverage of this code, to the extent permitted by law.

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