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Village of
Oriskany Falls
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Laws
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LOCAL
LAW #1 “CODE OF ETHICS” OF 2004 ADOPTED APRIL 19, 2004 I. Purpose. It is the purpose of this local law
to establish a code of ethics and a board of ethics for the Village of Oriskany
Falls. II. Intent. A. The Village Board of the Village of
Oriskany Falls recognizes that there are state statutory provisions mandating
villages to establish rules and standards of ethical conduct for public
officers and employees, which, if observed, can enhance public confidence in local
government. In light of a tendency on the part of some people to downgrade our
local governments and to discredit our public servants and our free
institutions generally, it is necessary that every effort be made to ensure the
highest caliber of public administration of this village as part of our state's
important system of local government. It is the intent of the village board to
implement this objective through the establishment of standards of conduct, to
provide for punishment of violation of such standards of conduct, to create a
board of ethics to render advisory opinions to the village's officers and
employees as provided for herein. B. The standards, prohibited acts and
procedures established herein are in addition to any prohibited acts, conflicts
of interest provisions or procedures proscribed by statute of the state of New
York and also in addition to common law rules and judicial decisions relating
to the conduct of village officers to the extent that the same are more severe
in their application than this local law III. Conflicts and
Separability. A. CONFLICTS: All
local laws or parts of local laws in conflict herewith are hereby repealed. B. SEPARABILITY: If any clause, sentence, paragraph, sentence or
part of this local law shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered. IV. Code of Ethics. A. DEFINITIONS: As
used in this local law the term "village" shall mean any board,
commission, department or unit of the government of the Village of Oriskany
Falls or that receives funding from the Village of Oriskany Falls. The term
"village employee" shall mean any officer or employee of the Village
of Oriskany Falls whether paid or unpaid, whether serving in a full time, part
time or advisory capacity. B. CONFLICTS OF INTEREST: No village employee 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 substantial conflict with the proper discharge of the employee's
duties in the public interest. C. STANDARDS: 1. No village employee shall accept
other employment that will impair the employee's independence of judgment in
the exercise of the employee's official duties. 2. No village employee shall accept
employment or engage in any business or professional activity that will require
the employee to disclose confidential information gained due to the employee's
official position or authority. 3. No village employee shall use or
attempt to use the employee's official position to secure unwarranted
privileges or exemptions for the employee or others. 4. No village employee shall engage in
any transaction as representative or agent of the village with any business
entity in which the employee has a direct or indirect financial interest that
might reasonably tend to conflict with the proper discharge of the employee's
official duties. 5. No village employee shall by the
employee's conduct give reasonable basis for the impression that any person can
improperly influence the employee or unduly enjoy the employee's favor in the
performance of the employee's official duties, or that the employee is affected
by the kinship, rank, position or influence of any party or person. 6. No village employee shall make
personal investments in enterprises which the employee has reason to believe
may be directly involved in decisions to be made by the employee or which with
otherwise create substantial conflict between the employee's duty in the public
interest and the employee's private interest. 7. No village employee shall endeavor
to pursue a course of conduct that will raise suspicions among the public that
the employee is likely to be engaged in acts that are in violation of the
employee's trust. 8. No village employee nor any firm or
association of which such employee is a member nor corporation, a substantial
portion of the stock of which is owned or controlled directly or indirectly by
such employee, shall sell goods or services to any person, firm, corporation or
association which is licensed or whose rates are fixed by the village in which
such employee serves or is employed. D. VIOLATIONS: In addition to any penalty contained in any
other provision of law, any such village employee who knowingly and
intentionally violates any of the provisions of this local law may be fined in
an amount not to exceed $500.00, suspended or removed from office or employment
in the manner provided by law. IV. Board of Ethics. A. There is established a board of
ethics consisting of at least three members to be appointed by the Village
Board, all of whom reside in the Village of Oriskany Falls and who shall serve
without compensation and at the pleasure of the Village Board of the Village of
Oriskany Falls. A majority of such members shall be persons other than village
employees, but shall include at least one member who is an elected or appointed
village employee of the Village of Oriskany Falls. B. The board of ethics established
hereunder shall render advisory opinions to village employees on written
request and on request of the village board make recommendations to such
village board as to any amendments to this local law. The opinions of the board
of ethics shall be advisory and confidential and in no event shall the identity
of the village employee be disclosed except to authorized persons and agencies.
Such opinions shall be on advise of counsel employed by the board of ethics, or
if none, of the village attorney. C. Such board of ethics upon its
formation shall promulgate its own rules and regulations as to its form and
procedures and shall maintain appropriate records of its opinions and
proceedings. IV. Administration. A. Upon the adoption of this local law, the village mayor
shall cause a copy thereof to be distributed to every village employee of the
Village of Oriskany Falls. 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 code, or the enforcement of provisions hereof. The village
mayor shall further cause a copy of this local law to be kept posted
conspicuously in each public building under the jurisdiction of the village.
Failure to so post this local law shall have no effect on the duty of
compliance herewith or the enforcement provisions hereof. B. Within thirty (30) days of the
adoption of this local law, the village clerk shall file a copy thereof in the
office of the state comptroller. C. The village board may appropriate
moneys from the village general fund for the maintenance of and for personnel
services to the board of ethics established hereunder, but such board of ethics
may not commit the expenditure of village moneys except within the
appropriations provided herein. VI. Local Law in Force.
This local law shall be in full force and effect from and after its passage and filing with the Department of State.
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