NOTE; THERE ARE SOME SCANNING ERRORS. 98% ************************************************** NEW YORK STATE DEPARTMENT 0~ Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ISCHUA Town of Local Law No 1 of the year 2000 "A local law ESTABLISHING A CODE OF ETHICS FOR OFFICERS AND EMPLOYEES OF THE TOWN OF IS It(~J\TTARAUGUS COUNTY, NEW YORK" TOWN BOARD Be it enacted by the of the (Name of Legislative Body) Town of ISCHUA as follows: Section 1. Pursuant to the provisions of Section 806 of the General Municipal Law of the State of New York, the Town Board of the Town of Ischua 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 attained and if public confidence is to be maintained in our unit of local government. It is the purpose of this local law to promulgate these rules of ethical conduct for the officers and employees of the Town of Ischua. These rules shall serve as a guide for official conduct of the officials and employees of said town. The rules of ethical conduct of this local law, as adopted, shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law of the State of New York or any other general or special law relating to ethical conduct arid interest in contracts of municipal officers and employees. Section 2. DEFINITIONS A. "Municipal Officer or Employee" means an officer or employee of the Town of Ischua, 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 chief engineer or assistant chief o engineer. B. "Interest" means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires. Section 3. STANDARDS OF CONDUCT Every officer or employee of the Town of Ischua shall be subject to and abide by the following standards of conduct: A. Gifts. No officer or employee shall, directly or indirectly, solicit any gift or accept or receive any valuable gift, whether in the form of money, service, loan, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her, or could reasonably be expected to do so, in the performance of his or her official duties or was intended as a reward for any official act. B. Confidential information. No officer or employee shall disclose confidential information concerning the property, government or affairs of the town, nor shall he or she use, allow or make possible the use of such information to advance the private, financial, economic or other interest of himself, herself or others. C. Representation before one's own agency. No officer or employee shall receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal board or agency of which he or she is an officer, member or employee or any municipal agency over which he or she has jurisdiction or to which he or she has the power to appoint any member, officer or employee. D. Representation before any agency for a contingent fee. No officer or employee shall receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any board or agency of this town, whereby the compensation is dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing of fees based upon the reasonable value of the services rendered. E. Disclosure of interest in legislation. To the extent that he or she knows thereof, a member of the town board and. any officer or employee of the Town of Ischua, whether paid or unpaid, who participates in the discussion or gives official opinion to the town board on any legislation before said board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in said legislation. F. Investments in conflict with official duties. No officer or employee shall invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction which creates a conflict with his or her official duties. G. Private employment. No officer or employee shall 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 or her official duties. H. Future employment. No officer or employee, after the termination of service of employment with the town, shall appear before any board or agency of the Town of Ischua, in relation to any case, proceeding or application in which he or she personally participated during the period of service or employment or which was under his or her consideration. Section 4. Whenever duly called upon to do so any officer or employee shall provide all information to and give evidence and testify in any investigation, hearing or inquiry authorized by the town board concerning his or her office, official acts and conduct, and matters relating thereto and those of the agency or board in which he or she is or had been employed. Section 5. Nothing herein contained shall be deemed to bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the town on behalf of the officer or employee or any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. Section 6. The Supervisor of the Town of Ischua shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the town within thirty (30) days after the adoption of this local law. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. Section 7. Board of Ethics. There is hereby created and established a Board of Ethics consisting of five (5) members who shall be appointed by the town board, a majority of whom shall not be officers or employees of the Town of Ischua; but at least one(l) of such members shall be an elected or appointed officer of said town and all members shall reside in the Town of Ischua and shall serve, without compensation, at the pleasure of the town board. Section 8. Penalties. In addition to any penalties contained in any other provision of law, and person who shall violate any provisions of this code may be disciplined, fined, suspended or removed from office or employment, as the case may be, 1b in the manner provided by law. Contracts entered into by or with the town wherein an officer or employee willfully violates the interest prohibited by Article 18 of the General Municipal Law, shall be unenforceable against the town. Any person who has been convicted by a court of competent jurisdiction for willfully and knowingly violating any of the provisions of this code shall by reason of such conviction be guilty of a misdemeanor and shall be ineligible to hold public office in the town. Section 9. This local law shall take effect upon the filing thereof in the office of the Secretary of State. (Complete the certification In the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No 1 of 2000 of the )(Town) of Ischua was duly passed by the )W1 Board on 2OOO ,in accordance with the applicable provisions of law (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassed after disapproval by the Elective Chief Executive Officers.) I hereby certify that the local law annexed hereto, designated as local law No of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19, and was (approved)(not approved) (re-passed after (Name of Legislative Body) disapproval)by the and was deemed duly adopted on 19----, (Chief Executive Officer) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 19 of the (County)(City)(Town)(village) of was duly passed by the on 19---- , and was (approved)(not approved) (re-passed after (Name of Legislature Body) disapproval) by the on 19 Such local law was submitted Chief Executive Office) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority the qualified electors voting thereon at the (general)(special)(annual) election held on 19---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 19 of the (County)(City)(Town)was duly passed by the on 19---- , and was (approved)(not approved) (reposed after (Name of Legislate Body) disapproval) by the on 19 --- . Such local law was subject (Executive Chi Executive Officer) permissive referendum and no valid petition requesting such referendum was filed as of 19---- , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinance' (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 19 of the City of having been submitted to referendum pursuant to the provisions o section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. -of 19 of the County of State of New York, having been submitted to the electors at the General Election of November 19----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the Cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dictated in paragraph 1. , above. Clerk of the County legislative body, city. Town or Village Clerk or officer designated local legislative body (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF CATT. I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. (Seal) Signature JEREMIAH J. MORIARTY III, ESQ. TOWN ATTORNEY Title Nancy Ames signed this document. of Town ISCIIUA Date: JUNE 19, 2000