[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona 10-20-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 6.
The complexity of modern government regardless
of its level requires that public officers and employees maintain
a standard of ethical conduct of the highest order. Nothing can take
the place of personal integrity, character, a high moral sense and
community vigilance. The primary purpose of a Code of Ethics is to
define areas of conflict of interest. Properly administered, a Code
of Ethics can engender public confidence in public officials and establish
uniform guidelines. It is the purpose of this chapter to promulgate
these rules of ethical conduct for the officers and employees of the
Village of Pomona. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Pomona. 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.
As used in this chapter, the following terms
shall have the meanings indicated:
Spouse, parent, child, step-parent, step-child, brother,
sister, mother-in-law, father-in-law, son-in-law or daughter-in-law.
[Added 2-26-2007 by L.L. No. 3-2007]
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
An officer or employee of the Village of Pomona, 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
Engineer.
Every officer or employee of the Village of
Pomona shall be subject to and abide by the following standards of
conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift, or accept or receive any gift having a value of $25 or more,
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 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.
B.
Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest.
C.
Representation before one's own 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 before any
municipal agency over which he has jurisdiction or to which he has
the power to appoint any member, officer or employee.
D.
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 this 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.
E.
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 Pomona, 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 to the official record the nature and extent of
any direct or indirect financial or other private interest he has
in such legislation.
F.
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.
G.
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.
H.
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 Pomona 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.
I.
All applicants before the Planning Board. Zoning Board
of Appeals, Building Inspector or any other Village board or agency
shall certify that they have no financial interest with any Village
official or employee. If there is any financial relationship, it shall
be disclosed to the Board of Ethics, who shall determine if there
is any conflict of interest before any action by the Village board,
agency or employee takes place. Where the applicant has subcontractors
working for him, he also shall certify that there is no financial
interest between them and any Village official or employee or make
such disclosure to the Board of Ethics, who shall determine if there
is any conflict of interest before they may proceed with any work.
[Added 2-8-1988 by L.L. No. 1-1988]
J.
No member of the immediate family of an elected official
of the Village of Pomona shall be appointed to a full-time position
or to a permanent part-time position exceeding 20 hours per month.
[Added 2-26-2007 by L.L. No. 3-2007]
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 Pomona
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.
The Mayor of the Village of Pomona shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the Village of Pomona within 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.
A.
There is hereby established a Board of Ethics, consisting
of five members to be appointed by the Board of Trustees and who shall
serve without compensation and at the pleasure of the Board of Trustees.
A majority of such members shall be persons other than officers or
employees of the Village of Pomona.
B.
The Board of Ethics shall have the powers and duties
prescribed by Article 18 of the General Municipal Law and shall render
advisory opinions to the officers and employees of the Village of
Pomona with respect to Article 18 of the General Municipal Law and
any Code of Ethics adopted pursuant to such Article, under such rules
and regulations as the Board may prescribe. In addition, the Board
may make recommendations with respect to the drafting and adoption
of a Code of Ethics or amendments thereto upon the request of the
Board of Trustees.
In addition to any penalty contained in any
other provision of law, any person who knowingly and intentionally
violates any of the provisions of this Code of Ethics may be fined,
suspended or removed from office or employment, as the case may be,
in the manner provided by law.
