Include all persons elected to a city office by the electors
of the city of any division thereof, the City Manager, the directors
of administrative departments and the heads of divisions or bureaus
of such departments, the members of all boards and of all commissions
of the city and the City Clerk.
Includes all persons other than an officer, as herein defined,
whose salary or compensation is paid out of the city treasury.
[Repealed by Local Law No. 5-1964 (November 19, 1964).]
[Enacted by Local Law No. 1-1957 (March 6, 1957); amended by Local Law No. 1-1971 (January 7, 1971).]
Every person elected to office by vote of the electors of the
city must be an elector of the city.
No person shall be eligible to the office of Judge of the City
Court unless he has been admitted to practice as an attorney and counselor
in the Supreme Court of the State of New York, and has had at least
10 years active practice of his profession and shall have been a resident
of the City of New Rochelle at least five years prior to his election.
The City Judge shall devote full time to the work of the City Court
and shall not engage in the general practice of law. If an elective
officer ceases to be a resident of the city, or if a Supervisor ceases
to be a resident of the ward from which he is elected, his office
shall thereupon become vacant. No elective officer shall hold at any
time more than one city office, and upon his acceptance of the second
office the first office shall become vacant.
Every appointment to a city office shall be made by a certificate
in writing signed by the appointing officer or, if appointed by the
Council, signed by the Mayor, and filed in the office of the City
Clerk.
Before entering upon his duties every officer shall file with
the City Clerk the constitutional oath of office, and if required
by this Charter or by resolution of the Council an undertaking in
accordance with the provisions of the public officers laws in the
amount required by such resolution or by law, which undertaking shall
be approved by the City Manager (except as to his own, which shall
be approved by the Mayor), as to the sufficiency of the surety or
sureties, and by the Corporation Counsel as to its form and validity.
The City Manager (except in his own case, when the Mayor shall act
in his place) shall examine the sufficiency of the proposed sureties
of any officer or person from whom an official undertaking is required,
and may require such sureties to be examined under oath as to their
qualifications. The justification of such surety shall be reduced
to writing, subscribed by him, certified by the officer administering
the oath and annexed to and filed with the undertaking. In case any
officer fails to file the oath of office, or an undertaking, if required,
on or before the beginning of his term of office, if it is an elective
office or, if it is an appointive office, within 10 days after his
appointment, his office shall be deemed vacant and must be filled
as herein provided.
The expense of procuring official undertakings by officers,
whenever the same are required to be given, shall be paid by the city
upon presentation of claims for the same and the auditing and approval
thereof in the manner provided for claims against the city.
[Enacted by Local Law No. 12-1997 (September 16, 1997).]
When any member of a board, commission or bureau fails to attend
three consecutive meetings of such board, commission or bureau, unless
such absence is for good cause and is excused by the chairperson or
other presiding officer thereof or, in the case of such chairperson
or other presiding officer, by the appointing authority, the office
shall be vacant for purposes of the nomination and appointment of
a successor.
The salary or compensation of officers and employees shall be
established by ordinance, which shall provide uniform compensation
for like services. Such schedules of compensation may fix a minimum
and maximum for any grade; and an increase in compensation, within
the limits provided for the grade, may be granted at any time by the
City Manager or other appointing authority upon the basis of efficiency
and seniority, except as otherwise provided in this Charter.
[Enacted by Local Law No. 1-1966 (February 9, 1966); amended
by Local Law No. 1-1987 (February 24, 1987).]
Any vacancy in the office of Mayor, Council member, Supervisor
or Judge of the City Court, other than by expiration of term of office,
shall be filled by the Council. No person appointed to fill a vacancy
shall hold his office by virtue of such appointment longer than the
commencement of the political year next succeeding the first annual
election after the happening of the vacancy. The position filled temporarily
by appointment must be filled at the next general election, and the
individual who is elected at said election shall serve only for the
remainder of the original term.
[1]
Editor's Note: Former Section 92, Vacancies, was repealed
by L.L. No. 1-1966 (February 9, 1966).
Resignations of elective officers must be presented to the Mayor
and, of all other officers, to the appointing board or officer, and
such resignations must thereupon be filed in the office of the City
Clerk.
Any officer or employee who willfully violates or evades any
provision of law or, by culpable neglect of duty, allows any public
property to be lost to the city shall be deemed guilty of a misdemeanor
and, in addition to the penalties imposed by law, shall on conviction
forfeit his office or employment.
[Enacted by Local Law No. 2-1957 (May 15, 1957); amended by Local Law No. 5-2001 (July 17, 2001).]
A.
1.
No officer or employee shall be or become interested, directly
or indirectly, in any manner whatsoever in transactions with the City
of New Rochelle, except by operation of law, or act as attorney, agent,
broker or employee for or accept any gift, loan or thing or promise
of value from any person, firm or corporation interested, directly
or indirectly, in any manner whatsoever, in or in the performance
of or in any litigation arising out of or involving any contract work
or business or the sale or acquisition of any property, the expense,
price or consideration of which is payable from the city treasury
or by any assessment levied pursuant to law; or in the purchase, lease,
rental or letting of or grant of license or permit in relation to
any real or other property belonging to or taken by the city or which
shall be sold for taxes or assessments or by virtue of legal process
or any provision of law by or at the suit of the city. Notwithstanding
the foregoing, a city officer or employee may purchase real property
from the city, provided such officer or employee has no conflict of
interest in such purchase as set forth in § 801(1) of the
General Municipal Law and the sale of such real property is made at
public auction or by other open competitive process, except that a
city officer or employee who is an abutting resident property owner
may purchase city real property through negotiation where development
of such real property would be impracticable.
2.
Any person who knowingly and intentionally violates any of the
provisions of this subdivision shall be deemed guilty of a misdemeanor
and, in addition to the penalties imposed by law, shall on conviction,
forfeit his office and/or employment.
3.
Any violation of any of the provisions of this subdivision shall,
at the option of the City Manager, render forfeit and void the contract,
work, business, sale or transaction affected, and such violation shall
constitute a complete defense to any action brought thereon.
B.
No officer or employee shall during his employment or incumbency
act as a real estate broker or engage in the real estate business
in any transaction with the City of New Rochelle, nor appear as attorney
or counsel before any city agency, nor appear as attorney or counsel
in any action or proceeding wherein the city is involved or give opinion
evidence against the interests of the city in any litigation to which
the city is a party. This subdivision shall not be construed to restrict
or prohibit the retainer of persons engaged as brokers or otherwise
in the real estate business for the rendition of expert service.
C.
Any violation of any of the provisions of this section shall constitute
cause for removal from office or employment.
[Enacted as Local Law No. 6-1970 (September 14, 1970); amended
by Local Law No. 2-1975 (August 5, 1975); Local Law No. 5-1997]
1.
Statement of purpose. The City Council 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 city government. It is
the purpose of this Code of Ethics to promulgate these rules and ethical
conduct for the officers and employees of the city. This code shall
serve as a guide for official conduct of the officers and employees
of the city. The rules of ethical conduct 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.
2.
Definitions.
(a)
MUNICIPAL OFFICER OR EMPLOYEE — An officer or
employee of the City of New Rochelle, whether paid or unpaid, including
members of any administrative board, commission or other agency thereof.
(b)
INTEREST — A pecuniary or material benefit accruing
to a municipal officer or employee unless the context otherwise requires.
This shall include benefits accruing to the following:
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1.
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The municipal officers' or employees' spouse, minor child and
dependents;
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2.
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A firm, partnership or association of which such officer or
employee is a member or employee;
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3.
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A corporation, of which such officer or employee is an officer,
director or employee; and
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4.
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A corporation, any stock of which is accrued or controlled directly
or indirectly by such officer or employee.
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3.
Standards of conduct. Every officer or employee of the City of New
Rochelle shall be subject to and abide by the following standards
of conduct:
(a)
Gifts. An officer or employee 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 or could reasonably be expected to influence such officer
or employee in the performance of such officer's or employee's official
duties or was intended as a reward for any official action on such
officer's or employee's part.
(b)
An officer or employee shall not disclose confidential information
acquired by such officer or employee in the course of such officer's
or employee's official duties or use such information to further such
officer's or employee's personal interest or the interest of others.
(c)
Representation before one's own agency. An officer or employee
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 such officer or employee is an
officer, member or employee or of any municipal agency over which
such officer or employee has jurisdiction or to which such officer
or employee has the power to appoint any member, officer or employee.
(d)
Representation before any agency for a contingent fee. An officer
or employee 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 such officer's or employee's municipality,
whereby such officer's or employee's compensation is to be dependent
or contingent upon any action by such agency with respect to such
matter, provided that this paragraph 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 the
officer or employee knows thereof, a member of the Council and any
officer or employee of the City of New Rochelle, whether paid or unpaid,
who participates in the discussion or gives official opinion to the
Council on any legislation before the Council shall publicly disclose
on the official record the nature and extent of any direct or indirect
financial or other private interest such officer or employee has in
such legislation.
(f)
Investments in conflict with official duties. An officer or
employee shall not invest or hold any investments, directly or indirectly,
in any financial, business, commercial or other private transaction
which creates a conflict with such officer's or employee's official
duties.
(g)
Private employment. An officer or employee 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 such officer's
or employee's official duties.
(h)
Future employment. An officer or employee shall not, after the
termination of service or employment with such municipality, appear
before any board or agency of the City of New Rochelle in relation
to any case, proceeding or application in which such officer or employee
personally participated during the period of service or employment
or which was under such officer's or employee's active consideration,
nor shall such officer or employee appear before any board or agency
of the City of New Rochelle to which such officer or employee has
appointed one or more members who are currently serving thereon. This
shall include communicating in any form, including personally, through
another person by letter or by telephone.
(i)
Use or attempt to use such officer's or employee's official
position to secure unwarranted privileges or exemptions for the officer
or employee or others.
(j)
Consultant. An officer or employee, after termination of service
with the city, may be retained as a paid consultant at a reasonable
fee upon the recommendation of the City Manager and approval of the
City Council.
(k)
Political solicitation. A municipal officer or employee shall
not knowingly request or knowingly authorize anyone else to request
any subordinate of the officer or employee to participate in an election
campaign or contribute to a political committee.
(l)
Inducement of others. A municipal officer or employee shall
not induce or aid another officer or employee to violate any of the
provisions of this Code of Ethics.
(m)
Recusal. A municipal officer or employee shall promptly recuse
himself/herself from acting on a matter before the city when acting
on the matter or failing to act on the matter may financially benefit
his or her interest.
(n)
Transactional disclosure. Whenever a municipal officer or employee
is required to recuse him/her self under this Code of Ethics, such
officer or employee shall:
(1)
Promptly inform his or her superior;
(2)
Promptly file with the City Clerk a signed statement
disclosing the nature and extent of the prohibited action or, if a
member of a board, shall state that information upon the public record
of the board; and
(3)
Refrain from participating further on the matter.
4.
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 City of New Rochelle, or any agency
thereof, on behalf of such officer or employee or any members of such
officer's or employee's family arising out of any personal injury
or property damage or for any lawful benefit authorized or permitted
by law.
5.
Distribution of Code of Ethics. The City Manager of the City of New
Rochelle shall cause a copy of this Code of Ethics to be distributed
to every officer and employee of the city within 20 days after the
effective date of this local law. Each officer and employee elected
or appointed thereafter shall be furnished a copy before entering
upon the duties of office or employment.
6.
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.
[Enacted by Local Law No. 1-1958 (April 2, 1958); amended by
Local No. 6-1970 (September 14, 1970).]
The provisions of Section 94.01 of this Charter shall not apply
to any person appointed as a nonsalaried member of any board, agency
or commission of the city, provided that such person, upon becoming
a nonsalaried officer or employee of such board, agency or commission,
shall disclose to the other members of said board, agency or commission
his interest or employment in any transaction or matter which may
come before such board, agency or commission, and provided further
that such nonsalaried officer or employee shall refrain from voting
on any transaction or matter in which he has an interest and that
he also refrain from any discussion, debate or use of his position
in such a manner as to attempt to influence the judgment of any of
the other members of the board, agency or commission.
Any elective officer may be removed by the Governor in the same
manner as a Sheriff, except that the Governor may direct the inquiry
provided by law to be conducted by the Attorney General. After charges
have been received by the Governor, he may suspend the officer affected
thereby for a period not exceeding 60 days pending the investigation.
No elective officer who has been removed from office under any
provision of this Charter shall be eligible for election or appointment
to fill the vacancy caused by his removal.
Except as otherwise provided by law, each officer or employee
who receives any fees shall forthwith pay the same into the city treasury
and account therefor to the Director of Finance.
No city officer who is authorized in his official capacity,
on behalf of the city, to sell or lease any property or to make any
contract or to take any part in the making of any such sale, lease
or contract, shall take part in the making of any such sale, lease
or contract if he is personally financially interested in such sale,
lease or contract, directly or indirectly, whether in his individual
capacity or as a member of any firm or as a stockholder in any corporation.
