Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of Hancock 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 Hancock. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Hancock. 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:
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the Village. For the purposes of this chapter, a municipal officer
or employee shall be deemed to have an interest in the contract of:
A.
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves;
B.
A firm, partnership or association of which such officer or
employee is a member or employee;
C.
A corporation of which such officer or employee is an officer,
director or employee; and
D.
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Hancock, 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 firefighter
or civil defense volunteer, except a Fire Chief or Assistant Fire
Chief.
[Amended 9-14-1992 by L.L. No. 4-1992]
Every officer or employee of the Village of Hancock 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 $75 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.
[Amended 9-14-1992 by L.L. No. 4-1992]
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 of 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 the
Village 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 Hancock, 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.
F. Investments
in conflict with any 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 the Village, appear before any board or agency of the Village
of Hancock 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.
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 Hancock, 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.
[Amended 9-14-1992 by L.L. No. 4-1992]
The Mayor of the Village of Hancock shall cause a copy of this
Code of Ethics to be distributed to every officer and employee of
the Village of Hancock 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. Failure to distribute any of the Code of Ethics or
failure of any officer or employee to receive such copy shall have
no effect on the duty of compliance with such code nor the enforcement
of the provisions thereof.
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.