[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 10.
This chapter shall be known and may be cited as the "Code of
Ethics of the Village of Old Brookville, New York."
Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees 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 the Village. It is the purpose
of this chapter to promulgate these rules of ethical conduct for the
officers and employees of the Village of Old Brookville. These rules
shall serve as a guide for official conduct of the officers and employees
of the Village. 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
specific law relating to ethical conduct and interest in contracts
of municipal officers and employees.
For the purposes of this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the following
meanings:
An officer or employee of the Village, 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 fire chief or assistant fire chief.[1]
A pecuniary or material benefit accruing to a municipal officer
or employee or:
His or her spouse, minor children and dependants;
A firm, partnership or association of which such officer or
employee is a member or employee;
A corporation of which such officer or employee is an officer,
director or employee; and
A corporation, any stock of which is accrued or controlled directly
or indirectly by such officer or employee, unless the context otherwise
requires.
Every municipal officer or employee of the Village of Old Brookville
shall be subject to and abide by the following standards of conduct:
A.
Gifts.
He or she 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 her or could reasonably be expected to influence him or her,
in the performance of his or her official duties or was intended as
a reward for any official action on his or her part.[1]
B.
Confidential
information. He or she shall not disclose confidential information
acquired by him or her in the course of his or her official duties
or use such information to further his or her personal interest.
C.
Representation
before one's own agency. He or she 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 or she is an officer, member or employee or of 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. He or she 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 his or her municipality, whereby his or her 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 or she knows thereof,
a member of the Board of Trustees and any officer or employee of the
Village of Old Brookville, whether paid or unpaid, who participates
in the discussion or gives official opinion to 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 or
she has in such legislation.
F.
Investments
in conflict with official duties. He or she 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 or her official duties. However, the investment in or ownership
of less than 5% of the stock of a corporation whose stock is listed
on the New York or American Stock Exchanges or successors thereto
shall not be deemed to be an investment in conflict with official
duties.
G.
Private
employment. He or she 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 or her official duties.
H.
Future
employment. He or she shall not, after the termination of service
or employment with such municipality, appear before any board or agency
of the Village of Old Brookville in relation to any case, proceeding
or application in which he or she personally participated during the
period of his or her service or employment or which was under his
or her 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 Old Brookville,
or any agency thereof, on behalf of himself or herself 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.
A.
There
is hereby established a Board of Ethics consisting of three members
to be appointed by the Board or 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 Old Brookville but shall include the Mayor of the
Village of Old Brookville.
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
of the officers and employees of the Village of Old Brookville 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 amendments to this Code
of Ethics upon request to the Board of Trustees.
The Mayor of the Village of Old Brookville shall cause a copy
of this Code of Ethics to be distributed to every officer and employee
of the Village 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 or her office
or employment. Failure to distribute any such copy 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 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 chapter may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.
