This chapter shall be known and may be cited as the "Code of
Ethics of the Incorporated Village of Hewlett Harbor."
Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of Hewlett Harbor
establishes this Code of Ethics for public officers and employees
as a guide to assist in continuation of good conduct on their part
and to promote public confidence in the government of the Village.
The rules are in addition to any provision of Article 18 of the General
Municipal Law or any other general or special law relating to ethical
conduct and interest in contracts.
As used in this chapter, the following terms shall have the
meanings indicated:
CONTRACT
Any claim, account or demand against or agreement with a
municipality, express or implied, and shall include the designation
of a depository of public funds and the designation of a newspaper,
including but not limited to an official newspaper, for the publication
of any notice, resolution, ordinance, or other proceeding where such
publication is required or authorized by law.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purpose
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
A.
His or her 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 a municipality, 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.
No officer or employee of the Village of Hewlett Harbor shall:
A. 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, promise
or any other form, under circumstances from which it reasonably could
be inferred that the gift was intended to influence, or reasonably
could be expected to influence, such officer or employee in the performance
of official duties or was intended as a reward or gratuity for any
official action.
B. Disclose confidential information acquired in the course of official
duties or use such information to further personal interest.
C. Render services to any person, firm, partnership, association or
corporation, whether for compensation or not for compensation, relating
to any matter before any department, board or commission or committee
of the Village, except as a part of official responsibilities to that
department, board, commission or committee or as a function of the
official position of the officer or employee.
D. Fail to disclose publicly on the official record the nature and extent
of any direct or indirect financial or other private interest the
officer or employee has in any matter which he or she officially discusses
or on which he or she gives an official opinion before any board,
commission, or committee of the Village.
E. Have an interest, directly or indirectly, in any financial, business,
commercial or other private transaction or investment which creates
a conflict with the official duties of the officer or employee.
F. Engage in, solicit, negotiate for or promise to accept private employment
or render services for private interests that may create a conflict
with or impair the proper discharge of official duties.
G. After the termination of service or employment with this municipality,
be permitted to appear before any department, board, commission or
agency of the Village of Hewlett Harbor in relation to any case, proceeding
or application in which the officer or employee personally participated
during the period of his or her service or employment.
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 Hewlett Harbor,
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.
The Mayor of the Village of Hewlett Harbor shall cause a copy
of this Code of Ethics to be distributed to every officer and employee
of the Village of Hewlett Harbor 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 the office or employment, each of whom shall sign a written acknowledgment
of receipt thereof. 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 this chapter or the enforcement of
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 suspended or removed from
office or employment, as the case may be, in the manner provided by
law.