Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Babylon 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 the Code of Ethics to promulgate these rules of ethical conduct
for the officers and employees of the Village of Babylon. These rules shall
serve as a guide for official conduct of the officers and employees of the
Village of Babylon. The rules of ethical conduct of this code 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 article, 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 municipality
which such officer or employee serves. 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.
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 Babylon, 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 Babylon shall be subject
to and abide by the following standards of conduct:
A. Gifts. He shall not, directly or indirectly, solicit
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.
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 his 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, Board of Appeals,
Planning Board and any officer or employee of the Village of Babylon, whether
paid or unpaid, who participates in the discussion or gives official opinion
to the Board of Trustees, Board of Appeals or Planning Board on any legislation
or matter before any of said boards 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 or matter.
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 Babylon 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 Babylon 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 11-30-1981 by L.L. No. 5-1981]
The Mayor of the Village of Babylon shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of said Village
within 30 days after the effective date of this article. Each officer and
employee elected or appointed thereafter shall be furnished a copy before
entering upon the duties of his office or employment; provided, however, that
the failure of any officer or employee to receive such copy shall in no way
affect his responsibility to comply therewith.
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.
There is hereby established a Board of Ethics, consisting of three members
to be appointed by the Board of Trustees who shall serve without compensation
and at the pleasure of said Board of Trustees. A majority of such members
shall be persons other than officers or employees of the Village of Babylon
but shall include at least one member who is an elected or appointed officer
of the Village of Babylon.
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 Babylon 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 request of the Board of Trustees.