[HISTORY: Adopted by the Board of Trustees
of the Village of Brightwaters 10-5-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 19.
[Amended 11-4-1991 by L.L. No. 4-1991]
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Brightwaters 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 rules of ethical conduct for the officers
and employees of the Village of Brightwaters. These rules shall serve
as a guide for official conduct of the officers and employees of the
Village of Brightwaters. The rules of ethical conduct in this chapter,
as adopted and amended, 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:
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
An officer or employee of the Village of Brightwaters, whether
paid or unpaid, including member 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.
[Amended 11-4-1991 by L.L. No. 4-1991]
[Amended 11-4-1991 by L.L. No. 4-1991; 9-3-2013 by L.L. No.
4-2013]
Every officer or employee of the Village of Brightwaters, Suffolk
County, New York, 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 $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 in
the performance of his or her official duties or was intended as a
reward for any official action on his or her part. The use of Village
services, property or personnel is for the sole benefit of the Village,
official Village events and all its residents and may not be used
for any personal use.
B.
Use
of Village funds and property. No Village of Brightwaters officer
or employee shall use Village funds, property or a Village facility
for political purposes or for the personal advantage of themselves
or a member of their family.
C.
Equal
treatment of public by Village officers and employees. Every Village
officer and employee of the Village of Brightwaters shall treat every
member of the public with equal consideration and without special
advantage. No Village officer or employee shall discriminate on the
basis of race, color, creed/religion, national origin, age, disability,
sex or sexual orientation.
D.
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.
E.
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 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.
F.
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 this 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.
G.
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 Brightwaters, Suffolk County, New York, 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 or
she has in such legislation.
H.
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, except that he or she can hold less than
a five-percent stock interest in any corporation doing business with
the Village of Brightwaters.
I.
No officer or employee shall have an interest in any contract with
the Village of Brightwaters when such officer or employee, individually
or as a member of a board, has the power or duty to i) negotiate,
prepare, authorize or approve the contract or authorize or approve
payment thereunder; ii) audit bills or claims under the contract;
iii) appoint an officer or employee who has any of the powers or duties
set forth above.
J.
Outside employment requiring disclosure of confidential information.
No officer or employee of the Village of Brightwaters shall accept
employment or engage in any business or professional activity which
will require him or her to disclose confidential information which
he or she has gained by reason of his or her official position or
authority.
K.
No officers or employees of the Village of Brightwaters shall disclose
confidential information or information not generally available to
the public, acquired by them in the course of their official duties,
nor use such information to further their personal interests, either
while officers or employees of the Village or after they have left
Village service.
L.
No officer or employee of the Village of Brightwaters shall use or
attempt to use his or her official position to secure unwarranted
privileges or exemptions for himself or herself and others.
M.
Transactions as Village agent. No officers or employees of the Village
of Brightwaters shall engage in any transaction as representatives
or agents of the Village with any business entity in which they have
a direct or indirect financial interest that might reasonably tend
to conflict with the proper discharge of their official duties.
N.
Village officers or employees shall not, by their conduct, give a
reasonable basis for the impression that any person can improperly
influence them or unduly enjoy their favor in the performance of their
official duties or that they are affected by kinship, rank, position
or influence of any party or person.
O.
Officers and employees of the Village of Brightwaters shall abstain
from making personal investments in enterprises which they have reason
to believe may directly be involved in decisions to be made by them
or which will otherwise create conflicts between their duty in the
public interest and private interest.
P.
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.
Q.
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 Brightwaters in relation to any case,
proceeding or application in which he or she personally participated
during the period of this service or employment or which was under
their his or her consideration.
R.
Press/public relations/media. No individual may speak on behalf of
the Village of Brightwaters. All officials and employees must make
it clear to the press that he/she is not purporting to talk on behalf
of the Board itself or the Village itself as a legal entity. The official
or employee has to make it clear that statements made to the press
reflect his/her opinion only. This would include communicating with
any press/public relations/social media and any form of broadcast/print/new/social
media. However, the Board of Trustees, by a majority vote, may authorize
the Mayor, or an individual Trustee, to speak to the press on behalf
of the Board itself or the Village.
Any Village officer or employee who has, will have or later
acquires an interest in any actual or proposed contract with the Village
shall publicly disclose the nature and extent of such interest in
writing to the Village Board as soon as he/she has knowledge of such
actual or prospective interest. Such written disclosure shall be made
part of and set forth in the official record of the proceedings of
such body, and a copy shall be forwarded to the Village Clerk to be
kept in a separate file. Once disclosure has been made by an officer
or employee with respect to an interest in a contract with a particular
person, firm, corporation or association, no further disclosures need
be made by such officer or employee with respect to additional contracts
with the same party during the remainder of the fiscal year.
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 Brightwaters,
Suffolk County, New York, or any agency thereof, on behalf of himself/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.
The
Mayor of the Village of Brightwaters shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Village
of Brightwaters within 10 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 and shall complete and file with the Clerk of the Village
of Brightwaters the receipt of Code of Ethics set forth below at the
end of this section.[1]
[1]
Editor's Note: Said receipt is included as an attachment to this chapter.
B.
Failure to distribute any copy 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 provisions thereof.
[Amended 11-4-1991 by L.L. No. 4-1991]
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.
