[HISTORY: Adopted by the Board of Trustees
of the Village of Floral Park 8-4-1970; amended in its entirety 2-7-2017 by L.L. No. 1-2017. Subsequent amendments
noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of Floral Park,
New York, 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
ordinance to promulgate these rules of ethical conduct for the officers
and employees of the Village of Floral Park. The rules of ethical
conduct of this ordinance, 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:
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 Floral Park. whether
paid or unpaid. including members of any administrative board, commission
or other agency thereof. No personal 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.
A spouse, parent, stepparent, sibling, stepsibling, sibling's
spouse, child, stepchild. grandparent, grandchild, uncle, aunt, nephew,
niece, first cousin or household member of a municipal officer or
employee, and individuals having any of these relationships to the
spouse of the officer or employee.
Every officer or employee of the Village of Floral Park 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 to himself or another person any gift having a value
of $25 or more, whether in the form of money, services, loan, travel
entertainment, hospitality, thing or promise of value both tangible
and intangible, 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, expressed 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, expressed 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 paragraph 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 Floral Park, whether paid or unpaid, who participates
in the discussion or gives official opinion of 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 a relative has in such legislation.
F.
Investments in conflicts 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.
(1)
No municipal officer or employee may ask for pursue or accept a private
post-government employment opportunity with any person or organization
that has a matter requiring the exercise of discretion pending before
the municipal officer or employee, either individually or as a member
of a board, while the matter is pending or within the 30 days following
final disposition of the matter.
(2)
No municipal officer or employee, absent prior written disclosure,
for the two-year period after serving as a municipal officer or employee,
may represent or render services to a private person or organization
in connection with any matter involving the exercise of discretion
before the municipal office.
(3)
No municipal officer or employee, at any time after serving as a
municipal officer or employee, may represent or render services to
a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee.
I.
Nepotism. Except as otherwise required by law:
(1)
No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the municipality or a municipal board.
(2)
No municipal officer or employee may directly supervise a relative
in the performance of the relative's official powers or duties.
(3)
In case of application, such relationship must be disclosed in writing
and reviewed and approved by the Board of Ethics.
J.
Use of municipal resources.
(1)
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel,
and the municipality's money, vehicles equipment, materials, supplies
or other property.
(2)
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(a)
Any use of municipal resources authorized by law or municipal
policy;
(b)
The use of municipal resources for personal or private purposes
when provided to a municipal officer or employee as part of his or
her compensation; or
(c)
The occasional and incidental use during the business day of
municipal telephones and computers for necessary personal matters
such as family care and changes in work schedule.
(3)
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
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 Floral Park,
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.
The Mayor of the Village of Floral Park or his/her designee
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the village within 20 days after the effective
date of this ordinance. Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon the duties
of his office or employment.
A.
The Village Clerk or his/her designee must promptly cause a copy
of this code, and a copy of any amendment to this code, to be posted
publicly and conspicuously in each building under the municipality's
control. The code must be posted within 10 days following the date
on which the amendment takes effect.
B.
The Village Clerk or his/her designee must promptly cause a copy
of this code, including any amendments to the code, to be distributed
to every person who is or becomes an officer and employee of the Incorporated
Village of Floral Park.
C.
Every municipal officer or employee who receives a copy of this code
or an amendment to the code must acknowledge such receipt in writing.
Such acknowledgements must be filed with the Village Clerk, who must
maintain such acknowledgments as a public record.
D.
The failure to post this code or an amendment to the code does not
affect either the applicability or enforceability of the code or the
amendment. The failure of a municipal officer or employee to receive
a copy of this code of ethics or an amendment to the code, or to acknowledge
receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
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
five members to be appointed by the Board of 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 Floral Park at the time of appointment
but shall include at least one member who is an elected or appointed
officer or employee of the Village of Floral Park.
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 Floral Park
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.
This ordinance shall take effect immediately upon completion of filing same in the office of the Village Clerk and publication in the official newspaper of the Village of Floral Park pursuant to Chapter 35, Local Law No. 4 of 1953 of the Village of Floral Park.
