Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Fair Haven 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 resolution to promulgate these rules of ethical conduct for
the officers and employees of the Village of Fair Haven. These rules shall
serve as a guide for official conduct of the officers and employees of the
Village of Fair Haven. The rules of ethical conduct of this resolution, 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 code, the following terms shall have the meanings indicated:
INTEREST
A pecuniary or material benefit accruing to a municipal officer or
employee unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Fair Haven, 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.
VILLAGE
The incorporated Village of Fair Haven.
Every officer or employee of the Village shall be subject to and abide
by the following standards of conduct:
A. Gifts. He shall not directly or indirectly solicit any
gift, nor 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 in 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 and any officer or
employee of the Village, whether paid or unpaid, who participates in the discussion
or gives an 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
has in such legislation.
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 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 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 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 resolution. Each officer and employee elected
or appointed thereafter shall be furnished a copy before entering upon the
duties of his office or employment.
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.