Pursuant to the provisions of §§ 806
and 811 of the General Municipal Law, the Board of Trustees of the
Village of Rye Brook establishes these rules of ethical conduct for
municipal officers and employees as a guide to assist in maintaining
their proper conduct and to promote public confidence in our unit
of local government. The rules of ethical conduct of this chapter
shall not conflict with, but shall be 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
of municipal officers and employees. This chapter shall not be construed
to authorize conduct otherwise prohibited.
As used in this chapter, the following terms
shall have the meanings indicated:
INTEREST
Includes without limitation any right, title, share or participation,
whether direct or indirect, in any thing from which a municipal officer
or employee may benefit. An officer or employee shall be deemed to
have a direct interest in the affairs of:
A.
His/her spouse, dependents or minor children;
B.
A business concern, partnership, corporation or association of which she or he, or any relation in Subsection
A of this definition, is a member, partner, owner, director or employee;
C.
A corporation in which any stock or other investment is owned or controlled by the officer or employee, or any relation in Subsection
A of this definition. If the corporation is publicly owned, "interest" shall be defined as owning over $10,000 worth of stock.
OFFICER OR EMPLOYEE
Includes any official, officer or employee of the Village
of Rye Brook, whether paid or unsaid, part-time or full-time, including
members of any department, board, commission or other committee thereof.
The following are not included: independent contractors who are requested
to do work for the Village periodically under separate agreements
or contracts each project, volunteer or on-call fire fighters, auxiliary
police and civil defense volunteers.
Every officer or employee of the Village of
Rye Brook shall be subject to and abide by the following standards
of conduct:
A. Gifts. No officer or employee shall, directly or indirectly,
solicit any gift, service or favor. No officer or employee shall accept
or receive any gift, service or favor valued over $75, in any form,
under circumstances in which it could reasonably be inferred that
the gift, service or favor was intended to influence him or her in
the performance of official duties, or was intended as a reward for
any official action.
B. Disclosure of confidential information. No present
or former officer or employee shall disclose confidential information
acquired in the course of official duties, or use such information
to further personal or private interests of himself or herself or
others. Nor shall any present or former officer or employee engage
in any activity, including accepting employment, that will require
disclosure of confidential information which was gained in his or
her capacity as an officer or employee.
C. Rendering of services. No officer or employee shall
render services to any individual, organization, business or association,
whether for compensation or not for compensation, relating to any
matter before any department, board, commission or committee to 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. Use of Village employees or property. No officer or
employee shall use Village property, perform services for or direct
any other Village officer or employee to perform services for any
person's personal convenience or profit. Nothing in this subsection
is meant to exclude the doing of business with the Village under contract
or otherwise after full disclosure, or the performance of or acceptance
of services available to the public generally.
E. Private employment. No officer or employee shall engage
in, solicit, negotiate for or promise to accept private employment
or render services for private interests that create a conflict with
or impair the proper discharge of official duties.
F. Political activities. No paid employee of the Village
shall solicit or receive for, make any contributions to or participate
in the management or campaign of any political party or candidate
for Village office. Nothing in this subsection is meant to interfere
with the employee's right as a citizen to express opinions privately
or to vote.
G. Investments or other interests in conflict with official
duties. No officer or employee shall invest or hold any investment,
directly or indirectly, in any financial, business, commercial or
other private transaction that may create a conflict with or impair
the proper discharge of official duties. Conflicts shall be resolved
by the officer or employee refraining from being present during any
discussions or votes of the possible conflictual issue.
H. Use of position to gain preferential treatment. No
officer or employee shall use or attempt to use his or her official
position to secure privileges or exemptions, or grant any special
consideration, treatment or advantage to any citizen beyond that which
is available to every other citizen.
I. Post-service appearances before Village.
(1) After the termination of service or employment with
this municipality, no former official or employee of the Village shall
appear before any department, board, commission or committee of the
Village:
(a)
For one year before any department, board, commission
or committee; or
(b)
Forever in relation to any matter in which the
officer or employee personally participated during the period of his
or her service or employment.
(2) Notwithstanding the foregoing, nothing herein shall
prohibit a former official or employee from appearing before the Village
on behalf of the former official or employee, or on behalf of a member
of the household or immediate family of the former official or employee.
Every candidate for elected office of the Village
of Rye Brook shall, at least 30 days before the Village election,
file a sworn statement with the Village Clerk stating any entity in
which he or she has an interest that has done business with the Village,
as well as financial interests, real estate and other transactions
in which he or she participated in the Village of Rye Brook.
In addition to any penalty contained in any
other provision of law, the Ethics Board may recommend to the Board
of Trustees that any person who shall knowingly and intentionally
violate any of the provisions of this Code of Ethics be fined, suspended
or removed from office or employment for cause, in the manner provided
by law.
No officer or employee shall:
A. Discriminate or cause involuntary segregation, or
permit to discriminate directly or indirectly, based upon gender,
race, religion, ethnicity, sexual orientation, marital status, parental
status or physically challenged status or allow the preceding to be
factors affecting the recruitment, selection, placement, assignment,
compensation or promotion of any officer or employee; or
B. Permit, directly or indirectly, the use of any Village property, equipment or services by any person or persons, organizations or any other group who, directly or indirectly, discriminates as set forth in Subsection
A above.
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; copies shall also be distributed to any individual
seeking electoral or appointive office in the Village, employment
by the Village or any organization or business seeking to supply Village
with products or services.