Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Muttontown 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 these rules of ethical conduct for the
officers and employees of the Village of Muttontown. These rules shall
serve as a guide for official conduct of the officers and employees
of the Village of Muttontown. The rules of ethical conduct of this
chapter, 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.
[Amended 9-11-2000 by L.L. No. 3-2000]
As used in this chapter, the following terms
shall have the meanings indicated:
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee or his or her spouse, minor children
and dependents; a firm, partnership or association of which such officer
or employee is a member or employee; a corporation of which such officer
or employee is an officer, director or employee; and a corporation
any stock of which is accrued or controlled directly or indirectly
by such officer or employee, unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Muttontown, 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 fire chief or assistant fire
chief.
Every officer or employee of the Village of
Muttontown 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.
[Amended 9-11-2000 by L.L. No. 3-2000]
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 of Muttontown, 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 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 of Muttontown 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 Muttontown
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 9-11-2000 by L.L. No. 3-2000]
The Mayor of the Village of Muttontown shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the within 30 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 office
or employment. Failure to distribute any such copy 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.
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.
[Added 12-9-2008 by L.L.
No. 2-2008]
Pursuant to Municipal Home Rule Law § 22, the provisions
of this chapter are intended to supersede and replace any inconsistent
provisions of any state or local law, including, but not limited to,
General Municipal Law § 808, and the provisions of the Code
of the Village of Muttontown that are inconsistent herewith.