Pursuant to the provisions of § 806 of the General Municipal
Law, the following Code of Ethics, to apply to all officers and employees
of the Village of Newark Valley, hereinafter called the "municipality," is
hereby adopted.
[Amended 10-3-1994 by L.L. No. 1-1994]
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 as the result of a contract with the municipality
which such officer or employee serves. For the purposes of this chapter, a
municipal officer or employee shall be deemed to have an interest in the contract
of:
A.
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee serves.
B.
A firm, partnership or association of which such officer or employee
is a member or employee.
C.
A corporation of which such officer or employee is an officer, director
or employee.
D.
A corporation, any stock of which is owned or controlled directly or
indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the municipality, 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 municipality 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 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 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 10-3-1994 by L.L. No. 1-1994]
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 governing body and any officer or employee
of the municipality, whether paid or unpaid, who participates in the discussion
or gives official opinion to the governing body on any legislation before
it 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. Future employment. He shall not, after the termination
of service or employment with the municipality, appear before any board or
agency of the municipality 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 municipality 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 10-3-1994 by L.L. No. 1-1994]
The chief executive officer of the municipality shall cause a copy of
this Code of Ethics to be distributed to every officer and employee of the
municipality 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.
The rules of ethical conduct provided by 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.
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.