[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Plandome: Art. I, 11-24-1970 as Ord. No. 48; Art. II, 11-24-1970 as Ord.
No. 49. Amendments noted where applicable.]
[Adopted 11-24-1970 as Ord.
No. 48]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the village 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 Code of Ethics to enact these rules of ethical conduct for the officers
and employees of the village. These rules shall serve as a guide for official
conduct of the officers and employees of the village. The rules of ethical
conduct of this code, 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 Article, the following terms shall have the meanings
indicated:
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 Article, a
municipal officer or employee shall be deemed to have an "interest" in the
contract of:
His spouse, minor children and dependents, except a contract of employment
with the municipality which such officer or employee serves.
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.
A corporation, any stock of which is owned or controlled, directly or
indirectly, by such officer or employee.
An officer, individual appointed by the Board or employee of the
village, 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 the Fire Chief.
Every officer or employee of the village shall be subject to and abide
by the following standards of conduct.
A.
General.
(1)
A person who accepts a public office or public employment
subjects himself to legal and ethical standards of conduct that are broader
and more exacting than those applicable in private office or private employment.
He does not act for a private individual or corporation or to enable a private
individual or corporation to make a profit. He acts for and on behalf of the
public. In his dealings with others, he represents the public. He, too, is
a member of the public. Just as he would wish public officers and employees
to deal with him as a member of the public, so he, as a public official or
member of the public, should deal with others. Just as he would demand that
the officers and employees of his municipality maintain the highest standards
of honesty and integrity and subordinate their own personal interests to the
interests of the municipality that they represent, so must he maintain the
highest standards of honesty, and integrity and subordinate his own personal
interest to the interests of the municipality that he represents. Just as
he would condemn the officers and employees of his municipality if they used
their offices or employment for personal gain and advantage, so must he avoid
the same acts and conduct that he would condemn in others.
(2)
Honesty and integrity cannot be legislated. It cannot
be defined by statute, ordinance, code, rule or regulation. The specific standards
enumerated in this code must be observed. The specific disclosures set forth
in the statute must be made. But it does not follow that acts not expressly
prohibited are permitted or sanctioned or that conflicts of interest that
are not specifically directed to be disclosed may be concealed. There are
ethical and moral standards of conscience and common decency as well. These
may be even more vital and compelling than the standards that have been specifically
set forth in statute or code. They, too, must be scrupulously observed.
B.
Gifts. He shall not, directly or indirectly, solicit
any gift or accept or receive any gift, regardless of its value, 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 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.[1]
C.
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.
D.
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.
E.
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 manner 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.
F.
Disclosure of interest in legislation. To the extent
that he knows thereof, any officer or employee, 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.[2]
G.
Investments 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.
H.
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.
I.
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 shall cause a copy of this Code of Ethics and any amendments
to be distributed to every officer and employee of the village within ten
(10) days after its effective date. 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 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.
Within thirty (30) days after adoption, the Village Clerk shall file
a copy of this Code of Ethics and any amendments thereto with the proper state
authority, as required by General Municipal Law § 806.
[Adopted 11-24-1970 as Ord.
No. 49]
There is hereby established a Board of Ethics consisting of three (3)
members to be appointed by the Board of Trustees and who shall serve without
compensation and at the pleasure of the Board. A majority of such members
shall be persons other than officers or employees of the village, but shall
include at least one (1) member who is an elected or appointed officer or
employee of the village.
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 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 of Trustees may prescribe. In addition,
the Board of Ethics 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.
