Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Haverstraw 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 article to promulgate these rules of ethical conduct for the
officers and employees of the Village of Haverstraw. These rules shall serve
as a guide for official conduct of the officers and employees of the Village
of Haverstraw. The rules of ethical conduct of this article 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 8-11-1997 by L.L. No. 4-1997]
For the purpose of this article, the terms used herein are defined as
follows:
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 article, 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 Village of Haverstraw, 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 Haverstraw shall be subject
to and abide by the following standards of conduct:
A. Gifts. He or she shall not, directly or indirectly, solicit
any gifts; 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 inferred that the gift was intended to influence him or her
or could reasonably be expected to influence him or her in the performance
of his or her official duties, or was intended as a reward for any official
action on his or her part.
[Amended 8-11-1997 by L.L. No. 4-1997]
B. Confidential information. He or she shall not disclose
confidential information acquired by him or her in the course of his or her
official duties or use such information to further his or her personal interest.
C. Representation before one's own agency. He or she
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
which he or she is an officer, member or employee or of any municipal agency
over which he or she has jurisdiction or to which he or she has the power
to appoint any member, officer or employee.
D. Representation before any agency for a contingent fee.
He or she 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 or her municipality, whereby his or her 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 or she knows thereof, a member of the Board of Trustees and any officer
or employee of the Village of Haverstraw, 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 or she has in such legislation.
F. Investments in conflict with official duties. He or she
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 or her official duties.
G. Private employment. He or she 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 or her official duties.
H. Future employment. He or she shall not, after the termination
of service of employment with such municipality, appear before any board or
agency of the Village of Haverstraw in relation to any case, proceeding or
application in which he or she personally participated during the period of
his or her service or employment or which was under his or her 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 Haverstraw or any agency thereof on behalf
of himself or any member of his or her family arising out of any personal
injury or property damage or for any lawful benefit authorized or permitted
by law.
[Amended 8-11-1997 by L.L. No. 4-1997]
The Mayor of the Village of Haverstraw shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Village of
Haverstraw within 10 days after the effective date of this article. Each officer
and employee elected or appointed thereafter shall be furnished a copy before
entering upon the duties of his or her 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 the 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.
There is hereby established a Board of Ethics consisting of three members
to be appointed by the Board of Trustees and who shall serve without compensation
and at the pleasure of the Board of Trustees. A majority of such members shall
be persons other than officers or employees of the Village of Haverstraw,
but shall include at least one member who is an elected or appointed officer
or employee of the Village of Haverstraw.
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 of Haverstraw 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 may prescribe.
In addition, the Board 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.