The Board of Trustees of the Village of Head-of-the-Harbor 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
and accordingly has, by resolution, duly adopted this Code of Ethics pursuant
to § 806 of the General Municipal Law of the State of New York.
It is the purpose of this chapter to promulgate rules of ethical conduct for
the officers and employees of the village. Such rules shall serve as a guide
for official conduct of the officers and employees of the village. 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 applicable general or special law relating to ethical conduct
and interest in contracts of municipal officers and employees.
As used in this chapter, the following terms shall have the meanings
indicated:
INTEREST[Amended 5-12-1990 by L.L.
No. 3-1990]
A direct or indirect pecuniary or material benefit accruing to a
village official or employee as a result of a contract with the village. An
official or employee is deemed to have an "interest" in a contract of:
A.
His spouse, minor children and dependents, except a contract of employment
with the village.
B.
A firm, partnership or association of which the official or employee
is a member.
C.
A corporation of which the official or employee is an officer, director
or employee.
D.
A corporation any stock of which is controlled, directly or indirectly,
by the official or employee.
OFFICER OR EMPLOYEE
An officer or employee of the village, whether paid or unpaid, including
members of the Board of Trustees and of any administrative board, commission
or other agency thereof.
VILLAGE
The Incorporated Village of Head-of-the-Harbor.
Every officer or employee 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 twenty-five dollars ($25.)
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.
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 this 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, any officer or employee 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 the village, 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 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 of the village shall cause a copy of this chapter to be distributed
to every officer and employee within thirty (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.
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 chapter may be fined, suspended or removed from office or employment,
as the case may be, in the manner provided by law.