Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Lawrence 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 promulgate these rules of ethical conduct
for the officers and employees of said Village. These rules shall serve as
a guide for the official conduct of the officers and employees of said Village.
The rules of the 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 chapter, the following terms shall have the meanings
indicated:
INTEREST
A pecuniary or material benefit accruing to a municipal officer or
employee, unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Lawrence, 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 Chief Engineer or Assistant Chief Engineer.
Every officer or employee of the Village of Lawrence 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 in 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 he must 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 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.
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, a member of the Board of Trustees and any officer or
employee of the Village of Lawrence, 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.
G. Investments in conflict with official duties. He shall
not invest or hold any investment, directly or indirectly, in any financial
or business 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 services create a conflict with
or impair 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 to be distributed
to every officer and employee of the Village within 10 days after the effective
date of this code. 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 code may be fined, suspended or removed from office or employment,
as the case may be, in the manner provided by law.