[Adopted 12-8-1970]
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Tuxedo Park 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 Tuxedo Park, and these rules
shall serve as a guide for official conduct of the officers and employees
of the Village of Tuxedo Park. 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.
As used in this article, the following terms
shall have the meanings indicated:
A pecuniary or material benefit accruing, directly or indirectly,
to a municipal officer or employee, unless the context otherwise requires.
An officer or employee of the Village of Tuxedo Park, 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
Tuxedo Park 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 $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.
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 Tuxedo Park, 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. In the event that a possible conflict of interest
should exist between the duties of any Trustee or employee of the
Village and his personal affairs, the subject matter thereof shall
be disclosed to the Trustees. Upon such disclosure, the Trustees shall
decide as to whether the conflict of interest is sufficiently substantial
to disqualify the individual from properly performing his duties.
In the event that the decision is that the conflict is substantial,
the Trustees shall direct that the individual be prohibited from performing
his duties in the matter from which the conflict has arisen. If a
conflict of interest should exist and be concealed from the Trustees,
upon its disclosure, the Trustee or individual involved in such matter
shall be subject to dismissal, in the discretion of the Trustees.
E.
Investments of 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.
F.
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.
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 Tuxedo
Park, 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 of Tuxedo Park shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Village of Tuxedo Park within 30 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 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.
