[HISTORY: Adopted by the Board of Trustees of the Village of Westfield 12-7-1970.
Amendments noted where applicable.]
The Village Board of the Village of Westfield recognizes that there
are state statutory provisions mandating villages to establish rules and standards
of ethical conduct for public officers and employees which, if observed, can
enhance public confidence in local government. It is the purpose of this chapter
to implement this objective through the establishment of standards of conduct,
to provide for punishment of violation of such standards and to create a Board
of Ethics to render advisory opinions to the Village officers and employees
as provided for herein.
The standards, prohibited acts and procedures established herein are
in addition to any prohibited acts, conflicts of interest provisions or procedures
prescribed by statute of the State of New York and also in addition to common
law rules and judicial decisions relating to the conduct of village officers,
to the extent that the same are more severe in their application than this
chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Any board, commission, district, council or other agency, department
or unit of the government of the Village of Westfield.
Any officer or employee of the Village of Westfield, whether paid
or unpaid, whether serving in a full-time, part-time or advisory capacity.
No Village employee shall have any interest, financial or otherwise,
direct or indirect, or engage in any business or transaction or professional
activity or incur any obligation of any nature which is in substantial conflict
with the proper discharge of his duties in the public interest.
A.
No Village employee shall accept other employment which
will impair his independence of judgment in the exercise of his official duties.
B.
No Village employee shall accept employment or engage
in any business or professional activity which will require him to disclose
confidential information which he has gained by reason of his official position
or authority.
C.
No Village employee shall accept an offer of future employment
which will impair his independence of judgment in the exercise of his official
duties or which will conflict in any way with his official duties.
D.
No Village employee shall use or attempt to use his official
position to secure unwarranted privileges or exemptions for himself or others.
E.
No Village employee shall engage in any transaction as
representative or agent of the Village with any business entity in which he
has a direct or indirect financial interest that might reasonably tend to
conflict with the proper discharge of his official duties.
F.
A Village employee shall not by his conduct give reasonable
basis for the impression that any person can improperly influence him or unduly
enjoy his favor in the performance of his official duties or that he is affected
by the kinship, rank, position or influence of any party or person.
G.
Each Village employee shall abstain from making personal
investments in enterprises which he has reason to believe may be directly
involved in decisions to be made by him or which will otherwise create substantial
conflict between his duty in the public interest and his private interest.
H.
Each Village employee shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that he is likely
to be engaged in acts that are in violation of his trust.
I.
Each Village employee shall make a full disclosure of
whatever interest he may have, whether financial or otherwise, direct or indirect,
in legislation that is before any Village governing body.
J.
No Village employee employed on a full-time basis nor
any firm or association of which such employee is a member nor corporation,
a substantial portion of the stock of which is owned or controlled directly
or indirectly by such employee, shall sell goods or services to any person,
firm, corporation or association which is licensed or whose rates are fixed
by the Village in which such employee serves or is employed.
In addition to any penalty contained in any other provision of law,
any such Village employee who shall knowingly and intentionally violate any
of the provisions of this chapter may be fined, suspended or removed from
office or employment in the manner provided by law.
There is hereby established a Board of Ethics consisting of at least
three members to be appointed by the Village Board, all of whom reside in
the Village of Westfield and who shall serve without compensation and at the
pleasure of the Village Board of the Village of Westfield. A majority of such
members shall be persons other than Village employees, but such Board of Ethics
shall include at least one member who is an elected or appointed Village employee
of the Village of Westfield.
The Board of Ethics established hereunder shall render advisory opinions
to Village employees on written request and, upon request of the Village Board,
make recommendations to such Village Board as to any amendments of this chapter.
The opinions of the Board of Ethics shall be advisory and confidential, and
in no event shall the identity of the Village employee be disclosed except
to authorized persons and agencies. Such opinions shall be on the advice of
counsel employed by the Board of Ethics or, if none, of the Village Attorney.
Upon its formation, such Board of Ethics shall promulgate its own rules
and regulations as to its form and Village procedures and shall maintain appropriate
records of its opinions and proceedings.
Upon the adoption of this chapter, the Village Mayor shall cause a copy
thereof to be distributed to every Village employee of this Village. Failure
to distribute any such copy or failure of any Village employee to receive
such copy shall have no effect on the duty of compliance with this code nor
the enforcement of provisions hereof. The Village Mayor shall further cause
a copy of this chapter to be kept posted conspicuously in each public building
under the jurisdiction of the Village. Failure to so post this chapter shall
have no effect on the duty of compliance herewith nor on the enforcement of
provisions hereof.
[Amended 10-30-1995 by L.L. No. 5-1995]
Within 30 days of the adoption of this chapter or any amendments thereto,
the Village Clerk shall file a copy thereof in the office of the appropriate
state agency.
The Village Board may appropriate moneys from the general Village funds
for the maintenance of and for personal services to the Board of Ethics established
hereunder, but such Board of Ethics may not commit the expenditure of Village
moneys except within the appropriations provided herein.
