[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls 8-18-1986 as Ch. 13 of the 1968 Code. Amendments
noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Hudson Falls 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 chapter to promulgate these rules of ethical conduct
for the officers and employees of the Village of Hudson Falls. These rules
shall serve as a guide for the official conduct of the officers and employees
of the Village of Hudson Falls. 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 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:
A pecuniary or material benefit accruing to a municipal officer or
employee, unless the context otherwise requires.
An officer or employee of the Village of Hudson Falls, 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 Hudson Falls 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, expressed 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, expressed 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.
Interest in legislation.
(1)
To the extent that he knows thereof, a member of the
Board of Trustees and any officer or employee of the Village of Hudson Falls,
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.
(2)
To the extent that he/she knows thereof, a member of
the Board of Trustees and any officer or employee of the Village of Hudson
Falls, either paid or unpaid, shall not take action upon a matter before the
Village or any instrument thereof when the performance of that action would
provide a pecuniary or material benefit to himself or herself.
[Added 10-16-1989 by L.L. No. 6-1989]
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.
(1)
He shall not, after termination of service or employment
with such municipality, appear before any board or agency of the Village of
Hudson Falls 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.
(2)
He/she shall not accept employment or engage in any business
or activity which will require him or her to disclose confidential information
which he or she has gained by reason of his or her office, position or authority.
[Added 10-16-1989 by L.L. No. 6-1989]
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 Hudson Falls, 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 Hudson Falls shall cause a copy of this
code of Ethics to be distributed to every officer and employee of the Village
within 30 days after the effective date of this chapter. Each officer and
employee elected or appointed thereafter shall be furnished with a copy before
entering upon the duties of his office or employment.
[Added 10-16-1989 by L.L. No. 6-1989]
Every official and employee is required to attest on an annual basis
that he or she has reviewed the Code of Ethics of the Village of Hudson Falls
and understands such code and is not in violation of any provision of the
code. Such attestation will be made on or before the first day of June of
each year.
[Added 10-16-1989 by L.L. No. 6-1989]
A.
The Ethics Board will consist of five members, each appointed
by the majority vote of the Village Board of Trustees. Each appointee must
reside in the Village of Hudson Falls.
B.
At least one member of the Ethics Board shall be an elected
or appointed municipal officer or employee, but the majority of members shall
not be officers or employees.
[Amended 3-16-1992 by L.L. No. 4-1992; 5-4-1992
by L.L. No. 5-1992]
C.
The Ethics Board members will serve terms of four years;
however, two of the original appointees will serve initial terms of two years.
D.
Three members of the Ethics Board will constitute a quorum.
E.
The members of the Ethics Board will not be compensated,
but will be reimbursed for reasonable expenses incurred in the performance
of their duties.
[Added 10-16-1989 by L.L. No. 6-1989]
A.
The Ethics Board will meet as necessary and when called
upon to convene by the Village Board. At its meetings, the Ethics Board will
consider complaints of unethical practices or instances of impropriety brought
by the Village Board.
B.
Where the Ethics Board deems that a conflict of interest
or other impropriety adversely reflecting on the integrity of the Village
government does exist and, if in the sole opinion of the majority of the entire
membership of the Ethics Board, such conflict warrants a public disclosure,
the Ethics Board will cause and direct only relevant information pertaining
to the conflict of impropriety of the particular official or employee to be
filed with the Village Board. The filing will constitute a public record,
to be made available to anyone who makes application to examine such record.
The Village Board will accept such statements and maintain separate files
for the same.
C.
Prior to the filing of the opinion with the Village Board,
a copy will be mailed to the official or employee by certified mail, return
receipt requested. The official or employee may respond, rebut or otherwise
refute the opinion of the Ethics Board, either in writing or personally, or
both, before the Board at a time and place specified by the Board. The failure
of the official or employee to respond personally within 21 days from the
date the opinion is received will constitute a waiver by that official or
employee. The Ethics Board may, in its discretion, amend, revise or rewrite
its opinion or rescind by a majority vote of the entire membership its initial
decision to make a public disclosure.
D.
In addition to all other powers conferred by this section,
the Ethics Board may recommend to the official or employee a manner in which
the conflict of interest or appearance of impropriety may be rectified. An
affidavit by the official or employee detailing his compliance with the recommendations
may be sufficient reason to rescind the Ethics Board's decision to disclose
the statement or portion of the statement to the Village Board. The affidavit
must be delivered to the Board at the time and place set forth in the Board's
certified, return-receipt-requested letter to the official or employee. If
the official or employee fails to follow the recommendations of the Ethics
Board in curing the conflict of interest or appearance of impropriety, that
fact will also be disclosed to the Village Board.
F.
In addition to any other powers and duties specified
by this chapter, the Ethics Board will have the power and duty to conduct
any investigation necessary to carry out the provisions of this section. Pursuant
to this power and duty, the Ethics Board may administer oaths or affirmations,
subpoena witnesses, compel their attendance and require the production of
any books or records which it may deem relevant or material.
A.
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.
B.
If any official or employee refuses or fails, either
unknowingly or intentionally, to file a statement as required by this law,
the Ethics Board will notify the Village Board that said individual has not
filed a statement. Upon such notification, the Village Board may suspend the
official or employee without pay. In addition, the official or employee will
also be notified by certified mail that no statement has been filed.
[Added 10-16-1989 by L.L. No. 6-1989]
(1)
Once a statement has been filed, the Ethics Board will
promptly notify the Village Board that the official or employee has complied
with the filing requirement of this law, reinstate the official or employee
and release all moneys withheld.
(2)
Notwithstanding any other penalties imposed by this section,
if any official or employee does not file a statement within 45 days after
being notified by the Ethics Board that said official or employee has failed
to file or if the official or employee files a statement which the Ethics
Board determines was filed with the intent to deceive, intentionally misrepresent
or otherwise fraudulently answer any question set forth in the statement or
intentionally withheld any information asked for or demanded in this statement,
such action will be deemed a misconduct of office and will be ground for suspension
or dismissal. The Ethics Board will send a notice of reasonable cause to the
Village Board of such instances of misconduct. The Village Board may take
whatever action it deems appropriate to enforce a suspension or dismissal
of the offending individual.
(3)
If any official or employee files a statement with the
intent to deceive, intentionally misrepresent or otherwise fraudulently answer
any question set forth in the statement or to intentionally withhold any information
asked for or demanded in the statement and if such deception or misrepresentation
is found to be both intentional and material, then such official or employee
may be assessed a civil penalty of not more than $1,000 by the Ethics Board.
Assessment of a civil penalty will be final unless suspended or vacated within
30 days of imposition by the Ethics Board.
C.
Nothing in this section will be construed as precluding
the prosecution of officials or employees for violations of any offense, criminal
or civil, pursuant to the laws, ordinances or statutes of the State of New
York.
[Added 10-16-1989 by L.L. No. 6-1989]
D.
Any appointed official or employee who is dismissed from
his or her position by virtue of a violation of this chapter will be prohibited,
for a period of three years after the date of such dismissal, from service
as an official or employee of the Village of Hudson Falls.
[Added 10-16-1989 by L.L. No. 6-1989]
