This chapter shall be known and may be cited
as the "City of Glen Cove Code of Ethics."
[Amended 10-24-2006]
Pursuant to the provisions of § 806
of the General Municipal Law, the City Council of the City of Glen
Cove 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,
employees, and City consultants/independent contractors of the City
of Glen Cove. These rules shall serve as a guide for official conduct
of the officers, employees and City consultants/independent contractors
of the City of Glen Cove. 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, employees and City consultants/independent
contractors.
As used in this article, the following terms
shall have the meanings indicated:
CITY CONSULTANT/INDEPENDENT CONTRACTOR
A professional or personal service provider, whether an individual,
entity, or agent/employee of an entity, that provides professional,
technical, and/or other personal services to the City of Glen Cove,
or any of its departments, boards or agencies, pursuant to a contract,
agreement and/or any other remuneration arrangement.
[Added 10-24-2006]
INTEREST
A pecuniary or material benefit accruing to a municipal officer,
employee and City consultants/independent contractors unless the context
otherwise requires.
[Amended 10-24-2006]
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the City of Glen Cove, 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 fire fighter
or civil defense volunteer, except a chief or assistant chief.
[Amended 10-24-2006]
Every municipal officer, employee and/or consultants/independent
contractors of the City of Glen Cove shall be subject to and abide
by the following standards of conduct:
A. Gifts. He, she or it shall not directly or indirectly
solicit any gift, or accept or receive any gift having a value of
$75 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, her or it or could reasonably be expected
to influence him, her or it, in the performance of his, her or its
official duties or engagement or was intended as a reward for any
official action on his, her or its part.
B. Confidential information. He, she or it shall not
disclose confidential information acquired by him, her or it in the
course of his, her or its official duties or engagement or use such
information to further his, her or its personal interest.
C. Representation before one's own agency. He, she or
it 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, she or it is an officer,
member or employee, or otherwise engaged, or of any municipal agency
over which he, she or it has jurisdiction or to which he, she or it
has the power to appoint any member, officer or employee.
D. Representation before any agency for a contingent
fee. He, she or it 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 the City of Glen Cove,
whereby his, her or its 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 or she knows thereof, a member of the City Council, any officer
or employee, and City consultant/independent contractor of the City
of Glen Cove, whether paid or unpaid, who participates in the discussion
or gives official opinion to the City Council on any legislation before
the City Council shall publicly disclose on the official record the
nature and extent of any direct or indirect financial or other private
interest he, she or it has in such legislation.
F. Investments in conflict with official duties. He,
she or it 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 or her official duties or engagement.
G. Private employment. He or she 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 or
her official duties.
H. Future employment. He, she or it shall not, after
the termination of service, employment, or engagement with such municipality,
provide professional or personal services to a nonmunicipal party
nor appear before any board or agency of the City of Glen Cove in
relation or connection to any case, matter, proceeding or application
in which he, she or it personally participated during the period of
his, her or its service, employment or engagement or which was under
his, her or its active consideration.
Nothing herein shall be deemed to bar or prevent
the timely filing by a present or former municipal officer, employee,
or City consultant/independent contractor of any claim, account, demand
or suit against the City of Glen Cove, or any agency thereof, on behalf
of himself or herself or any member of his or her family arising out
of any personal injury or property damage or for any lawful benefit
authorized or permitted by law.
The Mayor of the City of Glen Cove shall cause
a copy of this Code of Ethics to be distributed to every officer and
employee of the City within 30 days after the effective date of this
chapter. Each officer, employee, and City consultant/independent contractor
elected, appointed, or engaged thereafter shall be furnished a copy
before entering upon the duties of his, her or its office or employment
or engagement.
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.