Pursuant to the provisions of § 806 of the General
Municipal Law of the State of New York, the Board of Trustees hereby
establishes a set of rules of ethical conduct as a guide for the officers
and employees of the Village of Monticello.
As used in this chapter, the following terms shall have the
meanings indicated:
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an "interest" in the contract of:
[Amended 6-21-1999 by L.L. No. 5-1999]
A.
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves.
B.
A firm, partnership or association of which such officer or
employee is a member or employee.
C.
A corporation of which such officer or employee is an officer,
director or employee.
D.
A corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Monticello 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 Fire Chief or Assistant Fire
Chief.
[Amended 6-21-1999 by L.L. No. 5-1999]
Every officer or employee of the Village of Monticello 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 $75 or more, whether
in the form of money, services, loans, 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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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 before 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, express 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. 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 Monticello, 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.
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. He shall not, after the termination of service
or employment with such municipality, appear before any board or agency
of the Village of Monticello 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 of Monticello 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.
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 the Code of Ethics may be fined, suspended or
removed from office or employment, as the case may be, in the manner
provided by law.
[Amended 6-21-1999 by L.L. No. 5-1999]
The Mayor of the Village of Monticello shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Village. Failure to distribute any such copy or failure of
any officer or employee to receive such copy shall have no effect
on the duty of compliance with such Code, nor the enforcement provisions
thereof.