Pursuant to the provisions of § 806
of the General Municipal Law, the Village Board of the Village of
Altamont 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 Altamont. These rules shall serve
as a guide for official conduct of the officers and employees of the
Village of Altamont. 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:
CONTRACT
Any claim, account or demand against or agreement with the
Village, express or implied, and shall include the designation of
a depository of public funds and the designation of a newspaper, including
but not limited to an official newspaper, for the publication of any
notice, resolution, or other proceeding where such publication is
required or authorized by law.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the Village. For the purposes of this chapter a municipal officer
or employee shall be deemed to have an interest in the contract of
his spouse, minor children and dependents, except a contract of employment
with the Village; a firm, partnership or association of which such
officer or employee is a member or employee; a corporation of which
such officer or employee is an officer, director or employee; and
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 Altamont, 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 be reason of being a volunteer fireman
or civil defense volunteer, except a fire chief or assistant fire
chief.
Every officer or employee of the Village of
Altamont shall be subject to and abide by the following standards
of conduct:
A. Gifts. He/she 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 could reasonably be expected to influence
him/her, in the performance of his/her official duties or was intended
as a reward for any official action on his/her part.
B. Confidential information. He/she shall not disclose
confidential information acquired by him/her in the course of his/her
official duties or use such information to further his/her personal
interest.
C. Representation before one's own agency. He/she 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 is an officer, member or employee or of any
municipal agency over which he/she has jurisdiction or to which he/she
has the power to appoint any member, officer or employee.
D. Representation before any agency for a contingent
fee. He/she 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 his/her municipality, whereby his/her
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/she knows thereof, a member of the Village Board and any officer
or employee of the Village of Altamont, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Village
Board on any legislation before the Village Board shall publicly disclose
on the official record the nature and extent of any direct or indirect
financial or other private interest he/she has in such legislation.
F. Investments in conflict with official duties. He/she
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/her official duties.
G. Private employment. He/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/her official duties.
H. Future employment. He/she shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Village of Altamont in relation to any case,
proceeding or application in which he/she presently participated during
the period of his/her service or employment or which was under his/her
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 Altamont
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 Altamont 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 a copy before entering upon the duties of his office
or employment. 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 of provisions
thereof.