Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of New Hartford
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 New Hartford. These rules shall serve as a guide
for official conduct of the officers and employees of said Village.
The rules of ethical conduct set forth herein 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.
For the purpose of this chapter, the terms used herein are defined
as follows:
INTEREST
A pecuniary or material benefit accruing to a Village officer
or employee, unless the context otherwise requires.
VILLAGE OFFICER OR EMPLOYEE
An officer or employee of the Village of New Hartford, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a "Village
officer or employee" solely by reason of being a volunteer fireman
or civil defense volunteer.
Every officer or employee of the Village of New Hartford 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, 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.
[Amended 9-11-1994 by L.L. No. 1-1994]
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 Village agency of which he is an
officer, member or employee or of any such 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 his
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 New Hartford, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Board of Trustees
on any legislation before said Board 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 and for a period of two years thereafter, appear
before any board or agency of the Village of New Hartford 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 Village officer or employee of any claim,
account, demand or suit against the Village of New Hartford or any
agency thereof on behalf of himself or any member of his family arising
out of any contractual or 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 this chapter may be suspended or removed from
office or employment, as the case may be, in the manner provided by
law.