[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 12-19-1990 by L.L. No. 1-1990 (Ch. 20 of the 1992
Code). Amendments noted where applicable.]
A.
As provided by law, the Village of Brewster Board
of Trustees recognizes that there are rules of ethical conduct for
public officers and employees that must be observed if a high degree
of moral conduct is to be obtained and if public confidence is to
be maintained in the government of the Village of Brewster. It is
the purpose of this policy to promulgate rules of ethical conduct
for the officers and employees of the Village of Brewster. These rules
shall serve as a guide for official conduct of the officers and employees
of the Village of Brewster, Brewster, New York.
B.
The rules of ethical conduct of this policy 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 contrast of municipal
officers and employees.
As used in this chapter, the following words
shall have the meanings indicated:
Any claim, account or demand against or agreement with the
Village of Brewster, expressed 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, ordinance or other proceeding where such
publication is required or authorized by law.
A direct or indirect pecuniary or material benefit accruing
to a officer or employee of the Village of Brewster as the result
of a contract with the Village of Brewster. 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 of Brewster where such officer
or employee serves.
A firm, partnership or association of which
such officer is a member or employee.
A corporation of which such officer or employee
is an officer, director or employee.
A corporation, any stock of which is owned or
controlled directly or indirectly by such officer or employee.
An officer or employee of the Village of Brewster, 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.[1]
The Treasurer of the Village of Brewster.[2]
Every officer or employee of the Village of
Brewster shall be subject to and abide by the following standards:
A.
Gifts. He/she shall not directly or indirectly solicit
any gifts or accept or receive any gift having a value of $75 or more,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise or in 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 agency. He/she shall not receive
or enter into any agreement, expressed or implied, for compensation
for services being 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 agency for a contingency fee.
He/she shall not receive or enter into any agreement, expressed or
implied, for compensation of 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 provision shall
not prohibit the fixing at any time of fees based upon the reasonable
value of the services rendered.
E.
Disclosure of interest before the Village of Brewster
Board of Trustees. To the extent that he/she knows thereof, any officer
or employee of the Village of Brewster, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Village of Brewster
Board of Trustees on any matter before it 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 matters.
F.
Investments and conflicts with official duties. He/she
shall not invest or hold any investment directly or indirectly in
any financial, business, commercial or any private transaction that
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 interest when that 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 the Village of Brewster, appear before
the Village of Brewster Board of Trustees or any board or committee
of the Village of Brewster Board of Trustees in relation to any case,
proceeding or application in which he/she personally participated
during the period of his/her service or employment or that was under
his/her active consideration.
[Amended 5-20-1992 by L.L. No. 1-1992]
The Mayor of the Village of Brewster shall cause
a copy of this policy 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 policy nor the enforcement of
the provisions thereof.
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 or removed
from his office or employment, as the case may be, in the manner provided
by law.
The policy shall take effect on January 1, 1991.
