[HISTORY: Adopted by the Board of Trustees of the Village of Yorkville 12-1-1970 by resolution. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Village Board of Yorkville, New York, 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.
This chapter shall be known as the "Code of Ethics of the Village of Yorkville, New York."
When used in this Code of Ethics and unless otherwise expressly stated or unless the context otherwise requires, the words "chief fiscal officer," "contract," "interest," "municipality," "municipal officer or employee" and "Treasurer" shall have the meanings and definitions as set forth under Article 18, § 800, of the General Municipal Law of the State of New York or any amendments thereto.
Except as provided in § 802 of the General Municipal Law:
No officer or employee shall have an interest in any contract with the municipality of which he is an officer or employee, individually or as a member of a board, who has the power or duty to:
No chief fiscal officer, Treasurer or his deputy or employee shall have an interest in a bank or trust company designated as a depository, paying agent, registration agent or for investment of funds of the municipality of which he is an officer or employee.
The provisions of this section shall in no event be construed to preclude the payment of lawful compensation and necessary expenses of any municipal officer or employee in one or more positions of public employment, the holding of which is not prohibited by law.
No officer or employee should accept other employment which will impair his independence or judgment in the exercise of his official duties.
No officer or employee should accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority.
No officer or employee should disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interests.
No officer or employee should use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others.
No officer or employee should engage in any transaction as a representative or agent of the Board of Trustees with any business entity in which he has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his official duties.
An officer or employee should not by his conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of his official duties or that he is affected by the kinship, rank, position or influence of any party or person.
An officer or employee should abstain from making personal investments in enterprises which he has reason to believe may be directly involved in decisions to be made by him or which will otherwise create substantial conflict between his duty in the public interest and his private interest.
An officer or employee should endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.
No officer or employee shall represent a corporation in business dealings with the Board of Trustees in which the officer or employee has a substantial portion of the stock of the corporation.
If any officer or employee shall have a financial interest, direct or indirect, having a value of $10,000 or more in any activity which is subject to the jurisdiction of a regulatory agency, he should file with the Secretary of State a written statement that he has such a financial interest in such activity, which statement shall be open to public inspection.
No officer or employee shall 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, 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 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 3-2-1993 by L.L. No. 1-1993]
No officer or employee shall 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 of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
No officer or employee shall 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.
No officer or employee shall become engaged in private employment which shall be in conflict with his official duties.
No officer or employee shall negotiate for future employment with any person, partnership or corporation, which person, partnership or corporation shall have any business or contract pending before the Board of Trustees.
No officer or employee shall hold investments which are in conflict with his official duties.
[Added 3-2-1993 by L.L. No. 1-1993]
There is hereby created and established a Board of Ethics consisting of three members, to be appointed by the Board of Trustees as needed and to serve without compensation. Of the members first appointed to the Board, one shall hold office for a term ending at the end of the current official year, one for a term ending at the end of the next official year and the third for a term ending at the end of the next succeeding official year. Their successors shall be appointed for three-year terms.
The members of the Board of Ethics shall elect a Chairman annually.
One member of the Board of Ethics shall be an elected or appointed officer or employee of the Village of Yorkville. The other two members shall not otherwise be officers or employees of such municipality.
The Board of Ethics shall render advisory opinions only to officers or employees of the Village of Yorkville with respect to this Code of Ethics and the provisions of Article 18 of the General Municipal Law. Such advisory opinions shall be rendered pursuant to the written request of any such officer or employee, under such rules and regulations as the Board may prescribe, and shall have the advice of counsel employed by the Board or, if none, the Village Attorney.
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.