[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.
A.
Except as provided in § 802 of the General
Municipal Law:
(1)
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:
(2)
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.
B.
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.
A.
No officer or employee should accept other employment
which will impair his independence or judgment in the exercise of
his official duties.
B.
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.
C.
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.
D.
No officer or employee should use or attempt to use
his official position to secure unwarranted privileges or exemptions
for himself or others.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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]
L.
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.
M.
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.
N.
No officer or employee shall become engaged in private
employment which shall be in conflict with his official duties.
O.
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.
P.
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]
A.
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.
B.
The members of the Board of Ethics shall elect a Chairman
annually.
C.
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.
D.
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.
