[HISTORY: Adopted by the Board of Trustees
of the Village of Millerton 10-11-1978 as Ch. 18 of the 1978 Code. Amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Village of Millerton 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 Millerton. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Millerton.
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 public officers
and employees.
[Amended 2-23-1998 by L.L. No. 1-1998]
As used in this chapter, the following terms
shall have the meanings indicated:
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. 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 municipality which such officer
or employee serves.
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.
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 Millerton, 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.
Every officer or employee of the Village of
Millerton 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 be reasonably inferred that the gift was intended
to influence him or could reasonably be expected to influence him
in the performance of his official action on his part.
[Amended 2-23-1998 by L.L. No. 1-1998]
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 municipal
agency of which he is an officer, member or employee or before any
municipal 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 this village, 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 Village Board and any officer
or employee of the Village of Millerton, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Village
of Millerton 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 that 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, appear before any
board or agency of the Village of Millerton 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 contained shall be deemed to
bar or prevent the timely filing by a present or former public officer
or employee of any claim, account, demand or suit against the Village
of Millerton 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.
[Amended 2-23-1998 by L.L. No. 1-1998]
The Village Clerk of the Village of Millerton
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the Village of Millerton 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
not the enforcement of provisions thereof.
In addition to any penalty contained in any
other provision of the 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.
