[HISTORY: Adopted by the Board of Trustees
of the Village of Montgomery 5-7-1991 by L.L. No. 1-1991. Amendments noted where
applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Montgomery 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. The proper operation
of the Village government requires that its officers and employees
be independent, impartial, objective, unbiased and responsible to
the people of the Village of Montgomery; that public office not be
used for personal gain; that public officers and employees maintain
the highest standards of integrity and discharge faithfully the duties
of their office, regardless of personal considerations; and that the
public have confidence in the officers and employees thereof. It is
the purpose of this chapter to promulgate these rules of ethical conduct
for the officers and employees of the Village of Montgomery. These
rules shall serve as a guide for official conduct of the officers
and 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 municipal officers
and employees.
When used herein and unless otherwise expressly
stated or unless the context otherwise requires, the following terms
shall have the meanings indicated:
A spouse, minor child, dependent or other adult person residing
in the household of a municipal officer or employee.
[Amended 8-2-2011 by L.L. No. 3-2011]
Any claim, account or demand against or agreement with the
Village, express or implied, including designation of a depository
of public funds and the designation of an official newspaper, and
direct or indirect pecuniary or material benefit accruing to an officer
or employee as the result of a business or professional transaction
with the Village. For the purpose of this chapter, an officer or employee
shall be deemed to have a direct "interest" in the affairs of: his
or her spouse, minor children and dependents; a business concern,
partnership or association of which such officer or employee is a
member, partner, owner or director; a corporation of which such officer
or employee is an officer or a director; and a corporation, any stock
of which is owned or controlled, directly or indirectly, by such officer
or employee.
The Mayor, Trustees and any officer or employee of the Village,
whether paid or not, including members of any administrative advisory
board, commission or other agency thereof. For the purpose of this
chapter, no person shall be deemed a "Village officer" or "employee"
solely by reason of being a volunteer fireman or a civil defense volunteer.
The Village of Montgomery or any of its boards, commissions
or agencies, whether operated solely by the Village of Montgomery
or jointly with one or more other municipalities.
Public officials and employees are agents of
the public purpose and hold office for the benefit of the public.
Their conduct in both their official and private affairs should be
above reproach. Every officer or employee of the Village of Montgomery
shall be subject to and abide by the following standards of conduct:
A.
Gifts. No officer or employee of the Village shall,
directly or indirectly, solicit any gift or accept or receive any
gift having a value of more than $75, 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 expected to influence him or her or could reasonably be expected
to influence him or her in the performance of his or her official
duties or was intended as a reward for any official action on his
or her part.
[Amended 8-2-2011 by L.L. No. 3-2011]
B.
Disclosure of confidential information. No officer
or employee of the Village shall disclose confidential information
acquired by him or her in the course of his or her official duties
or use such information to further his or her personal interests or
the private interests of others.
C.
Rendering of services. No municipal officer or employee of the Village, as defined in § 2-2, shall receive compensation or enter into any agreement to receive compensation, express or implied, with respect to any matter which is, was or will be before him or her for determination in his or her official capacity as a municipal officer or employee of the Village of Montgomery. In addition, no municipal officer or employee of the Village of Montgomery shall receive compensation or enter into any agreement, express or implied, to receive compensation in relation to any matter before any municipal agency, department, board or commission, except as a part of his or her official responsibilities to the agency, department, board or commission or as a function of the official position of the municipal officer or employee.
D.
Use of public property. No officer or employee shall
request or permit the use of Village-owned vehicles, equipment, material
or property for personal convenience or profit, except when such services
are available to the public generally or are provided as municipal
policy for the use of such officer or employee in the conduct of official
business.
E.
Use of position to achieve preferential treatment.
No officer or employee of the Village shall use or attempt to use
his or her official position to secure unwarranted privileges or exemptions
for himself or herself or others or grant any special consideration,
treatment or advantage to any citizen beyond that which is available
to every other citizen.
F.
Interest in appointments. Canvassing of members of
the Board of Trustees, directly or indirectly, in order to obtain
preferential consideration in connection with any appointment to the
municipal service shall disqualify the candidate for appointment except
with reference to positions filled by appointment by the Board of
Trustees.
G.
Disclosure of interest in legislation or other matter
involving a conflict of interest.
(1)
Any member of any Board of the Village of Montgomery
who has a direct or indirect financial or other private interest in
any matter before said Board shall immediately disclose on the public
record of that Board the nature and extent of such interest and shall
immediately recuse himself or herself from any further participation
or vote on such matter. Any Village officer or employee who may have
a direct or indirect financial or other private interest in any matter
before any Board of the Village of Montgomery in which he or she participates
in the discussion before, makes a recommendation to or gives an opinion
to said Board on the matter shall promptly inform his or her superior
of such interest, shall file with the Village Clerk a signed statement
disclosing the nature and extent of the interest and shall refrain
from participating any further in the matter before the Board.
[Amended 8-2-2011 by L.L. No. 3-2011]
(2)
All elected and appointed paid officials, department
heads and their assistants and Planning Board, Zoning Board of Appeals,
Architectural and Historic Review Board and Ethics Board members are
required, within 30 days of taking office, to file a confidential
disclosure statement on a form as provided by the Village of Montgomery
pursuant to this section.
[Amended 8-2-2011 by L.L. No. 3-2011]
(3)
In the event that a change occurs with respect to
any of the information required on the aforesaid confidential disclosure
statement, the party required to file such a statement shall file
an amended statement reflecting any such change in circumstances within
60 days from the date thereof, unless requested by the Board of Ethics
to do so sooner, in which case such amended statement shall be filed
within 10 days of the request for same.
H.
Investments or other interest in conflict with official
duties. No officer or employee of the Village shall invest or hold
any investment, directly or indirectly, in any financial, business,
commercial or other private transaction which creates a conflict with
his or her official duties.
I.
Private employment. No officer or employee shall 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 or
her official duties.
J.
Future employment. No officer or employee shall, after
the termination of service or employment with the Village, appear
before any board or agency of the Village of Montgomery in relation
to any case, proceeding or application in which he or she personally
participated during the period of his or her service or employment
or which was under his or her active consideration.
K.
Political activity. No municipal officer or employee,
except the Mayor and the members of the Board of Trustees, shall use
his or her official position on behalf of any political party, club,
association, society or committee. This provision shall not be interpreted
or construed as precluding any municipal officer or employee from
being involved in the political affairs of the Village as a private
citizen, nor shall it exempt any municipal officer or employee from
any federal, state or local rules, regulations, codes of conduct or
other restrictions imposed by law.
No officer or employee of the Village or of
any service or other organization chartered by or directly or indirectly
sponsored or supported by the Village shall:
A.
Discriminate or cause involuntary segregation, directly
or indirectly, based upon creed, color or national origin, or allow
the preceding to be factors affecting the recruitment, selection,
placement, assignment, compensation or promotion of any officer, employee
or member of such service or other organization.
When an officer or employee has doubt as to
the applicability of a provision of this Code to a particular situation,
he or she should apply to the Board of Ethics constituted for the
implementation of this Code for an advisory opinion and be guided
by that opinion when given. The officer or employee shall have the
opportunity to present his or her interpretation of the facts at issue
and of the applicable provision(s) of the Code before such advisory
decision is made. This Code shall be operative in all instances covered
by its provisions except if superseded by an applicable statutory
provision.
[Amended 8-2-2011 by L.L. No. 3-2011]
The Clerk of the Village shall cause a copy
of Article 18 of the General Municipal Law and this Code of Ethics
to be distributed to every officer and employee of the Village within
30 days after the effective date of this section. Each municipal officer
and employee elected or appointed thereafter shall be furnished a
copy of Article 18 and this Code before entering upon the duties of
his official duties. Additionally, the Village Clerk will annually
distribute a copy of this Code to all officers and employees of the
Village. The Clerk shall obtain each municipal officer's and employee's
signature acknowledging receipt of the Code and further acknowledging
that he or she has read it and understands it.
A.
There is hereby established a Board of Ethics of the
Village, consisting of five members, one of whom shall be a municipal
officer or employee of the Village, and a majority of such members
shall be persons other than a municipal officer or employee. All members
shall be appointed by the Board of Trustees for a term of five years,
each term to expire at the end of the Village's official year, except
that of those first appointed, one shall be appointed for five years,
one shall be appointed for four years, one shall be appointed for
three years, one shall be appointed for two years and one shall be
appointed for one year. The Board shall elect its own Chairman. The
Village Attorney shall be a member ex officio with no vote. There
shall be a recording secretary who shall be the Clerk of the Board
in charge of its minutes, books and records.
[Amended 2-20-2007 by L.L. No. 2-2007]
B.
The Board of Ethics shall have the powers and duties
prescribed by Article 18 of the General Municipal Law and shall render
advisory opinions to the officers and employees of the Village with
respect to Article 18 of the General Municipal law and any Code of
ethics adopted pursuant to such article. In addition, the Board may
make recommendations with respect to the drafting and adoption of
a Code of ethics or amendments thereto upon request of the Board of
Trustees.
C.
The Board of Ethics shall convene at least twice a
year and at such times as may otherwise be necessary. The Board of
Ethics may adopt rules and regulations relative to the conduct of
its business, but may only render advisory opinions subject to these
limitations:
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 the Code may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
The Board of Trustees, by the adoption of this L.L. No. 1-1991, hereby incorporates this Code of Ethics into the Village Code as Chapter 2 thereof for all future reference.
