[HISTORY: Adopted by the Board of Trustees of the Village
of Island Park at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Island Park, New York, hereby adopts a Code of Ethics setting forth
for the guidance of its public officers and employees the standards
of conduct reasonably expected of them so that public confidence is
to be maintained in our unit of local government. 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, Article 7 of the Civil Service Law, or any other general
or special law relating to ethical conduct and interest in contracts
of municipal officers and employees.
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 purpose
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
A.
His spouse, minor children and dependents, except
a contract of employment with the municipality which such officer
or employee serves;
B.
A firm, partnership or association of which such officer
or employee is a member or employee;
C.
A corporation of which such officer or employee is
an officer, director or employee; and
D.
MUNICIPAL OFFICER 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 Incorporated Village of Island
Park, 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.
Every officer or employee of the Incorporated
Village of Island Park shall be subject to and abide by the following
standards of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
or accept 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
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.
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 of 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 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.
E.
Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Board of Trustees and any officer
or employee of the Village of Island Park, whether paid or unpaid,
who participates in the discussion or gives official opinion to the
Board of Trustees on any legislation before the Board of Trustees
shall publicly disclose on the official record the nature and extent
of any direct or indirect financial or other private interest 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 Island Park 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.
A.
No officer or employee of the Village of Island Park
shall, directly or indirectly, use his authority or official influence
to compel or induce any other officer or employee of the Village to
pay or promise to pay any political assessment, subscription or contribution.
B.
Every officer or employee who may have charge or control
in any building, office or room occupied for any governmental purpose
is hereby authorized to prohibit the entry of any person, and he shall
not knowingly permit any person to enter the same for the purpose
of making, collecting, receiving or giving notice therein of any political
assessment, subscription or contribution; and no person shall enter
or remain in any such office, building or room, or send or direct
any letter or other writing thereto, for the purpose of giving notice
of, demanding or collecting a political assessment; nor shall any
person therein give notice of, demand, collect or receive any such
assessment, subscription or contribution.
C.
No person shall prepare or take any part in preparing
any political assessment, subscription or contribution with the intent
that the same shall be sent or presented to or collected of any officer
or employee subject to the provisions of this chapter, and no person
shall knowingly send or present any political assessment, subscription
or contribution to or request its payment of any said officer or employee.
A.
There is hereby created and established a Board of
Ethics consisting of five members to be appointed by the Board of
Trustees, all of whom shall reside in the Village of Island Park and
who shall serve without compensation. Of the members first appointed
to the Board, one shall hold office for the term of one year, one
for the term of two years, one for the term of three years, one for
the term of four years, and one for the term of five years from and
after his appointment. Their successors shall each be appointed for
a term of five years from and after the expiration of the terms of
their predecessors in office. The members of the Board shall elect
a Chairman at their first meeting and at the first meeting each year
thereafter.
B.
The Board shall, within 30 days after request, unless
waived by the requesting party, render advisory opinions in writing
with respect to this code only pursuant to a written request by either:
(1) an officer or employee involved in a transaction by or with the
Village; or (2) the Mayor or a Trustee. If a matter shall come to
the attention of the Board of Ethics, which such Board shall deem
the proper subject of an advisory opinion, the Board may call such
matter to the attention of the officers or employees involved in writing
and, if none of such officers or employees shall request a written
opinion of the Board of Ethics within 10 days after notification by
the Board of Ethics, the Board may notify the Board of Trustees in
writing of its advice to the officers or request such opinion, with
a view toward the request for an advisory opinion by any member of
the Board of Trustees. All communications of the Board of Ethics,
pursuant to the provisions of the preceding sentence, shall remain
confidential and shall not be disclosed to any person other than the
officers or employees involved, members of the Board of Trustees,
the Village Clerk and the Village Attorney (who shall not further
disclose same), unless a request for a written opinion shall have
been made by an officer, employee or member of the Board of Trustees
within 10 days after the Board has called such matter to the attention
of the last of the foregoing persons, in which event the Board of
Ethics may disclose the information in its possession to such law
enforcement officers as it may deem advisable. The opinion of the
Board shall be advisory and confidential and in no event shall the
identity of the officer or employee be disclosed except to authorized
persons or agencies, unless the applicant waives the confidential
and privileged nature of such opinion in writing.
C.
Such Board, upon its information, shall promulgate
its own rules and regulations as to its opinions and proceedings.
D.
The Board shall perform all of the duties and have
all of the rights and powers of a Board of Ethics under Article 18
of the General Municipal Law.
The Mayor of the Village of Island Park shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Incorporated Village of Island Park 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
a copy of the Code of Ethics or failure of any officer or employee
to receive such copy shall have no effect on the duty of compliance
with such code or on 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 chapter may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
