[HISTORY: Adopted by the Board of Trustees of the Village
of Huntington Bay 8-10-1970. Amendments noted where applicable.]
Pursuant to the provisions of Section 806 of the General Municipal
Law, the Trustees of the Village of Huntington Bay recognize 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 Huntington Bay. These rules shall serve as a guide for
official conduct of the officers and employees of the Village of Huntington
Bay.
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:
[Amended 11-18-2002 by L.L. No. 6-2002]
A.Â
His spouse, minor children and dependents, except a contract of employment
with the municipality which such officer or employee serves.
B.Â
A firm, partnership or association of which such officer or employee
is a member or employee.
C.Â
A corporation of which such officer or employee is an officer, director
or employee.
D.Â
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 Village of Huntington Bay,
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.
[Amended 11-18-2002 by L.L. No. 6-2002]
Every officer or employee of the Village of Huntington Bay shall
be subject to and abide by the following standards of conduct:
A.Â
Gifts. He shall not, directly or indirectly, solicit any gift, or
accept or receive any gift, having a value in excess of $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 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 11-18-2002 by L.L. No. 6-2002]
B.Â
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.Â
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.Â
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 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.Â
Giving testimony before any agency. He shall not appear before, or
testify at, any meeting or hearing of any agency of this municipality
except at the specific request of such agency, unless he shall be
the owner of real property which will be affected by the action of
such agency, in which event he shall fully disclose his interest therein
prior to giving such testimony.
[Added 3-14-1983 by L.L. No. 1-1983[1]]
F.Â
Disclosure of interest in legislation. To the extent that he knows
thereof, a member of the Trustees and any officer or employee of the
Village of Huntington Bay, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Trustees on any
legislation before the 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.
G.Â
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.
H.Â
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.
I.Â
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 Huntington Bay 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 shall be deemed to bar or prevent the timely
filing by a present or former municipal officer or employee of any
claim, account, demand or suit against the Village of Huntington Bay
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 2-13-2006 by L.L. No. 4-2006; 11-18-2002 by L.L. No. 6-2002]
The Mayor of the Village of Huntington Bay shall cause a copy
of this Code of Ethics to be distributed to every officer and employee
of the Village 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 of Ethics, nor the enforcement provisions
thereof.
[Amended 1-14-2002 by L.L. No. 2-2002]
In addition to any penalty contained in any other provision
of law, any person or persons who shall knowingly and intentionally
violate any of the provisions of this chapter or article may be fined,
suspended or removed from office or employment, as the case may be,
in the manner provided by law. Any person or persons violating any
provisions of this chapter or article shall be liable for and pay
a fine of not less than $50 for a conviction on a first offense and
not more than $500 for a conviction on each subsequent offense.
[Added 1-14-2002 by L.L.
No. 2-2002; amended 11-18-2002 by L.L. No. 6-2002]
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Board of Trustees of the Incorporated Village of Huntington
Bay hereby declares that it would have passed this chapter or the
remainder thereof had such invalid application or invalid provision
been apparent.
