Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of Hillburn, 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. It is the purpose of this
resolution to promulgate these rules of ethical conduct for the officers
and employees of the Board of Trustees of the Village of Hillburn,
New York. These rules shall serve as a guide for official conduct
of the officers and employees of the Board of Trustees of the Village
of Hillburn, New York. 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 municipal officers and employees.
As used in this chapter, the following terms shall have the
meanings indicated:
INTEREST
A pecuniary or material benefit accruing to a municipal officer
unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Hillburn, New York,
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 chief engineer or assistant
chief engineer.
Every officer or employee of the Village of Hillburn, New York,
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 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 of legislation. To the extent that he knows
thereof, a member of the Board of Trustees and any officer or employee
of the Village of Hillburn, New York, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Board
of Trustees on any matter, resolution or 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 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 Board of Trustees of the Village of Hillburn, New York, 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 or demand or suit against the Board of Trustees of
the Village of Hillburn, New York, or any agency thereof on behalf
of himself or any member of his family rising out of any personal
injury or property damage or for any lawful benefit authorized or
permitted by law.
The Clerk of the Village of Hillburn, New York, shall cause
a copy of this code of ethics to be distributed to every officer and
employee of the Village within 10 days after the effective date of
this chapter. Each officer and employee elected or appointment thereafter
shall be furnished a copy before entering upon the duties of his office
or employment.
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.