This chapter shall be known as the "Code of Ethics of the Village
of West Hampton Dunes."
As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
Any person that receives a salary or wage from the Village
of West Hampton Dunes.
FAMILY MEMBER
A parent, step parent, sibling, step sibling, spouse, child,
step child, grandparent, household member, or domestic partner of
a municipal officer or employee, and individuals having any of these
relationships to the spouse of the officer or employee.
INTEREST
A direct or indirect monetary, financial or material benefit,
but does not include any benefit arising from the provision or receipt
of any services generally available to the residents or taxpayers
of the municipality or an area of the municipality, or a lawful class
of such residents or taxpayers. A municipal officer or employee is
deemed to have an interest in any matter involving:
A.
Any firm, partnership, association of which he or she, his or
her spouse, or a member of his or her household, is an owner, partner,
member, director, officer or employee; and
B.
Any corporation of which any such person is a director, officer
or employee, or directly or indirectly owns or controls more than
5% of the corporation's outstanding stock.
MUNICIPALITY
Village of West Hampton Dunes. The word "municipal" refers
to the municipality.
OFFICER
A person serving as a paid or unpaid official of the Village
of West Hampton Dunes, including but not limited to elected officers,
members of the municipality's governing board, any of its administrative
boards (e.g., Planning Board, Zoning of Board of Appeals), commissions,
committees, agencies, department heads and others who work in a similar
like capacity.
No municipal officer or employee shall exercise or perform his
or her official powers and duties on the basis of family or private
business, nor create an appearance of impropriety by giving the impression
that he or she will exercise or perform his or her official powers
or duties on the basis of any consideration other than the best interests
of the municipality.
An officer or employee of the Village of West Hampton Dunes
shall treat all members of the public, whether a person, firm or corporation,
or other organization without special advantage in carrying out his
or her official duties.
No officer or employee of the Village of West Hampton Dunes
may request or permit the use of Village-owned vehicles, equipment,
materials, resources or property for a non-Village purpose, except
when such use:
A. Is available to the public generally and on the same terms as a member
of the public; or
B. Is provided as written Village policy for the use of the officer
or employee in the conduct of official duties.
No Village officer or employee or former municipal officer or
employee who acquires confidential information in the course of exercising
or performing his or her official powers or duties may disclose or
use such information unless the disclosure or use is required or allowed
by law or in the course of exercising or performing his or her official
powers and duties.
The Board of Ethics shall render confidential advisory opinions
only to officers and employees of the Village of West Hampton Dunes
with respect to Article 18 of the General Municipal Law and this Code
of Ethics. Officers and employees of the municipality are encouraged
to seek advisory opinions whenever they are uncertain whether their
conduct may violate the Code of Ethics. The Board of Ethics will prepare
an advisory opinion, based on a thorough review of the facts and applicable
law. The Board's opinion is to be based solely on the facts presented
in the request or subsequently submitted in a written signed document.
The opinion will be rendered in writing to the requester as expeditiously
as is practicable, with special attention to the time requirements
of a given case. An officer or employee of the municipality whose
conduct or action is the subject of an advisory opinion will not be
subject to penalties or sanctions by virtue of acting, or failing
to act, due to a reasonable reliance on the opinion, unless material
facts were omitted or misstated in the material submitted by the requester.
The Board of Ethics will maintain a confidential indexed file of all
advisory opinions issued by the Board.
All officers and employees of the Village of West Hampton Dunes
and members of the Village of West Hampton Dunes Ethics Board must
complete an ethics training seminar on a biennial basis. Ethics training
will be provided at the direction of the Village Board, in conjunction
with the Village Ethics Board. Ethics training will be provided by
qualified professionals proficient in municipal ethics, and will be
designed to keep recipients knowledgeable of current standards and
issues in municipal ethics. The training seminar will be made available
each year. Scheduling and records documenting compliance with this
section will be performed and maintained by the Village Clerk.