[HISTORY: Adopted by the Board of Trustees of the Village
of Harriman 3-27-2012 by L.L. No. 1-2012.[1] Amendments noted where applicable.]
Officers and employees of the Village of Harriman hold their
positions to serve and benefit the public, and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Village Board recognizes that, in
furtherance of this fundamental principle, there is a need for clear
and reasonable standards of ethical conduct. This Code of Ethics establishes
those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person seeking employment, or any person or legal entity
seeking other material financial benefit from the Village, or any
person or legal entity filing an application for approval by any public
officer, employee or agency for any matter of material financial benefit
to such person or legal entity for a period commencing 12 months prior
to the filing and ending 12 months after the application has been
withdrawn or decided.
The governing board of a municipality and any municipal administrative
board (e.g., planning board, zoning board of appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
This Code of Ethics.
A direct or indirect 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 private organization when he or she, his
or her spouse, or a member of his or her household, is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
The Village of Harriman. The word "municipal" refers to the
municipality.
A paid or unpaid officer or employee of the Village of Harriman,
including, but not limited to, the members of any municipal board.
A spouse, parent, stepparent, sibling, stepsibling, sibling's
spouse, child, stepchild, uncle, aunt, nephew, niece, first cousin,
or household member of a municipal officer or employee, and individuals
having any of these relationships to the spouse of the officer or
employee.
This Code of Ethics applies to the officers and employees of
the Village of Harriman and shall supersede any prior municipal Code
of Ethics. The provisions of this Code of Ethics shall apply in addition
to all applicable state and local laws relating to conflicts of interest
and ethics, including, but not limited to, Article 18 of the General
Municipal Law and all rules, regulations, policies and procedures
of the Village of Harriman.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any private organization
in which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before
a municipal officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
relative, or any private organization in which he or she is deemed
to have an interest, the municipal officer or employee shall disclose
in writing the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the municipal officer or employee, or when the
municipal officer or employee first acquires knowledge of the interest
requiring disclosure, whichever is earlier.
C.
In the case of a person serving in an elective office, the disclosure
shall be filed with the governing board of the municipality. In all
other cases, the disclosure shall be filed with the person's
supervisor or, if the person does not have a supervisor, the disclosure
shall be filed with the municipal officer, employee or board having
the power to appoint to the person's position. In addition, in
the case of a person serving on a municipal board, a copy of the disclosure
shall be filed with the board. Any disclosure made to a board shall
be made publicly at a meeting of the board and must be included in
the minutes of the meeting.
A.
No municipal officer or employee may participate in any decision
or take any official action with respect to any matter requiring the
exercise of discretion, including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board; or
(2)
If the power or duty is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer does not have a deputy, the power or duty
shall be performed by another person to whom the officer may lawfully
delegate the function.
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position (§ 15-4), disclosure requirements (§ 15-5), and requirements relating to recusal and abstention (§ 15-6) shall not apply with respect to the following matters:
A.
No municipal officer or employee may acquire the following investments:
B.
This section does not prohibit a municipal officer or employee from
acquiring any other investments or the following assets:
(1)
Real property located within the municipality and used as his or
her personal residence;
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the municipality and acquired more than
one year after the date on which the bonds or notes were originally
issued.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A.
Can be reasonably expected to require more than sporadic recusal and abstention pursuant to § 15-6 of this code;
B.
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C.
Violates § 805-a(1)(c) or (d) of the General Municipal
Law; or
D.
Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
A.
No municipal officer or employee may ask for, pursue or accept a
private post-government employment opportunity with any person or
organization that has a matter requiring the exercise of discretion
pending before the municipal officer or employee, either individually
or as a member of a board, while the matter is pending or within the
30 days following final disposition of the matter.
B.
No municipal officer or employee, for the two-year period after serving
as a municipal officer or employee, may represent or render services
to a private person or organization in connection with any matter
involving the exercise of discretion before the municipal office,
board, department or comparable organizational unit for which he or
she serves.
C.
No municipal officer or employee, at any time after serving as a
municipal officer or employee, may represent or render services to
a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A.
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel,
and the municipality's money, vehicles, equipment, materials,
supplies or other property.
B.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by § 803 of the General Municipal Law.
Except as otherwise required by law:
A.
No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the municipality or a municipal board.
B.
No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
A.
No municipal officer or employee shall directly or indirectly compel
or induce a subordinate municipal officer or employee to make, or
promise to make, any political contribution, whether by gift of money,
service or other thing of value.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any municipal officer or employee, or an applicant for a position
as a municipal officer or employee, on the basis of the giving or
withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
No 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 by law or in the course of exercising or performing
his or her official powers and duties.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a(1)(a) of the General Municipal
Law as interpreted in this section.
B.
No municipal officer or employee may directly or indirectly solicit
any gift.
C.
No municipal officer or employee may accept or receive any gift,
or multiple gifts from the same donor, having an annual aggregate
value of $75 or more when:
(1)
The gift reasonably appears to be intended to influence the officer
or employee in the exercise or performance of his or her official
powers or duties;
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3)
The gift is intended as a reward for any official action on the part
of the officer or employee.
D.
For purposes of this section, a gift includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail
cost of the item or a comparable item. The fair market value of a
ticket entitling the holder to food, refreshments, entertainment,
or any other benefit is the face value of the ticket, or the actual
cost to the donor, whichever is greater. Determination of whether
multiple gifts from a single donor exceed $75 must be made by adding
together the value of all gifts received from the donor by an officer
or employee during the twelve-month period preceding the receipt of
the most recent gift.
E.
Gift intended to influence or reward municipal officer or employee.
(1)
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his or her official powers
or duties when the gift is from a private person or organization that
seeks municipal action involving the exercise of discretion by or
with the participation of the officer or employee.
(2)
A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding 12 months.
F.
This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as
a municipal officer or employee, is the primary motivating factor
for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee,
or other service to the community; or
(6)
Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional or educational
conference or program and the meals and refreshments are made available
to all participants.
A.
Unbecoming conduct. Employees shall conduct themselves at all times
during their work hours or in matters relating to or arising out of
their work in such a manner as to reflect most favorably on the employer.
Conduct unbecoming an employee shall include that which brings the
employer into disrepute or reflects discredit upon the employee as
a representative of the employer.
B.
Reporting for work. Employees shall report for work at the time and
place required by assignment or order and shall be physically and
mentally fit to perform their duties. Employees shall not absent themselves
from work without proper authorization and then only in conformance
with the employer's procedures.
C.
Negligence of duty. Employees shall not read, play games, watch television
or movies or otherwise engage in entertainment during their regular
work hours. They shall not engage in any activities or personal business
which would cause them to neglect or be inattentive to their work
assignment.
D.
Fictitious illness or injury reports. Employees shall not feign illness
or injury, falsely reporting themselves ill or injured or otherwise
deceive or attempt to deceive the employer as to the condition of
their health.
F.
Sleeping on duty. Employees shall remain awake during work hours.
If unable to do so, they shall report to their supervisor, who shall
determine the proper course of action.
G.
Leaving work assignment. Employees shall not leave their work assignment
during work hours or other hours of employment, except when authorized
by proper authority. A volunteer fireman or ambulance corps volunteer
may respond to an emergency call.
H.
Alcoholic beverages and drugs in employer installations or vehicles.
Employees shall not store or bring into any employer facility or vehicle
any alcoholic beverages, controlled substances, narcotics or hallucinogens.
I.
Possession and use of drugs. Employees shall not posses or use any
controlled substances, narcotics or hallucinogens, except when prescribed
in the treatment of employees by a physician or dentist. When controlled
substances, narcotics or hallucinogens are prescribed, employees shall
notify their supervisor or, in the case of the supervisors, the Mayor.
K.
Conduct during nonwork hours. Employees, during nonwork hours, shall
refrain from intoxication, obnoxious or offensive behavior which discredits
them or the employer or renders the employee unfit to report for work.
L.
Insubordination. Employees shall promptly obey all lawful orders
of the employer. This will include orders relayed from a supervisor
by an employee of the same or lesser work grade. Employees shall not
engage in any conduct, by words or actions, which is disrespectfully
toward a supervisor or other official of the employer.
M.
Conflicting orders. Employees who are given otherwise proper orders
or assignments which are in conflict with a previous order, rule,
regulation or directive shall respectfully inform the supervisor or
official issuing the order of the conflict. If the supervisor or official
issuing the order does not alter the conflicting order, the order
shall remain. Under these circumstances, the responsibility for the
conflict shall be upon the supervisor or official. Employees shall
obey the conflicting order and shall not be held responsible for disobedience
of the order, rule, regulation or directive previously issued.
N.
Endorsement and referrals. The employee shall not recommend or suggest
in any manner, except in transaction of personal business, the employment
or procurement of a particular product, professional service or commercial
service.
O.
Courtesy. Employees shall be courteous to the public. When in contact
with the public, employees shall be tactful, shall control their tempers
and exercise the utmost patience and discretion and shall not engage
in argumentative discussions even in the face of extreme provocation.
In the performance of their work requirements or in relation to their
work duties, employees shall not use coarse, violent, profane or insolent
language or gestures and shall not express any prejudice concerning
race, religion, politics, national origin, lifestyle or similar personal
characteristics.
P.
Use of the Village equipment and vehicles. Employees shall utilize
Village equipment only for its intended use and purpose, in accordance
with employer procedures and shall not abuse, alter, damage, or lose
employer equipment. All employer equipment shall be maintained in
proper order. Employees shall immediately report any defect or malfunction
of employer vehicles in a careful and prudent manner and shall obey
all employer orders pertaining to such operation. Conviction of any
offense of the Vehicle and Traffic Law or loss or suspension of any
driving license shall be reported to the employer immediately. Vehicles
shall not be utilized for personal use, nor shall the vehicle be taken
outside the Village of Harriman after business hours unless authorized
by the employer.
Q.
Unsatisfactory performance. Employees shall maintain sufficient competency
to perform their work assignments and assume the responsibilities
of their grade or title. Employees shall perform work assignments
in a manner which will maintain the highest standards of efficiency
in carrying out the functions and objectives of the employer. Unsatisfactory
performance may be demonstrated by a lack of knowledge in use of equipment
or means of completing work assignment; an unwillingness or inability
to perform an assigned task; the failure to conform to work standards
established for the employee's grade or position; or absence
without leave. In addition to other indicia of unsatisfactory performance,
the following will be considered prima facie evidence of unsatisfactory
performance: repeated poor evaluations or a written record of repeated
infractions of rules, regulations, directives or orders of the employer.
R.
Vacation time; sick leave; absences. No employee shall take vacation
time without the prior written approval of his or her departmental
supervisor or, in the case of departmental supervisor, without prior
written approval of the Mayor. Any employee who needs sick leave must
notify his or her departmental supervisor or the Mayor, as the case
may be, by telephone on the date of such absence. Any employee who
is absent by reason of illness for more than three consecutive days
shall provide his or her departmental supervisor or the Mayor with
a doctor's excuse or certification of illness.
S.
Crimes. Any employee arrested or convicted of a crime shall immediately
report such arrest or conviction to his supervisor. His supervisor
shall immediately transmit report of the employee's arrest and/or
conviction to the Mayor and the Village Board of Trustees.
Pursuant to § 808 of the General Municipal Law, the
Village of Harriman having determined that the establishment of a
local ethics board would result in an unnecessary expenditure of funds;
therefore all controversies shall be submitted to and heard by the
Orange County Board of Ethics.
A.
The Village Clerk must promptly cause a copy of this code, and a
copy of any amendment to this code, to be posted publicly and conspicuously
in each building under the municipality's control. The code must
be posted within 10 days following the date on which the code takes
effect. An amendment to the code must be posted within 10 days following
the date on which the amendment takes effect.
B.
The Village Clerk must promptly cause a copy of this code, including
any amendments to the code, to be distributed to every person who
is or becomes an officer and employee of the Village of Harriman.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.
This chapter shall supersede the provisions of the Harriman
Village Code as existing immediately prior to the adoption and any
other local law, ordinance or resolution to the extent it is inconsistent
with the same, and to the extent permitted by the New York State Constitution,
the Municipal Home Rule Law or any other applicable statute.
