Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of Castleton-on-Hudson
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 chapter to
promulgate these rules of ethical conduct for the officers and employees
of the Village of Castleton-on-Hudson. These rules shall serve as
a guide for official conduct of the officers and employees of the
Village of Castleton-on-Hudson. 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 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 10-27-1997 by L.L. No. 6-1997]
A.
The 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.
D.
A corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Castleton-on-Hudson,
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 10-27-1997 by L.L. No. 6-1997]
VILLAGE
The Incorporated Village of Castleton-on-Hudson.
Every officer or employee of the Village 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.
[Amended 10-27-1997 by L.L. No. 6-1997]
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 as 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, 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 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, 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 10-27-1997 by L.L. No. 6-1997]
The Mayor of the Village 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, nor the enforcement 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 code may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.