As a municipal officer or employee, your job by its very nature
places you in a position of public trust and endows you with the responsibility
of ensuring public resources are used in the best interests of the
public. You also have a duty to use the limited public resources available
to you as effectively and efficiently as possible. When serving in
your public capacity, the interests of your municipality must come
before your own. In fact and appearance, your actions and interests
must be above reproach.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
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.
CODE
This code of ethics.
INTEREST
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of 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.
MUNICIPALITY
The Village of Saugerties. The word "municipal" refers to
the municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Village of Saugerties,
including, but not limited to, the members of any municipal board.
RELATIVE
A spouse, parent, stepparent, sibling, step-sibling, 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 Saugerties, 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 New York State General Municipal Law and all rules, regulations,
policies, and procedures of the Village of Saugerties.
No municipal officer or employee shall use his or her municipal
position of 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.
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 §
11-6 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, Subdivision 1c or d, of the New York
State 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.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A. Representing himself or herself, or his or her spouse or minor children
before the municipality; or
B. Asserting a claim against the municipality on his or her own behalf,
or on behalf of his or her spouse or minor children.
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.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his/her official powers
or duties may disclose or use such information, or use such information
to further his or her personal interests, unless the disclosure or
use is required by law or in the course of exercising or performing
his or her official powers and duties.
Municipal officials must attend periodic training, scheduled
by the Village Board of Trustees, concerning the requirements of the
Code of Ethics and the procedure for seeking an opinion or investigation
by the Board of Ethics. Training may also be received at the annual
NYCOM meeting. The Village Board may approve alternative training.
A member of a board or commission who is appointed by the Village
Board of Trustees and serves without remuneration may submit a bid
to propose to perform paid work for the Village, provided that the
procurement policy of the Village is followed, and the job is unrelated
to the employee's duties as a board or committee member.
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 code shall take effect when filed with the Secretary of
State's office.