[HISTORY: Adopted by the Board of Trustees of the Village
of Chatham 9-24-1970 by L.L. No. 3-1970. Amendments noted where applicable.]
The Board of Trustees of the Village of Chatham recognizes that
there are state statutory provisions mandating villages to establish
rules and standards of ethical conduct for public officers and employees
which, if observed, can enhance public confidence in local government.
In the light of a tendency today on the part of some people to downgrade
our local governments and to discredit our public servants and our
free institutions generally, it appears necessary that every effort
be made to assure the highest caliber of public administration of
this village as part of our state's important system of local
government. It is the purpose of this chapter to implement this objective
through the establishment of standards of conduct, to provide for
the punishment of violations of such standards and to create a Board
of Ethics to render advisory opinions to the officers and employees
of the village as provided for herein.
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflicts of interest provisions
or procedures prescribed by statutes of the State of New York and
also in addition to common law rules and judicial decisions relating
to the conduct of village officers to the extent that the same are
more severe in their application than this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any board, commission, district, council or other agency,
department or unit of the government of the Village of Chatham.
Any officer or employee of the Village of Chatham, whether
paid or unpaid, whether serving in a full-time, part-time or advisory
capacity.
No village employee shall have any interest, financial or otherwise,
direct or indirect, or engage in any business or transaction or professional
activity or incur any obligation of any nature which is in substantial
conflict with the proper discharge of his duties in the public interest.
A.
No village employee shall accept other employment which will impair
his independence of judgment in the exercise of his official duties.
B.
No village employee shall accept employment or engage in any business
or professional activity which will require him to disclose confidential
information which he has gained by reason of his official position
or authority.
C.
No village employee shall use or attempt to use his official position
to secure unwarranted privileges or exemptions for himself or others.
D.
No village employee shall engage in any transaction as representative
or agent of the village with any business entity in which he has a
direct or indirect financial interest that might reasonably tend to
conflict with the proper discharge of his official duties.
E.
A village employee shall not by his conduct give reasonable basis
for the impression that any person can improperly influence him or
unduly enjoy his favor in the performance of his official duties or
that he is affected by the kinship, rank, position or influence of
any party or person.
F.
Each village employee shall abstain from making personal investments
in enterprises which he has reason to believe may be directly involved
in decisions to be made by him or which will otherwise create substantial
conflict between his duty in the public interest and his private interest.
G.
Each village employee shall endeavor to pursue a course of conduct
which will not raise suspicion among the public that he is likely
to be engaged in acts that are in violation of his trust.
H.
No village employee employed on a full-time basis nor any firm or
association of which such employee is a member nor corporation a substantial
portion of the stock of which is owned or controlled directly or indirectly
by such employee shall sell goods or services to any person, firm,
corporation or association which is licensed or whose rates are fixed
by the village in which such employee serves or is employed.
I.
Each village employee shall, to the extent that he is cognizant thereof,
disclose any interest he may have in legislation before the Board
of Trustees.
J.
No village employee within two years after the termination of his
service or employment with the village shall accept employment which
will involve contacts with the village which can work to his special
advantage by virtue of his prior contact and relationship with the
village.
In addition to any penalty contained in any other provision
of law, any such village employee who shall knowingly and intentionally
violate any of the provisions of this chapter may be fined, suspended
or removed from office or employment in the manner provided by law.
There is hereby established a Board of Ethics consisting of
at least three members to be appointed by the Board of Trustees, all
of whom reside in the Village of Chatham and who shall serve without
compensation and at the pleasure of the Board of Trustees of the Village
of Chatham. A majority of such members shall be persons other than
village employees but shall include at least one member who is an
elected or appointed village employee of the Village of Chatham.
The Board of Ethics established hereunder shall render advisory
opinions to village employees on written request and, upon request
of the Board of Trustees, make recommendations to such Board of Trustees
as to any amendments of this chapter. The opinions of the Board of
Ethics shall be advisory and confidential, and in no event shall the
identity of the village employee be disclosed except to authorized
persons and agencies. Such opinions shall be on the advice of counsel
employed by the Board of Ethics or, if none, of the Village Attorney.
Such Board of Ethics upon its formation shall promulgate its
own rules and regulations as to its form and procedures and shall
maintain appropriate records of its opinions and proceedings.
Upon the adoption of this chapter, the Mayor shall cause a copy
thereof to be distributed to every village employee of this village.
Failure to distribute any such copy or failure of any village employee
to receive such copy shall have no effect on the duty of compliance
with this code nor the enforcement of provisions hereof. The Mayor
shall further cause a copy of this chapter to be kept posted conspicuously
in each public building under the jurisdiction of the village. Failure
to so post this chapter shall have no effect on the duty of compliance
herewith nor the enforcement provisions hereof.
Within 30 days of the adoption of this chapter, the Village
Clerk shall file a copy thereof in the office of the State Comptroller.
The Board of Trustees may appropriate moneys from the general
village funds for the maintenance of and for personnel services to
the Board of Ethics established hereunder, but such Board of Ethics
may not commit the expenditure of village moneys except within the
appropriations provided herein.
