[HISTORY: Adopted by the Board of Trustees of the Village of South Nyack 3-25-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Incorporated Village of South Nyack, Rockland County, New York, hereinafter referred to as "the Village," 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. These rules shall serve as a guide for official conduct of the officers and employees of the Village. 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:
- A pecuniary or material benefit accruing to a Village officer or employee and/or to the Village officer's or employee's spouse, minor children and dependents; a firm, partnership or association of which such officer or employee is a member or employee; a corporation of which such officer or employee is an officer, director or employee; and a corporation, any stock of which is accrued or controlled directly or indirectly by such officer or employee.
- VILLAGE OFFICER OR EMPLOYEE
- The Mayor and each Trustee and any other officer or employee
of the Village of South Nyack, whether paid or unpaid, including members
of any administrative board, commission or other agency thereof. No
person shall be deemed to be a Village officer or employee solely
by reason of being a volunteer fireman or civil-defense volunteer,
except a fire chief or assistant fire chief.[Amended 6-25-2019 by L.L. No. 3-2019]
Every officer or employee of the Village of South Nyack shall be subject to and abide by the following standards of conduct:
Gifts. He shall not, directly or indirectly, solicit any gift; or accept or receive any gift for a value of $75 on an annual basis, 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.
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.
Representation before boards and agencies.
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 on behalf of any person or entity other than the Village of South Nyack in relation to any matter before any Village of South Nyack board or agency of which he is an officer, member or employee, or of any Village agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
Sitting board members; representation before any other agency. While serving as a member or alternate member of any Village of South Nyack board or agency, he shall not appear before any other Village of South Nyack board or agency on behalf of any person or entity other than the Village of South Nyack in relation to any matter.
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 Village of South Nyack board, agency or Village officer or employee, 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 fees based upon the reasonable value of the services rendered.
Disclosure of interest in legislation. To the extent that he knows thereof, every Village officer and employee who participates in any matter before any Village of South Nyack board, agency or Village officer or employee 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 matter.
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.
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.
Future employment. He shall not, after the termination of service or employment with the Village of South Nyack, appear before any board, agency or Village officer or employee of the Village of South Nyack 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. This prohibition shall apply for a period of two years after a Village officer or employee terminates service or employment with the Village.
No private entity shall name any structure or facility which requires the approval of any Village of South Nyack board or agency after a sitting member of such Village of South Nyack board or agency. This prohibition shall not apply to a former member of such Village of South Nyack board or agency who has left Village service for over six months.
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former Village officer or employee of any claim, account, demand or suit against the Village of South Nyack, or any board, agency or officer or employee 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 6-25-2019 by L.L. No. 3-2019]
The Mayor of the Village of South Nyack shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village of South Nyack 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 Village officer or employee to receive such copy shall have no effect on the duty of compliance with such code, nor the enforcement of 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.