Officers and employees of the Village of Mount Kisco 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 of Mount Kisco 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.
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.
CONFLICT OF INTEREST
A limitation on the holding of a municipal office when the
holder of the office has certain other private interests affecting
the municipality.
INTEREST
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, or officer, or directly or indirectly owns or controls
more than 5% of the organization's outstanding stock.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Village of Mount
Kisco, including, but not limited to, the members of any municipal
board. This term also means unpaid members of any administrative board,
commission or committee. No person will 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.
MUNICIPALITY
Village of Mount Kisco. The word "municipal" refers to the
municipality.
RELATIVE
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.
Certain contracts are exempt as conflicts of interest under
Article 18 of the General Municipal Law. Such exemptions include,
but are not limited to:
A. Contracts
of less than $750 in value per fiscal year.
B. Contracts
which were in existence prior to election or employment.
This Code of Ethics applies to the officers and employees of
the Village of Mount Kisco as defined herein 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, the Constitution of the State
of New York, and all rules, regulations, policies and procedures of
the Village of Mount Kisco.
No municipal officer or employee shall directly or indirectly
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. Financial or material benefit does not include a payment,
benefit or opportunity that is customarily and legally provided to
residents, taxpayers and the general public in the ordinary course
of municipal operations.
During his or her tenure as a municipal officer or employee,
a municipal officer or employee should not engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when that employment:
A. Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
B. Violates General Municipal Law § 805-a(1)(c) or (d); or
C. 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 section does not prohibit a municipal officer or employee
from:
A. Representing him- or herself, or his or her spouse or minor children,
before the Village of Mount Kisco, or any officer, administrative
board, commission or other agency of the Village of Mount Kisco, in
connection with any personal matter that does not arise from or involve
a business, commercial or professional activity; or
B. Asserting a claim against the Village of Mount Kisco on his or her
own behalf, or on behalf of his or her spouse or minor children, in
connection with any personal matter that does not arise from or involve
a business, commercial or professional activity.
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. For purposes of this section,
"confidential" shall mean any information which is prohibited from
disclosure by law or privilege; information which is of a personal
or financial nature concerning any municipal officer or employee;
and any information which, if disclosed, will compromise the interests
of the Village of Mount Kisco.
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 takes effect upon its filing with the Department of
State.