Pursuant to the provisions of § 806 of the General
Municipal Law, the Village Board of the Village of Tivoli 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 Tivoli. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Tivoli. 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 Village employee or officer as the result of a contract with
the Village. For the purposes of this chapter, a Village employee
shall be deemed to have an interest in the contract of:
A.
Their spouse, minor children and dependents, except a contract
of employment with the Village of Tivoli.
B.
A firm, partnership or association of which such Village employee
or officer is a member or employee.
C.
A corporation of which such Village employee or officer is an
officer, director or employee.
D.
A corporation, any stock of which is owned or controlled directly
or indirectly by such Village employee or officer.
MUNICIPAL OFFICERS AND/OR EMPLOYEES
An officer or employee of the Village of Tivoli, 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 or civil
defense volunteer, except a Fire Chief or an Assistant Fire Chief.
Every officer or employee of the Village of Tivoli shall be
subject to and abide by the following standards of conduct:
A. Gifts. They shall not, directly or indirectly, solicit any gifts
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 them, or could reasonably
be expected to influence them, in the performance of their official
duties or was intended as a reward for any official action on their
part.
B. Confidential information. They shall not disclose confidential information
acquired by them in the course of their official duties or use such
information to further their personal interest.
C. Representation before municipal agency. They 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 their municipality whereby their 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.
D. Representation before one's own agency. They 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 they are an officer, member or employee or of any
municipal agency over which they have jurisdiction to which they have
the power to appoint any member, officer, or employee.
E. Disclosure of interest in legislation. To the extent that they know
thereof, a member of the Village Board and any officer or employee
of the Village of Tivoli, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Village Board on
any legislation before it shall publicly disclose on the official
record the nature and extent of any direct or indirect financial or
other private interests they have in such legislation.
F. Investments in conflict with official duties. They shall not invest
or hold any investment directly or indirectly in any financial, business,
commercial or other private transaction which creates a conflict with
their official duties.
G. Private employment. They 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 their official duties.
H. Future employment. They shall not, after termination of service or
employment with such municipality, appear before any board or agency
of the Village of Tivoli in relation to any case, proceeding or application
in which they personally participated during the period of their service
or employment or which was under their 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 of Tivoli or any
agency thereof on behalf of themselves or any member of the family
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
The Mayor of the Village of Tivoli shall cause a copy of this
chapter to be distributed to every officer and employee of the Village
of Tivoli within 10 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 their 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 chapter may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.