Officers and employees of the Village of Kinderhook 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 Board of Trustees 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.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Village Board of Trustees and any Village administrative
board (e.g., Planning Board, Zoning Board of Appeals), commission,
or other agency or body comprised of two or more Village officers
or employees.
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
Village or an area of the Village, or a lawful class of such residents
or taxpayers. A Village officer or employee is deemed to have an interest
in any private organization when the employee or the employee's spouse,
or a member of the employee's 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 Kinderhook. The word "municipal" refers to
the Village.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Village of Kinderhook,
including, but not limited to, the members of any Village board.
RELATIVE
A spouse, parent, stepparent, sibling, stepsibling, sibling's
spouse, child, stepchild, uncle, aunt, nephew, niece, first cousin,
or household member of a Village officer or employee, and individuals
having any of these relationships to the spouse of the officer or
employee.
This chapter applies to the officers and employees of the Village,
and shall supersede any prior Village code of ethics. The provisions
of this chapter 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 and all
rules, regulations, policies and procedures of the Village.
No Village officer or employee shall use their municipal position
or official powers and duties to secure a financial or material benefit
for the employee, a relative, or any private organization in which
the employee is deemed to have an interest.
No Village officer or employee, during the officer's or employee's
tenure as a Village 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 §
12-6 of this chapter;
B. Can be reasonably
expected to require disclosure or use of confidential information
gained by reason of serving as a Village officer or employee;
C. Violates
§ 805-a(1)(c) or (d) of the General Municipal Law; or
D. Requires
representation of a person or organization other than the Village
in connection with litigation, negotiations or any other matter to
which the Village is a party.
This chapter shall not be construed as prohibiting a Village
officer or employee from:
A. Representing
the officer or employee, or the officer's or employee's spouse or
minor children before the Village; or
B. Asserting
a claim against the Village on the officer's or employee's own behalf,
or on behalf of the officer's or employee's spouse or minor children.
Except as otherwise required by law:
A. No Village
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 Village or a Village board.
B. No Village
officer or employee may supervise a relative in the performance of
the relative's official powers or duties.
No Village officer or employee who acquires confidential information
in the course of exercising or performing the officer's or employee's
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 the officer's or employee's official powers and duties.