[HISTORY: Adopted by the Board of Trustees
of the Village of Scarsdale as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 72.
[Adopted 10-27-1970 by resolution; amended in its entirety 9-24-2019 by L.L. No. 5-2019]
Pursuant of the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of Scarsdale establishes
these rules of ethical conduct for public officers and employees as
a guide to assist in continuation of good conduct on their part and
to promote public confidence in the government of the Village. The
rules are in addition to any provision 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 article, the following terms shall have the
meanings indicated:
A pecuniary or material benefit accruing to a municipal officer
or employee or to the municipal officer's or employee's spouse, minor
children or 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;
or a corporation of which more than 5% of any class of stock is controlled
directly or indirectly by such officer or employee.
An officer or employee of the Village of Scarsdale, whether
paid or unpaid, and, if either full-time or part-time, who receives
a salary, retainer or other compensation. These terms include members
of the Village Board and any other board, commission or committee
appointed by the Mayor or Board of Trustees. Independent contractors
who are requested to do work for the Village from time to time under
separate agreements or contracts for each project, volunteer firemen,
special police and civil defense volunteers are not included.
No officer or employee of the Village of Scarsdale shall:
A.
Directly
or indirectly solicit, accept or receive any gift, whether in the
form of money, services, loan, travel, entertainment, hospitality,
thing or promise or any other form, under circumstances from which
it reasonably could be inferred that the gift was intended to influence,
or reasonably could be expected to influence, such officer or employee
in the performance of official duties or was intended as a reward
or gratuity for any official action.
B.
Disclose
confidential information acquired in the course of official duties
nor use such information to further personal interest.
C.
Render
services to any person, firm, partnership, association or corporation,
whether for compensation or not for compensation, relating to any
matter before any department, board or commission or committee of
the Village, except as a part of official responsibilities to that
department, board, commission or committee or as a function of the
official position of the officer or employee.
D.
Fail
to disclose publicly on the official record the nature and extent
of any direct or indirect financial or other private interest the
officer or employee has in any matter which he or she officially discusses
or on which he or she gives an official opinion before any board,
commission or committee of the Village.
E.
Have
an interest, directly or indirectly, in any financial, business, commercial
or other private transaction or investment which creates a conflict
with the official duties of the officer or employee.
F.
Engage
in, solicit, negotiate for or promise to accept private employment
or render services for private interests that may create a conflict
with or impair the proper discharge of official duties.
G.
After
the termination of service or employment with this municipality, be
permitted to appear before any department, board, commission or agency
of the Village of Scarsdale in relation to any case, proceeding or
application in which the officer or employee personally participated
during the period of his or her service of employment.
A.
The following officers and employees of the Village of Scarsdale
are required to file a signed annual disclosure form:
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Chairs and nembers of the:
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Planning Board
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Board of Appeals
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Board of Architectural Review
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Board of Assessment Review
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Committee for Historic Preservation
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All elected officials
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Village Manager
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Village Attorney
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Village Treasurer
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Assistant Village Managers
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Director of Human Resources
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Director of Public Works
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Village Assessor
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Building Inspector
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Village Engineer
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Water Superintendent
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Village Planner
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Superintendent of Parks and Recreation
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Director of Information Technology
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Village Clerk
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Chief of Police
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Fire Chief
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Library Director
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C.
In the event of a change in information contained in the annual disclosure
form, an official or employee must file a signed amendment to the
form within 30 days of such change in information, indicating said
change.
D.
Any person who fails to timely file an annual disclosure form may
be suspended or removed from office or employment, as the case may
be, in the manner prescribed by law.
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 Scarsdale or
any board, commission or agency thereof on behalf of himself or herself
or any member of his or her family, arising out of any personal injury
or property damage or for any lawful benefit authorized or permitted
by law.
The Mayor shall cause a copy of this revised Code of Ethics
to be distributed to every officer and employee of the Village of
Scarsdale within 30 days after adoption of this article. Each officer
and employee elected or appointed thereafter shall be furnished a
copy before entering upon the duties of his or her office or employment.
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 article may be suspended or removed from
office or employment, as the case may be, in the manner provided by
law.
[Adopted 10-27-1970 by resolution; amended in its entirety 11-14-1978 by resolution]
There is hereby established a Board of Ethics
of the Village of Scarsdale consisting of five to seven members to
be appointed by the Board of Trustees, who shall serve without compensation
and at the pleasure of the Board of Trustees. A majority of such members
shall be persons who are not officers or employees of the Village
of Scarsdale but shall include at least one member who is an elected
or appointed officer or employee of the village.
As used in this article, the following terms
shall have the meanings indicated:
An officer or employee of the Village of Scarsdale, whether
paid or unpaid, and, if paid, including all persons working for the
village on a regular basis, either full-time or part-time, who receives
a salary, retainer or other compensation, but shall not include independent
contractors who are requested to do work for the village from time
to time under separate agreements or contracts for each project. The
terms "officer" and "employee" shall also include members of any board,
commission or committee appointed by the Mayor or Board of Trustees,
which board, commission or committee shall have authority to make
decisions which are final or binding as distinguished from advisory.
No person shall be deemed to be a municipal "officer" or "employee"
solely by reason of being a volunteer fireman, special policeman or
civil defense volunteer except a chief engineer or assistant chief
engineer.
[Amended 3-14-1989 by L.L. No. 6-1989]
The Board of Ethics shall have the powers and
duties prescribed by Article 18 of the General Municipal Law and shall
render advisory opinions to the officers and employees of the Village
of Scarsdale with respect to Article 18 of the General Municipal Law
and any code of ethics adopted pursuant to such article, under such
rules and regulations as the Board may prescribe. In addition, the
Board may make recommendations with respect to the drafting and adoption
of a code of ethics or amendments thereto[1] upon request of the Board of Trustees.
The Board of Trustees may from time to time
appropriate moneys for maintenance and personal services in connection
with the Board of Ethics.
