This chapter shall be known as the "Code of Ethics of the Village of
Airmont."
It is the purpose of this chapter to provide basic standards of ethical
conduct as a guide for officers, employees and contract professionals of the
Village of Airmont in order to preserve the integrity, independence and impartiality
of such officers, employees and contract professionals and to assure the proper
administration of the government of the Village.
When used in this chapter, and unless otherwise expressly stated, or
unless the context otherwise requires, the following terms shall have the
meanings indicated:
CONTRACT
Any claim, account or demand against or agreement with the Village
of Airmont, expressed or implied, and shall include the designation of a depository
of public funds and the designation of an official newspaper.
INTEREST
A direct or indirect pecuniary or material benefit accruing to a
municipal officer, employee or contract professional as the result of a business
or professional transaction with the Village of Airmont. For the purpose of
this chapter, a municipal officer, employee or contract professional shall
be deemed to have an interest in the affairs of his or her spouse, minor children
and dependents; a firm, partnership or association of which such officer,
employee or contract professional is a member or employee; a corporation of
which such officer, employee or contract professional is an officer, director
or employee; and a corporation, any stock of which is owned or controlled
directly or indirectly by such officer, employee or contract professional.
MUNICIPAL OFFICER, EMPLOYEE OR CONTRACT PROFESSIONAL
A.
An officer, employee or contract professional of the Village of Airmont,
whether paid or unpaid, including members of any administrative board, commission
or agency thereof. No person shall be deemed to be a "municipal officer, employee
or contract professional" solely by reason of being a civil defense volunteer
or volunteer fireman.
B.
"Municipal officer, employee or contract professional" also means any
person nominated by a political party or by independent nominating petition
as a candidate for any elective office in the Village of Airmont.
The provisions of §
25-4 of this chapter shall not apply to:
A. A contract with a person, firm, corporation or association
in which a municipal officer, employee or contract professional has an interest
which is prohibited solely by reason of employment as an officer, employee
or contract professional of the Village, if the remuneration of such employment
will not be directly affected as a result of such contract and the duties
of such employment involve the procurement, preparation or performance of
any part of such contract.
B. The purchase by the Village of real property or any interest
therein, provided the purchase and the consideration therefor is approved
by order of the Supreme Court upon petition of the Board of Trustees of the
Village.
C. The acquisition of real property or an interest therein
through condemnation proceedings according to law.
D. A contract with a membership corporation or other voluntary
nonprofit corporation or association.
E. A contract in which an officer, employee or contract
professional has an interest if such contract was entered into prior to the
time he was nominated, elected or appointed as such officer, employee or contract
professional, but this shall in no event authorize a renewal of any such contract.
F. A contract with a corporation in which an officer, employee
or contract professional has an interest by reason of stockholdings when less
than 5% of the outstanding stock of the corporation is owned or controlled
directly or indirectly by such officer, employee or contract professional.
G. A contract for the furnishing of public utility services
when the rates or charges therefor are fixed or regulated by the Public Service
Commission.
H. A contract for the payment of a portion of the compensation
of a private employee of an officer when such employee performs part-time
service in the official duties of the office.
I. The timely filing by a present or former officer, employee
or contract professional of any claim, act, demand or suit against the Village
or any board, commission or agency thereof on behalf of himself or any member
of his family arising out of any personal injury or property damage or any
lawful benefit authorized or permitted by law.
Any question of conflict of interest or other matter concerning the
standards of conduct of any Village officer, employee or contract professional
shall be referred to the Board of Ethics of the County of Rockland unless
the Board of Trustees of the Village of Airmont, by resolution, hereafter
creates a Board of Ethics for the Village of Airmont.
The Village Clerk of the Village of Airmont shall file a copy of this
Code of Ethics in the office of the Comptroller of the State of New York within
30 days after the adoption of this chapter.
Any contracts willfully entered into by or with the Village of Airmont
in which there is an interest prohibited by this chapter shall be null, void,
and wholly unenforceable.
In addition to any penalty contained in any other provision of law,
any person who shall willfully and knowingly violate any of the provisions
of this chapter may be fined, suspended or removed from office or employment,
as the case may be, in such form and manner provided by the Civil Service
Law, the Public Officers Law or any other applicable law, rule or regulation.