[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 7-6-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
Defense and indemnification of employees — See Ch. 17.
Editor's Note: This local law also repealed L.L. No. 2-1967, as amended.
Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Village of East Rockaway, New York, hereby adopts a Code of Ethics setting forth for the guidance of its public officers and employees the standards of conduct reasonably expected of them so that public confidence is to be maintained in our unit of local government. 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, Article 7 of the Civil Service 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:
- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purpose of this chapter, a municipal officer or employee shall be deemed to have an interest in the contract of:
His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves;
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; and
A corporation any stock of which is owned or controlled directly or indirectly by such officer or employee.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Incorporated Village of East Rockaway, 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 fireman or civil defense volunteer, except a fire chief or assistant fire chief.
Every officer or employee of the Incorporated Village of East Rockaway shall be subject to and abide by the following standards of conduct:
Gifts. He shall not, directly or indirectly, solicit or accept any gift 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 him, or could reasonably be expected to influence him in the performance of his official duties or was intended as a reward for any official action on his part.
Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.
Representation before one's own agency. He 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 he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement for, express or implied, compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his 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.
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village of East Rockaway, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.
Investments in conflict with official duties. He shall not invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction which creates a conflict with his official duties.
Private employment. He 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 his official duties.
Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village of East Rockaway in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.
No officer or employee of the Village of East Rockaway shall, directly or indirectly, use his authority or official influence to compel or induce any other officer or employee of the Village to pay or promise to pay any political assessment, subscription or contribution.
Every officer or employee who may have charge or control in any building, office or room occupied for any governmental purpose is hereby authorized to prohibit the entry of any person, and he shall not knowingly permit any person to enter the same for the purpose of making, collecting, receiving or giving notice therein, of any political assessment, subscription or contribution; and no person shall enter or remain in any such office, building or room, or send or direct any letter or other writing thereto, for the purpose of giving notice of, demanding or collecting a political assessment; nor shall any person therein give notice of, demand, collect or receive any such assessment, subscription or contribution.
No person shall prepare or take any part in preparing any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected of any officer or employee subject to the provisions of this chapter, and no person shall knowingly send or present any political assessment, subscription or contribution to or request its payment of any said officer or employee.
There is hereby created and established a Board of Ethics consisting of five members to be appointed by the Board of Trustees, all of whom shall reside in the Village of East Rockaway and who shall serve without compensation. Of the members first appointed to the Board, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years from and after his appointment. Their successors shall each be appointed for a term of five years from and after the expiration of the terms of their predecessors in office. The members of the Board shall elect a Chairman at their first meeting and at the first meeting each year thereafter.
The Board shall, within 30 days after request, unless waived by the requesting party, render advisory opinions in writing with respect to this code only pursuant to a written request by either: (1) an officer or employee involved in a transaction by or with the Village; or (2) the Mayor or a Trustee. If a matter shall come to the attention of the Board of Ethics, which such Board shall deem the property subject of an advisory opinion, the Board may call such matter to the attention of the officers or employees involved in writing and, if none of such officers or employees shall request a written opinion of the Board of Ethics within 10 days after notification by the Board of Ethics, the Board may notify the Board of Trustees in writing of its advice to the officers or request such opinion, with a view toward the request for an advisory opinion by any member of the Board of Trustees. All communications of the Board of Ethics, pursuant to the provisions of the preceding sentence, shall remain confidential and shall not be disclosed to any person other than the officers or employees involved, members of the Board of Trustees, the Village Clerk and the Village Attorney (who shall not further disclose same), unless a request for a written opinion shall have been made by an officer, employee or member of the Board of Trustees within 10 days after the Board has called such matter to the attention of the last of the foregoing persons, in which event the Board of Ethics may disclose the information in its possession to such law enforcement officers as it may deem advisable. The opinion of the Board shall be advisory and confidential and in no event shall the identity of the officer or employee be disclosed except to authorized persons or agencies, unless the applicant waives the confidential and privileged nature of such opinion in writing.
Such Board, upon its information, shall promulgate its own rules and regulations as to its opinions and proceedings.
The Board shall perform all of the duties and have all of the rights and powers of a Board of Ethics under Article 18 of the General Municipal Law.
The Mayor of the Village of East Rockaway shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Incorporated Village of East Rockaway within thirty (30) 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 his 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 chapter may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.