[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 11-16-1970 by resolution. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Fishkill 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 Fishkill. 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:
A pecuniary or material benefit accruing to a municipal officer or
employee unless the context otherwise requires.
An officer or employee of the Village of Fishkill, 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 chief engineer or assistant chief engineer.
Every officer or employee of the Village of Fishkill shall be subject
to and abide by the following standards of conduct:
A.
Gifts. He shall not, directly or indirectly, solicit
any gift or accept or receive any gift having a value of $25 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.
B.
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.
C.
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 before any municipal
agency over which he has jurisdiction or to which he has the power to appoint
any member, officer or employee.
D.
Representation before any agency for a contingent fee.
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 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.
E.
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 Fishkill, 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.
F.
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.
G.
Private employment. He shall not engage in, solicit,
negotiate for or promise to accept private employment or render services for
private interest when such employment or service creates a conflict with or
impairs the proper discharge of his official duties.
H.
He shall not, after the termination of service or employment
with such municipality, appear before any board or agency of the Village of
Fishkill 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.
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 Fishkill or any agency thereof on behalf of
himself or any member of his family arising out of any personal injury or
property damage or for any lawful benefit authorized by law.
[Amended 12-12-1983]
The Mayor of the Village of Fishkill shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Village within
20 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. 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 of
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 code may be fined, suspended or removed from office or employment,
as the case may be, in the manner provided by law.
A.
For the purpose of carrying out the provisions and intent
of the Code of Ethics of the Village of Fishkill, New York, there is hereby
established a Board of Ethics consisting of five members to be appointed by
the Board of Trustees and who shall serve without compensation and at the
pleasure of the Board of Trustees. A majority of such members shall be persons
other than officers or employees of the Village of Fishkill but, shall include
at least one member who is an elected or appointed officer or employee of
the Village of Fishkill.
B.
This Board of Ethics shall have the powers and duties
prescribed by 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 upon
request of the Board of Trustees.
[Added 8-14-2006 by L.L. No. 6-2006]
A.
No employee of the Village of Fishkill, in a paid position, shall
be supervised on the job by an immediate family member.
B.
Supervisory positions shall include, but not be limited to, Village
Clerk, Village Treasurer, Village Justice, Superintendent of Water and Sewer,
Superintendent of Public Works, Police Chief, Police Lieutenant, Police Sergeant,
Chairman of the Planning Board and Chairman of the Zoning Board of Appeals.
C.
Immediate family members shall include mother,
father, son, daughter, sister, brother, husband, wife or any in-law.
