[HISTORY: Adopted by the Village Board of
the Village of Harrison 2-19-1986 by L.L. No. 2-1986. Amendments noted where
applicable.]
GENERAL REFERENCES
Town Code of Ethics — See Ch. 55.
The proper operation of the village government
requires that its officers and employees be independent, impartial
and responsible to the people of Harrison; that public office not
be used for personal gain; that public officers and employees maintain
the highest standards of morality and discharge faithfully the duties
of their office, regardless of personal consideration; and that the
public has confidence in the integrity of its government and the officers
and employees thereof. In recognition of these goals, there is hereby
established a Code of Ethics for all officers and employees of the
Village of Harrison. In the event of any conflict between the provisions
of this chapter and the provisions of Article 18 of the General Municipal
Law, the latter shall control.
[Amended 6-20-1990 by L.L. No. 2-1990]
When used in this chapter and unless otherwise
expressly stated or unless the context otherwise requires, the following
terms shall have the meanings indicated:
Any claim, account or demand against or agreement with the
Village of Harrison, express or implied, and shall include the designation
of a depository of public funds and the designation of an official
newspaper.
A pecuniary or material benefit accruing to an officer or
employee as the result of a business or professional transaction with
the Village of Harrison. For the purposes of this chapter, an officer
or employee shall be deemed to have an "interest" in the affairs of
his spouse, minor children and 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; and a corporation any stock of which is owned or controlled,
directly or indirectly, by such officer or employee.
Any officer or employee of the Village of Harrison, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed an "officer" or
"employee" solely by reason of being a volunteer fireman or civil
defense volunteer, except a Chief Engineer of Assistant Chief Engineer.
The Village of Harrison, a municipal corporation, and the
geographical environs thereof where the context warrants, and said
corporation shall include any agency, authority, board, bureau, commission,
department, office, entity or other subdivision of local municipal
government and any fire protection district, park, parking, recreation,
sewer, sidewalk, street, water or other improvement district of the
Village of Harrison created by law or having any personnel or governing
body appointed by the Mayor or Village Board. However, the "Village
of Harrison" shall not include the Westchester Joint Water Works,
except any member of the Board of the Westchester Joint Water Works
appointed by the Mayor or Village Board of the Village of Harrison.
[Amended 6-20-1990 by L.L. No. 2-1990]
No officer or employee of the Village of Harrison,
New York, shall:
A.Â
Knowingly have any interest, financial or otherwise,
direct or indirect, or engage in any business or transaction or professional
activity or incur any obligation of any nature which is in conflict
with or might reasonably tend to conflict with the proper discharge
of his duties in the public interest.
B.Â
Act as attorney, director, broker, agent, representative
or employee for any person, firm or corporation interested, directly
or indirectly, in any manner whatsoever, in business or professional
dealings with the village unless full disclosure is made as to such
interest to the Village Board, in writing, and such officer or employee
disqualifies himself from acting in his official capacity in matters
affecting such person, firm or corporation.
C.Â
Accept other employment or engage in any business
transactions or have any interest, directly or indirectly, which conflicts
with the proper discharge of public duties.
[Amended 6-20-1990 by L.L. No. 2-1990]
No officer or employee of the village shall,
directly or indirectly, represent private or public interests before
any department, office or agency of the village nor represent private
interests, directly or indirectly, in any action or proceeding against
the interests of the village or any litigation to which the village
is a party. This shall not, however, preclude any officer or employee
from appearing in the performance of public or civic obligations.
Any member of the Village Board who has a direct
or indirect financial or other private interest in any matter before
the Village Board, or any officer or employee who has a direct or
indirect financial or other private interest in any matter before
the Village Board and who participates in the discussion before, makes
a recommendation to or gives an opinion to the Board on that matter,
shall publicly disclose on the official record of the Village Board
the nature and extent of such interest.
No officer or employee of the Village of Harrison,
whether paid or unpaid, shall accept any valuable gift, whether in
the form of service, loan, thing or promise or any other form, from
any person, firm or corporation which, to his or her knowledge, is
interested, directly or indirectly, in any matter whatsoever, in business
dealings with the Village of Harrison; nor shall any such officer
or employee accept any gift, favor or thing of value that may tend
to influence him or her in the discharge of his or her duties or grant,
in the discharge of his or her duties, any improper favor, service
or thing of value.
An officer or employee of the village shall
abstain from making personal investments in enterprises which he or
she has reason to believe may be directly involved in decisions to
be made by him or her or which will otherwise create conflict between
his or her public duty and his or her private interest and shall refrain
from passing upon any questions in which he or she or any member of
his or her immediate family has an interest which might reasonably
be deemed to create such a conflict.
A.Â
No officer or employee of the Village of Harrison,
whether paid or unpaid, shall accept employment or engage in any business
or professional activity which will require him or her to disclose
confidential information which he or she has gained by reason of his
or her official position or authority.
B.Â
No officer or employee of the village shall disclose
confidential information acquired by him or her in the course of his
or her official duties or use such information to further his or her
personal interests or the private interests of others.
No officer or employee of the Village of Harrison
shall accept other employment which will impair his or her independence
of judgment in the exercise of his or her official duties.
A.Â
No officer or employee of the Village of Harrison
shall use or attempt to use his or her official position to secure
unwarranted privileges or exemptions for himself or herself or others
or grant any special consideration, treatment or advantage to any
citizens beyond that which is available to every other citizen.
B.Â
No officer or employee of the Village of Harrison
shall, by his or her conduct, give reasonable basis for the impression
that any person can unduly influence him or her improperly or enjoy
his or her favor in the performance of his or her official duties
or that he or she is affected by kinship, rank, position or influence
by any party or person.
A.Â
No officer or employee of the Village of Harrison
shall direct or cause any officer or employee of the village to do
or perform any service or work outside of public work or employment
or accept any such service or work, nor shall any officer or employee
of the Village of Harrison offer to perform any such service or work
for such officer or employee.
B.Â
No officer or employee of the Village of Harrison
shall request or permit the use of village-owned vehicles, equipment,
materials or property for personal convenience or profit, except when
such services are available to the public generally or are provided
as village policy for the use of such officer or employee in the conduct
of official business.
C.Â
No officer or employee of the Village of Harrison
shall solicit or be solicited, directly or indirectly, to contribute,
donate, give or grant any moneys or property to any Village of Harrison
political party, political campaign or political office.
D.Â
No officer or employee of the Village of Harrison
shall, while holding such office or so employed, be an officer or
district leader of any political party or an officer of any political
club in the Village of Harrison. Elected officials shall be exempt
from this prohibition.
[Amended 6-20-1990 by L.L. No. 2-1990; 6-15-2017 by L.L. No. 2-2017]
No officer or employee of the Village of Harrison
shall solicit, negotiate for or promise to accept employment by any
person, firm or corporation with which he or she or his or her department,
office or agency is engaged, on behalf of the Village of Harrison,
in the transaction of business which is or may be affected by his
or her official action.
[Added 6-20-1990 by L.L. No. 2-1990[1]]
No person may serve as Mayor, as a member of
the Village Board or as a member of the Board of Ethics and, during
the same time period, also serve as a member of either the Architectural
Review Board, the Planning Board, the Board of Assessment Review or
the Zoning Board of Appeals. Furthermore, no person may serve, during
the same time period, as a member of more than one of the following:
[Added 6-20-1990 by L.L. No. 2-1990]
If a person is a member of the Architectural
Review Board, the Planning Board, the Zoning Board of Appeals or the
Board of Assessment Review and a designating petition is filed pursuant
to Article 6 of the Election Law, designating such person as a candidate
for a position on the Village Board or as Mayor, or he or she is nominated
by a political party to seek election to a position on the Village
Board or as Mayor or any written or verbal notice of his or her candidacy
for such position is published, such filing, nomination or publication
shall be cause for his or her removal from membership on such Board.
The Village Clerk shall cause a copy of Article
18 of the General Municipal Law and this chapter to be distributed
to every officer and employee of the Village of Harrison.
A.Â
Any violation of the provisions of this chapter shall
constitute cause for removal from office or employment or other disciplinary
action as provided by law.
B.Â
Any person who shall knowingly and intentionally violate
any of the foregoing provisions of this chapter shall, upon conviction
thereof, forfeit his office and be punished for and as a misdemeanor.
A.Â
In accordance with § 808 of the General
Municipal Law of the State of New York, there is hereby created and
established a Board of Ethics consisting of five members, one of whom
shall be the Mayor, and the remaining four members shall be appointed
by the Mayor of the Village of Harrison with the consent and approval
of the Village Board of the Village of Harrison.
B.Â
Except for the Mayor, the remaining members shall
not hold any other village office and shall serve without compensation
for terms of five years.
C.Â
The Board of Ethics shall elect a Chairman from among
its members.
D.Â
The attorney representing the municipality shall be
a member ex officio of the Board of Ethics.
The Board of Ethics shall render advisory opinions
of specific situations to officers and employees of the village with
respect to Article 18 of the General Municipal Law and any Code of
Ethics adopted pursuant thereto. Such advisory opinions shall be rendered
pursuant to the written request of any such officer or employee under
such rules and regulations as the Board may deem advisable and shall
have the approval of the Village Board of the Village of Harrison,
New York; and the opinions of the Board shall be confidential, and
in no event shall the identity of the officer or employee be disclosed
except to the Village Board of the Village of Harrison.
The Board of Ethics, upon its formation, shall
promulgate its own rules and regulations as to its form and procedures
and shall, at all times, maintain appropriate records of its opinions
and proceedings.
