[HISTORY: Adopted by the Board of Trustees of the Village of East
Hampton 7-31-2002 by L.L. No. 16-2002
(Ch. 21A of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 35.
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of East Hampton 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 East Hampton, and to establish
a Board of Ethics to render advisory opinions on the Code of Ethics pursuant
to the written request of any officer or employee and to make recommendations
with respect to any amendments to the Code of Ethics. These rules shall serve
as a guide for official conduct of the officers and employees of the Village
of East Hampton. 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 direct or indirect pecuniary or material benefit accruing to a
municipal officer or employee as the result of a contract with the Village
of East Hampton. For the purposes of this chapter a municipal officer or
employee shall be deemed to have an interest in the contract of:
His or her spouse, minor children and dependents, except a contract
of employment with the Village of East Hampton;
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.
An officer or employee of the Village of East Hampton, 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 ambulance association volunteer,
except a chief or assistant chief.
[Amended 3-18-2005 by L.L. No. 6-2005]
Every officer or employee of the Village of East Hampton shall be subject
to and abide by the following standards of conduct:
A.
He shall not use or attempt to use his position as a
public servant to obtain any financial gain, contract, license, privilege
or personal advantage, direct or indirect, for himself or any person, firm
or corporation associated with him.
B.
Gifts. He shall not, directly or indirectly, solicit
or accept any gift having a monetary 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.
C.
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.
D.
Representations 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.
E.
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 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.
F.
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 Hampton, 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.
G.
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.
H.
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.
I.
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 Hampton 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.
J.
Disclosure of interest in contracts. To the extent that he has or will have an interest in any actual or proposed contract with the Village of East Hampton, he shall publicly disclose the nature and extent of such interest to the Board of Trustees in writing as soon as he has knowledge of such actual or prospective interest. Such written disclosure shall be made part of and set forth in the official record of the proceedings of the Board of Trustees. Once disclosure has been made by an officer or employee with respect to an interest in a contract with a particular person, firm, corporation or association, no further disclosures need be made by such officer or employee with respect to additional contracts with the same party during the remainder of the fiscal year. Notwithstanding the provisions of this section, disclosure shall not be required in the case of an interest in a contract described in Subsection L(9) through (14).
K.
Except as provided in Subsection L below, no municipal officer or employee shall have any interest in any contract with the Village of East Hampton when such officer or employee, individually or as a member of a board, has the power to negotiate, prepare, authorize or approve the contract or authorize or approve payment thereunder; audit bills or claims under the contract; or appoint an officer or employee who has any of the powers or duties set forth above; and no chief fiscal officer, treasurer or his deputy or employee shall have an interest in a bank or trust company designated as a depository, paying agent, registration agent or for investment of funds of the Village of East Hampton. The provisions of this section shall in no event be construed to preclude the payment of lawful compensation and necessary expenses of any municipal officer or employee in one or more positions of public employment, the holding of which is not prohibited.
L.
(1)
The designation of a bank or trust company as a depository, paying
agent, registration agent or for investment of funds of the Village of East
Hampton except when the chief fiscal officer, treasurer, or his deputy or
employee, has an interest in such bank or trust company; provided, however,
that where designation of a bank or trust company outside the Village would
be required because of the foregoing restriction, a bank or trust company
within the Village may nevertheless be so designated;
(2)
A contract with a person, firm, corporation or association in
which a Village officer or employee has an interest which is prohibited solely
by reason of employment as an officer or employee thereof, if the remuneration
of such employment will not be directly affected as a result of such contract
and the duties of such employment do not directly involve the procurement,
preparation or performance of any part of such contract;
(3)
The designation of a newspaper, including but not limited to
an official newspaper, for the publication of any notice, resolution, ordinance
or other proceeding where such publication is required or authorized by law;
(4)
The purchase by the Village of real property or an interest therein,
provided the purchase and the consideration therefor is approved by order
of the Supreme Court upon petition of the Board of Trustees;
(5)
The acquisition of real property or an interest therein, through
condemnation proceedings according to law;
(6)
A contract with a membership corporation or other voluntary nonprofit
corporation or association;
(7)
The sale of bonds and notes pursuant to § 60.10 of
the local finance law.
(8)
A contract in which a Village officer or employee has an interest,
if such contract was entered into prior to the time he was elected or appointed
as an officer or employee, but this subsection shall in no event authorize
a renewal of any such contract;
(9)
A contract with a corporation in which a Village officer or employee
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 or employee;
(10)
A contract for the furnishing of public utility services when
the rates or charges therefor are fixed or regulated by the Public Service
Commission;
(11)
A contract for the payment of a reasonable rental of a room or
rooms owned or leased by an officer or employee when the same are used in
the performance of his official duties and are so designated as an office
or chamber;
(12)
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 office;
(13)
A contract in which a Village officer or employee has an interest
if the total consideration payable thereunder, when added to the aggregate
amount of all consideration payable under contracts in which such person had
an interest during the fiscal year, does not exceed the sum of $750;
(14)
A contract with a member of a private industry council established
in accordance with the Federal Job Training Partnership Act or any firm,
corporation or association in which such member holds an interest, provided
the member discloses such interest to the council and the member does not
vote on the contract.
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 East Hampton, 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 or permitted by law.
The Mayor of the Village of East Hampton shall cause a copy of this
Code of Ethics to be distributed to every officer and employee of the Village
of East Hampton within 30 days 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.
A.
There is hereby created and established a Board of Ethics,
consisting of three members, including a Chairman, to be appointed by the
Board of Trustees, to serve without compensation, for a one-year term. One
member of the Board of Ethics shall be an elected or appointed officer of
the Village of East Hampton. The other two members shall not otherwise be
officers or employees of the Village.[1]
[1]
Editor's Note: Section 808 of the General Municipal Law requires at
least three members, a majority of whom are not otherwise officers or employees,
but the Board must include at least one member who is an elected or appointed
municipal officer.
B.
The Board of Ethics shall render advisory opinions to
officers or employees of the Village of East Hampton with respect to this
Code of Ethics and the provisions of Article 18 of the General Municipal Law.
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 prescribe and shall have the advice of counsel employed by the Board,
or, if none, the Village Attorney. A written request may be submitted by
a member of the Board of Ethics.
[Amended 3-18-2005 by L.L. No. 6-2005]
C.
The Board of Ethics may make recommendations with respect
to the drafting and adoption of a Code of Ethics or amendments thereto upon
the request of the Board of Trustees.
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.
