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:
INTEREST
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:
[Amended 3-15-2024 by L.L. No. 1-2024]
A.
His or her spouse, minor children and dependents, except a contract
of employment with the Village of East Hampton;
B.
A firm, partnership or association of which such officer or
employee is a member or employee;
C.
A corporation of which such officer or employee is an officer,
director or employee; and
D.
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 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 a volunteer member of the Village of East Hampton Department of
Emergency Medical Service (EMS), except a chief or assistant chief.
No person shall be deemed to be a municipal officer or employee solely
by reason of being or having been an ambulance association volunteer.
[Amended 3-15-2024 by L.L. No. 1-2024]
[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. The provisions of Subsections
J and
K shall not apply to:
(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.
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.