[HISTORY: Adopted by the Board of Trustees of the Village of McGraw:
Art. I, 12-1-1970 as L.L. No. 1-1970;
Art. II, 12-1-1970 as L.L. No. 2-1970.
Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 12.
[Adopted 12-1-1970 as L.L. No. 1-1970]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of McGraw 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 Article to promulgate these rules of ethical conduct for the
officers and employees of the Village of McGraw. These rules shall serve as
a guide for official conduct of the officers and employees of the Village
of McGraw. The rules of ethical conduct of this Article, as adopted and amended,
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 Article, the following terms shall have the meanings
indicated:
A direct or indirect pecuniary or material benefit accruing to a
village officer or employee as the result of a contract with the village which
such officer or employee serves. For the purposes of this Article, a village
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.[1]
An officer or employee of the Village of McGraw, 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.[2]
Every officer or employee of the Village of McGraw 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 $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.[1]
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 of 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 McGraw, 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 private transaction which conflicts 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 interests when such employment or service creates a conflict with
or impairs the proper discharge of his official duties.
H.
Future employment. He shall not, after the termination
of service of employment with such municipality, appear before any board or
agency of the Village of McGraw 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 McGraw, 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 Village Clerk of the Village of McGraw shall cause a copy of this
code of ethics to be distributed to every officer and employee of the Village
of McGraw within 30 days after the effective date of this Article. 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 on the enforcement
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.
Officers and employees of the Village of McGraw shall be subject to
the financial disclosure requirements of Article 18 of the General Municipal
Law.
[Adopted 12-1-1970 as L.L. No. 2-1970]
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 McGraw, but
shall include at least one member who is an elected or appointed officer or
employee of the Village of McGraw.
The Board of Ethics shall have the power and duties prescribed by Article
18 of the General Municipal Law and shall render advisory opinions to the
officers and employees of the Village of McGraw with respect to 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.
