[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 5-24-1989. Amendments noted where applicable.]
It is the purpose of this code to provide basic standards of ethical
conduct as a guide for officers and employees of the Village of Montebello
in order to preserve the integrity, independence and impartiality of such
officers and employees and to assure the proper administration of the government
of the Village.
When used in this code, 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 Montebello, expressed 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 a municipal officer or
employee as the result of a business or professional transaction with the
Village of Montebello. For the purpose of this code, a municipal officer or
employee shall be deemed to have an interest in the affairs of his or her
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 by such officer
or employee.
An officer or employee of the Village of Montebello, whether paid
or unpaid, including members of any administrative board, commission or agency
thereof. No person shall be deemed to be a "municipal officer or employee"
solely by reason of being a civil defense volunteer or volunteer fireman,
except a fire chief or assistant fire chief. "Municipal officer or employee"
also means any person nominated by a political party or by independent nominating
petition as a candidate for any elective office in the Village of Montebello.[1]
A.
Gifts. No officer or employee shall, 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, from any person, firm or corporation
which, to his or her knowledge, is interested directly or indirectly in any
manner whatsoever in business or professional dealings with the Village or
any agency thereof or who has any matter under consideration by any board,
commission or agency of the Village.
B.
Confidential information. No officer or employee shall
disclose any 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.
C.
Representation before a Village agency. No officer or
employee shall receive or enter into any agreement, express or implied, for
compensation or consideration of any kind for services rendered in relation
to any matter before any board, commission or agency of the Village.
D.
Disclosure of interest. Any officer or employee, whether
paid or unpaid, who participates in the discussion of or gives an official
opinion to any board, commission or agency of the Village on any legislation
or other matter being considered by such board, commission or agency shall
publicly disclose on the official record the nature and extent of any direct
or indirect financial or other private interest he or she has in such legislation
or matter.
E.
Interest in contract. No officer or employee shall have
an interest, direct or indirect, in any contract with the Village.
F.
Interest in depository. Neither the Village Clerk-Treasurer
nor the Mayor, nor any deputy or employee of either officer shall have an
interest, directly or indirectly, in any bank or trust company designated
as a depository, paying agent, or for investment of funds of the Village.
G.
Investments in conflict with official duties. The Village
Clerk-Treasurer 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 or her official duties.
H.
Private employment. No officer or employee shall 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 or her official duties.
I.
Future employment. No municipal officer or employee shall,
after the termination of service or employment with the Village, appear before
any board, commission or agency of the Village, in relation to any case, proceeding
or application in which he or she personally participated during the period
of his or her service or employment or which was under his or her active consideration.
J.
Representing private interests. No officer or employee
shall represent any private interests in any litigation in which the Village
is a party or complainant. Such officer or employee shall be deemed to represent
private interests if any partner or other business associate of such officer
or employee represents private interests as aforesaid.
K.
Additional standards of Village Attorney. The Village
Attorney or any Assistant Village Attorney is prohibited from exercising any
discretion in any matter of Village interest which shall involve any person
or corporation who has been a client of his firm during one year prior to
the time that said matter is handled by the office of the Village Attorney.
This, however, shall not prevent the assignment of such matter to another
attorney in the Village Attorney's office who has had no interest in
such matter. Any law firm of which the Village Attorney or any Assistant Village
Attorney shall be a member, shall not practice before the Village Board or
any of the boards, commissions or agencies of the Village while such member
is an employee of the Village Attorney's office.
L.
Additional standards of Building Inspector. The Building
Inspector or any deputy or assistant is prohibited from exercising any discretion
or acting upon any matter of Village interest which shall involve any real
estate, insurance, building contracting business or business matters in which
he may have any interest.
The provisions of § 14-3 of this code shall not apply to:
A.
A contract with a person, firm, corporation or association
in which a municipal officer or employee has an interest which is prohibited
solely by reason of employment as an officer or employee of the Village, 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.
B.
The purchase by the Village of real property or any interest
therein, provided the purchase and the consideration therefore is approved
by order of the Supreme Court upon petition of the Board of Trustees of the
Village.
C.
The acquisition of real property or an interest therein
through condemnation proceedings according to law.
D.
A contract with a membership corporation or other voluntary
nonprofit corporation or association.
E.
A contract in which an officer or employee has an interest
in such contract was entered into prior to the time he was nominated, elected
or appointed as such officer or employee, but this shall in no event authorize
a renewal of any such contract.
F.
A contract with a corporation in which an 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.
G.
A contract for the furnishing of public utility services
when the rates or charges therefor are fixed or regulated by the Public Service
Commission.
H.
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 the office.
I.
The timely filing by a present or former officer or employee
of any claim, act, demand or suit against the Village or any board, commission
or agency thereof on behalf of himself or any member of his family arising
out of any personal injury or property damage or any lawful benefit authorized
or permitted by law.
The Mayor of the Village of Montebello shall cause a copy of this code
to be distributed to every officer and employee of the Village within 30 days
after the effective date hereof. Each officer and employee elected or appointed
thereafter or nominated for office shall be furnished a copy before entering
upon the duties of his or her office or employment or within 10 days after
nomination. 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 provisions thereof.
Any question of conflict of interest or other matter concerning the
standards of conduct of any Village officer or employee shall be referred
to the Board of Ethics of the County of Rockland unless the Board of Trustees
of the Village of Montebello, by resolution, hereafter creates a Board of
Ethics for the Village of Montebello.
The Village Clerk-Treasurer of the Village of Montebello shall file
a copy of this Code of Ethics in the office of the Comptroller of the State
of New York within 30 days after the adoption hereof.
Any contract willfully entered into by or with the Village of Montebello
in which there is an interest prohibited by this code shall be null, void
and wholly unenforceable.
In addition to any penalty contained in any other provision of law,
any person who shall willfully and knowingly violate any of the provisions
of this code may be fined, suspended or removed from office or employment,
as the case may be, in such form and manner provided by the Civil Service
Law, the Public Officers Law or any other applicable law, rule or regulation.