Village of Old Field, NY Chapter 31 Ethics, Code of

[HISTORY: Adopted by the Board of Trustees of the Village of Old Field 6-13-2006 by L.L. No. 3-2006.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also repealed former Ch. 31, Ethics, adopted 1-9-1971, as amended.

§ 31-1 Purpose.

A. The proper administration of the government of the Village of Old Field requires its officers and employees, whether elected or appointed, paid or unpaid, including members of any administrative boards, commissions or other agencies, to be impartial and free from conflicts of interest, or even the appearance of conflicts, and free from partisan political influences in fulfilling their public responsibilities.

B. Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Village of Old Field hereby adopts a Code of Ethics for the purpose of setting forth for the guidance of its public officers and employees the standards of conduct reasonably expected of them so that public confidence is to be maintained in our unit of local government. 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, Article 7 of the Civil Service Law, or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.

§ 31-2 Definitions.

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 municipality which such officer or employee serves. For the purpose of this chapter, a municipal officer or employee shall be deemed to have an interest in the contract of (a) his spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves, (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 Incorporated Village of Old Field, whether paid or unpaid, including members of any administrative board, commission or other agency thereof.

§ 31-3 Standards of conduct.

Every municipal officer or employee of the Incorporated Village of Old Field shall be subject to and abide by the following standards of conduct:

A. Conflicts of interest.

(1) No municipal officer or employee shall engage in any transaction which constitutes a conflict of interest pursuant to Article 18 of the General Municipal Law.

(2) No member of any Village board, commission, committee or council who has, or intends to acquire, an interest in any matter being considered by the Village Board or any other official board, commission, committee or council shall act in an official capacity on any such matter in which he or she has an interest.

B. Acceptance of gifts and favors. No municipal officer or employee 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 knowledge, is interested directly or indirectly, in any manner whatsoever, in business dealings with the village.

C. Disclosure and use of confidential information. No municipal officer or employee shall disclose confidential information concerning the property, government or affairs of the Village, nor shall he use such information to advance the financial or other private interest of himself or others.

D. Investments that create conflict with official duties. No municipal officer or employee shall 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.

E. Outside employment which is incompatible with official duties. No municipal officer or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties.

F. Recusal. A municipal officer or employee shall promptly recuse himself or herself from acting on a matter before any board, commission, committee, council or agency of the Village when acting on the matter, or failing to act on the matter, may benefit the municipal official or employee, his or her family member or outside employer or business.

G. Representation. A municipal officer or employee shall not represent any other person in any matter that person has before any board, commission, committee, council or agency of the Village, nor represent any other person in any matter against the interests of the Village.

H. Appearances. A municipal officer or employee shall not appear before any board, commission, committee, council or agency of the Village, except on his or her own behalf or on behalf of his or her own constituents or on behalf of the Village.

I. Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any other municipal officer or employee 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.

J. Future employment.

(1) No municipal officer or employee shall solicit, negotiate for or promise to accept employment from any person, firm or corporation with which he/she or his/her agency is engaged in behalf of the Village in the transaction of business or which is or may be affected by his official action.

(2) No municipal officer or employee shall, after the termination of service or employment with the Village of Old Field, appear before any Village board, commission, committee or council in relation to any case, proceeding or application in which he/she personally participated during the period of his/her service or employment or which was under his/her active consideration.

K. Political activity.

(1) No municipal officer or employee shall, directly or indirectly, use his authority or official influence to compel, solicit or induce any other officer or employee of the Village to pay or promise to pay any political assessment, subscription or contribution.

(2) Every municipal officer or employee who may have charge or control in any building, office or room occupied for any governmental purpose is hereby authorized to prohibit the entry of any person, and he shall not knowingly permit any person to enter the same, for the purpose of making, collecting, receiving or giving notice therein, of any political assessment, subscription or contribution; and no person shall enter or remain in any such office, building or room, or send or direct any letter or other writing thereto, for the purpose of giving notice of, demanding or collecting a political assessment; nor shall any person therein give notice of, demand, collect or receive any such assessment, subscription or contribution.

(3) No municipal officer or employee shall prepare or take any part in preparing any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected of any municipal officer or employee subject to the provisions of this chapter, and no person shall knowingly send or present any political assessment, subscription or contribution to or request its payment of any said municipal officer or employee.

§ 31-4 Board of Ethics.

A. There is hereby created and established a Board of Ethics of the Incorporated Village of Old Field consisting of three members to be appointed by the Mayor, subject to approval by the Board of Trustees.

B. Members of such Board of Ethics shall be residents of the Incorporated Village of Old Field, and no more than one shall be an officer or employee of the Village.

C. Members of such Board shall serve without compensation and at the pleasure of the Mayor.

D. Upon request made to the Board of Trustees, the Board of Ethics may have the advice of the Attorney for the Village.

E. The members of said Board of Ethics shall elect from their membership a Chairman and a Secretary.

F. The Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its forms and procedures and maintain appropriate records of its opinions and proceedings, for which expenses it shall be reimbursed as a Village charge, and an adequate appropriation for its operation shall be budgeted by the Mayor and Board of Trustees.

G. Said Board of Ethics shall have the following functions, powers and duties:

(1) To receive written requests for opinions from the Mayor or Board of Trustees of the Village concerning possible violations of the Code of Ethics of the Incorporated Village of Old Field and/or Article 18 of the General Municipal Law.

(2) To render advisory opinions in response to the aforementioned requests.

(3) To make recommendations with respect to the amendment of the Code of Ethics of the Incorporated Village of Old Field upon the request of the Board of Trustees.

§ 31-5 Enforcement.

The Mayor of the Incorporated Village of Old Field, as chief executive officer, shall receive complaints concerning violations of this chapter and refer such complaints to the Ethics Board for advisory opinion. The Mayor shall receive such advisory opinion from the Board of Ethics concerning violations of the chapter and refer such complaints and opinions to the Board of Trustees for appropriate action.

§ 31-6 Penalties for offenses.

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 chapter may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

§ 31-7 Distribution of copies.

The Mayor of the Village of Old Field shall cause a copy of this Code of Ethics to be distributed to all current officers and employees of the Village within 30 days after the effective date of this chapter. All new officers and employees shall be furnished a copy before entering upon the duties of their office or employment. All current and future employees shall sign a statement acknowledging that the Code of Ethics was received and read and their personnel files shall be noted accordingly.