[HISTORY: Adopted by the Board of Trustees of the Incorporated
Village of Bayville at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of Bayville 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 Bayville. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Bayville.
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 or his 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 accrued or controlled directly or indirectly
by such officer or employee, unless the context otherwise requires.
An officer or employee of the Village of Bayville, 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.
Every officer or employee of the Village of Bayville shall be
subject to and abide by the following standards of conduct:
A.
Gifts.
He/she shall not directly or indirectly solicit any gift 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/her, or could
reasonably be expected to influence him/her, in the performance of
his/her official duties or was intended as a reward for any official
action on his/her part.
B.
Confidential
information. He/she shall not disclose confidential information acquired
by him in the course of his/her official duties or use such information
to further his/her personal interest.
C.
Representation
before one's own agency. He/she 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/she is an officer, member or employee or of any municipal
agency over which he/she has jurisdiction or to which he/she has the
power to appoint any member, officer or employee.
D.
Representation before any agency for a contingent fee. He/she 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/her 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/she
knows thereof, a member of the Board of Trustees and any officer or
employee of the Village of Bayville, 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/she has in such legislation.
F.
Investments in conflict with official duties. He/she 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/her official duties. However, the investment in or ownership of
less than 5% of the stock of a corporation whose stock is listed on
the New York or American Stock Exchange or successors thereto shall
not be deemed to be an investment in conflict with official duties.
G.
Private employment. He/she 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/her official duties.
H.
Future employment. He/she shall not, after the termination of service
or employment with such municipality, appear before any board or agency
of the Village of Bayville 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 Bayville or
any agency thereof on behalf of him/herself or any member of his/her
family arising out of any personal injury or property damage or for
any lawful benefit authorized or permitted by law.
A.
There is hereby established a Board of Ethics consisting of three
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 Bayville, but the Board shall include
the Mayor of the Village of Bayville.
B.
The Board of Ethics shall have the powers 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 Bayville
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 amendments to this Code
of Ethics upon request of the Board of Trustees.
The Mayor of the Village of Bayville shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Village
within 30 days after the effective date 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.
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 of 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 in the manner provided by law.
