[HISTORY: Adopted by the Board of Trustees of Cuba Village 5-23-1977 as Ch. 6 of
the 1977 Code. Amendments noted where applicable.]
It is the purpose of this chapter to promulgate these rules
of ethical conduct for the officers and employees of Cuba Village,
and these rules as hereby adopted shall serve as a guide for official
conduct for the officers and employees of Cuba Village. 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 as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an "interest" in the contract of:
His/her 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.
A corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.
An officer or employee of Cuba Village, 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.
Every officer or employee of Cuba Village shall be subject to
and abide by the following standards of conduct:
A.
Gifts. He/she shall not directly or indirectly solicit any gift.
He/she shall not 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, 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 or any official action on his/her part.[1]
B.
Confidential information. He/she shall not disclose confidential
information acquired by him/her 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, expressed 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 before
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, expressed or implied, for
compensation for services to be rendered in relation to any matter
before any agency of this 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 Village Board and any officer or employee
of Cuba Village, whether paid or unpaid, who participates in the discussion
or gives official opinion to the Village Board on any legislation
before the Village Board 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.
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 Cuba Village 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.
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 Cuba Village or any agency
thereof on behalf of himself/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.
The Mayor of Cuba Village shall cause a copy of this Code of
Ethics to be distributed to every officer and employee of Cuba Village
within 10 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/her 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 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 chapter may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.
