[HISTORY: Adopted by the Board of Trustees of the Village
of Russell Gardens 11-23-1970 by resolution. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
An officer or employee of the Village of Russell Gardens,
paid or unpaid, including members of any administrative or zoning
board, commission or other agency and any building commissioner or
building inspector.[1] 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 chief engineer or assistant chief engineer.
Every officer or employee of the village 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 $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, 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.
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 Village Board and any officer or employee of the Village
of Russell Gardens, whether paid or unpaid, who participates in the
discussion or gives an 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 has in such legislation, or shall disclose
such interest in writing as soon as practicable.
F.
Investments
in conflict with official duties. He 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 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, for a period of two years after the termination
of service or employment with such municipality, appear before any
board or agency of the village 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.
After the said two years, such future employment shall be undertaken
only after full disclosure, in writing or upon the official village
record, of his financial interest, direct or indirect, in the particular
matter in which he appears before any village board or agency and
the relationship of such matter to any prior matter he participated
in while in the employ or service of the village.
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 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 Russell Gardens 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 code, together with a copy of Article 18 of the General Municipal
Law in the form issued by the New York State Department of Audit and
Control. Each officer and employee elected or appointed thereafter
shall be furnished copies of this code and Article 18 of the General
Municipal Law before entering upon the duties of his office or employment.
In addition to the penalties provided in Article 18 of the General
Municipal Law, any person who shall knowingly and intentionally violate
any of the provisions of this code may be suspended or removed from
office or employment, as the case may be, in the manner provided by
law.
