[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 1-11-2006 by L.L. No. 19-2005 as Ch. 27 of the 2005 Code. Amendments noted where applicable.]
A.
Pursuant to the provisions of § 806 of the
General Municipal Law, the Village Board of the Incorporated Village
of Plandome Manor 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 Incorporated Village of Plandome Manor.
These rules shall serve as a guide for official conduct of the officers
and employees of the Incorporated Village of Plandome Manor.
B.
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:
Any claim, account or demand against or agreement with a
municipality, express or implied, and shall include the designation
of a depository of public funds and the designation of a newspaper,
including but not limited to an official newspaper, for the publication
of any notice, resolution, local law or other proceeding where such
publication is required or authorized by law.
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: 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.
Any officer or employee of the Incorporated Village of Plandome
Manor, whether paid or unpaid, elected or appointed, including members
of any administrative board, commission, committee or other agency
thereof. It shall also include the Village Attorney or any special
attorneys of the Village of Plandome Manor, paid or unpaid. 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 chief.
Every officer or employee of the Incorporated
Village of Plandome Manor 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 $75 or more,
whether in the form of money, services, loan, travel, entertainment,
hospitality 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.[1]
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, expressed 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 before 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, expressed or
implied, for compensation for services to be rendered in relation
to any matter before any agency of this 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 Incorporated Village of Plandome Manor, 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 private interest he
has in such legislation.
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 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 his official duties.
H.
Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any
board or agency of the Incorporated Village of Plandome Manor 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 Incorporated Village
of Plandome Manor or any agency thereof on behalf of himself or any
member of his family arising out of any personal injury or property
damage or from any lawful benefit or claim authorized or permitted
by law.
The Mayor of the Incorporated Village of Plandome
Manor shall cause a copy of this Code of Ethics to be distributed
to every officer and employee of the 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 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, as the case may be, in the manner
provided by law.
The Mayor, as chief executive officer of the
Village, shall receive any complaint concerning provisions of this
chapter and shall cause the complaint to be investigated. The results
of said investigation shall be presented to the Village Board within
30 days, and the matter may be decided by the Village Board or, upon
motion of the Board, it may be referred to the Nassau County Board
of Ethics, which in such case shall be deemed the Board of Ethics
for the Village.
