[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack 1-14-1971 (Ch. 12 of the 1972 Code). Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Incorporated Village of
Nyack, Rockland County, New York, hereinafter referred to as the Village,
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. These rules shall serve as a guide for official conduct
of the officers and employees of the 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 pecuniary or material benefit accruing to a Village officer
or employee and/or to the Village officer's or employee's
(1) spouse, minor children and dependents; (2) a firm, partnership
or association of which such officer or employee is a member or employee;
(3) a corporation of which such officer or employee is an officer,
director or employee and (4) a corporation, any stock of which is
accrued or controlled directly or indirectly by such officer or employee.
The Mayor and each trustee and any other officer or employee
of the Village of Nyack, whether paid or unpaid, including members
of any administrative board, commission or other agency thereof. No
person shall be deemed to be a Village 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 of Nyack 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 for a value of $75 on an annual basis,
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.
[Amended 5-10-2001 by L.L. No. 3-2001]
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 boards and agencies.
(1)
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 on behalf of any person or entity other
than the Village of Nyack in relation to any matter before any Village
of Nyack board or agency of which he is an officer, member or employee,
or of any Village agency over which he has jurisdiction or to which
he has the power to appoint any member, officer or employee.
(2)
Sitting board members; representation before any other agency. While
serving as a member or alternate member of any Village of Nyack board
or agency, he shall not appear before any other Village of Nyack board
or agency on behalf of any person or entity other than the Village
of Nyack in relation to any matter.
[Added 5-10-2001 by L.L. No. 3-2001]
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 Village
of Nyack board, agency or Village officer or employee, 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 fees based upon the reasonable value of the services
rendered.
E.
Disclosure of interest in legislation. To the extent that he knows
thereof, every Village officer and employee who participates in any
matter before any Village of Nyack board, agency or Village officer
or employee 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 matter.
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, after the termination of service
or employment with the Village of Nyack, appear before any board,
agency or Village officer or employee of the Village of Nyack 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. This prohibition shall apply for a period
of two years after a Village officer or employee terminates service
or employment with the Village.
[Amended 5-10-2001 by L.L. No. 3-2001]
I.
No private entity shall name any structure or facility which requires
the approval of any Village of Nyack board or agency after a sitting
member of such Village of Nyack board or agency. This prohibition
shall not apply to a former member of such Village of Nyack board
or agency who has left Village service for over six months.
[Added 5-10-2001 by L.L. No. 3-2001]
Nothing herein shall be deemed to bar or prevent the timely
filing by a present or former Village officer or employee of any claim,
account, demand or suit against the Village of Nyack, or any board,
agency or officer or employee 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 Mayor of the Village of Nyack shall cause a copy of this
Code of Ethics to be distributed to every officer and employee of
the Village of Nyack 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.
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.
