[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale 12-14-1970 by Ord. No. 74 (Ch. 4 of the 1975 Code).
Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Incorporated Village of Farmingdale 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 Farmingdale. These rules shall serve as a
guide for official conduct of the officers and employees of the Incorporated
Village of Farmingdale. 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
meaning 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 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; and
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
An officer or employee of the Incorporated Village of Farmingdale,
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 the Incorporated Village of Farmingdale
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,
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.[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, 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 Board of Trustees of the Incorporated Village
of Farmingdale, and any officer or employee of the Incorporated Village
of Farmingdale, 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 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 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 such municipality, appear before any board or agency
of the Incorporated Village of Farmingdale 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.
A.
There shall
be a Board of Ethics consisting of three members who shall serve without
compensation. One member shall be appointed as the Chairman.
B.
The Board
of Ethics shall be appointed by the Mayor upon advice from the Board
of Trustees.
C.
Each Board
position shall be a five-year term, except for the first Board members,
which shall serve terms of three, four and five years so that Board
member terms will expire in different years. A majority of Board members
shall be other than elected Village officials or Village employees.
Vacancies shall be filled for the unexpired term of the vacating Board
member.
D.
The Board
of Ethics shall render advisory opinions to the Board of Trustees
upon request of the Board of Trustees or any Trustee based upon Article
18 of the General Municipal Law and this Code of Ethics.
E.
The Board
of Ethics may establish rules and regulations for discharging its
duties.
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
Farmingdale, 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-Treasurer of the Incorporated Village of Farmingdale
shall cause a copy of this Code of Ethics to be distributed to every
officer and employee of the Incorporated Village of Farmingdale within
15 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 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.
This chapter shall take effect January 1, 1971.
