[HISTORY: Adopted by the Board of Trustees
of the Village of Port Jefferson as Ch. 7 of the 1970 Code. Amendments
noted where applicable.]
A.
Pursuant to the provisions of § 806 of the
General Municipal Law, the Board of Trustees of the Incorporated Village
of Port Jefferson 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 Port Jefferson.
These rules shall serve as a guide for official conduct of the officers
and employees of the Incorporated Village of Port Jefferson.
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:
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
An officer or employee of the Incorporated Village of Port
Jefferson, 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 chief engineer
or assistant chief engineer.
Every officer or employee of the Incorporated
Village of Port Jefferson 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, 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 possibly
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 11-13-1974 by L.L. No. 5-1974]
B.
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.
C.
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.
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, any member of a duly constituted board and
any officer or employee of the Incorporated Village of Port Jefferson,
whether paid or unpaid, who participates in the discussion or gives
official opinion to any duly constituted board on any matter before
the 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 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 such municipality, appear before any
board or agency of the Incorporated Village of Port Jefferson 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 Port Jefferson or any other 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.
[Amended 6-11-1992 by L.L. No. 4-1992]
The Mayor of the Incorporated Village of Port
Jefferson shall cause a copy of this Code of Ethics to be distributed
to every officer and employee of the Incorporated Village of Port
Jefferson 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 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.