[HISTORY: Adopted by the Board of Trustees
of the Village of Cedarhurst 8-17-1970. Amendments noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law, the Board of Trustees of the Village
of Cedarhurst recognizes that there are rules of ethical conduct for
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 of Cedarhurst. These rules shall serve
as a guide for official conduct of the officers and employees of the
Village of Cedarhurst. These 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 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 purpose
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
[Amended 7-2-2012 by L.L. No. 7-2012]
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 Village of Cedarhurst, 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 firefighter
or civil defense volunteer, except a Chief Engineer or Assistant Chief
Engineer.
Every officer or employee of the Village of
Cedarhurst shall be subject to and abide by the following standards
of conduct:
A.
Gifts. He or she 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 her or could reasonably be expected to influence
him or her in the performance of his or her official duties or was
intended as a reward for any official action on his or her part.
[Amended 10-6-1997 by L.L. No. 9-1997]
B.
Confidential information. He or she shall not disclose
confidential information by him or her in the course of his or her
official duties or use such information to further his or her personal
interest.
C.
Representation before one's own agency. He or she
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 or she is an officer, member
or employee or of any municipal agency over which he or she has jurisdiction
or to which he or she has the power to appoint any member, officer
or employee.
D.
Representation before any agency for a contingent
fee. He or she 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 or her municipality, whereby
his or her compensation is to be dependent or contingent upon any
action by such agency with respect to such matter, provided that this
section 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 or she knows thereof, a member of the Board of Trustees and
any officer or employee of the Village of Cedarhurst, 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 or
she has in such legislation.
F.
Investments in conflict with official duties. He or
she 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 or her official duties.
G.
Private employment. He or she 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 or
her official duties.
H.
Future employment. He or she shall not, after the
termination of service or employment with such municipality, appear
before any board or agency of the Village of Cedarhurst in relation
to any case, proceeding or application in which he or she personally
participated during the period of his or her service or employment
or which was under his or her 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 Village of Cedarhurst
or any agency thereof on behalf of himself or herself or any member
of his or her family arising out of any personal injury or property
damage or for any lawful benefit authorized or permitted by law.
[Amended 10-6-1997 by L.L. No. 9-1997]
The Mayor of the Village of Cedarhurst shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the Village of Cedarhurst within 20 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 or her 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.
