[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken as indicated in article histories. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Village of Asharoken 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 article to promulgate these rules of ethical conduct for the officers and employees of the Village of Asharoken. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Asharoken. The rules of ethical conduct of this article 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 article, the following terms shall have the meanings indicated:
- A pecuniary or material benefit accruing to a municipal officer or employee or to the municipal officer's or employee's:
Spouse, minor children and dependents;
Firm, partnership or association of which such officer or employee is a member or employee;
Corporation of which such officer or employee is an officer, director or employee; and
Corporation, any stock of which is accrued or controlled directly or indirectly by such officer or employee, unless the context otherwise requires.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Village of Asharoken, 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.
Every officer or employee of the Village of Asharoken shall be subject to and abide by the following standards of conduct:
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.
[Amended 1-28-2002 by L.L. No. 1-2002]
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.
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.
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.
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village of Asharoken, 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.
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.
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.
Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village of Asharoken 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.
[Added 1-28-2002 by L.L. No. 1-2002]
Unless otherwise required by law or court of competent jurisdiction, no Village officer or employee shall knowingly disclose by any means any matter or information discussed or deliberated on during a properly convened executive session.
Legal or equitable proceedings to prevent a violation of this section are authorized. Violation of this section constitutes a violation punishable by a fine of up to $1,000.
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 Asharoken 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 Mayor of the Village of Asharoken shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village within 15 days after the effective date of this article. 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.
In accordance with the provisions of Chapter 813 of the Laws of 1987, commonly referred to as the "Ethics in Government Act," and, in particular, Subdivision 3(c) of § 806 of the General Municipal Law, as amended thereby, the Village Clerk be and hereby is directed to file with the office of the State Comptroller and maintain as a record subject to public inspection a copy of the Code of Ethics of the Village of Asharoken and a statement that the Village of Asharoken is a municipality which is not subject to the provisions of § 812 of the General Municipal Law because it is not a political subdivision as defined in § 810 of the General Municipal Law.
Editor's Note: See § 94 of the Executive Law.