[HISTORY: Adopted by the Board of Trustees of the Village of Huntington Bay 8-10-1970. Amendments noted where applicable.]
Pursuant to the provisions of Section 806 of the General Municipal Law, the Trustees of the Village of Huntington Bay recognize 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 of Huntington Bay. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Huntington Bay.
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 purposes
of this chapter, a municipal officer or employee shall be deemed to
have an "interest" in the contract of:[Amended 11-18-2002 by L.L. No. 6-2002]
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.
A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Village of Huntington Bay,
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.[Amended 11-18-2002 by L.L. No. 6-2002]
Every officer or employee of the Village of Huntington Bay 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 in excess of $75, 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 11-18-2002 by L.L. No. 6-2002]
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 before 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 this 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.
Giving testimony before any agency. He shall not appear before, or testify at, any meeting or hearing of any agency of this municipality except at the specific request of such agency, unless he shall be the owner of real property which will be affected by the action of such agency, in which event he shall fully disclose his interest therein prior to giving such testimony.
[Added 3-14-1983 by L.L. No. 1-1983]
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Trustees and any officer or employee of the Village of Huntington Bay, whether paid or unpaid, who participates in the discussion or gives official opinion to the Trustees on any legislation before the 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 Huntington Bay 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 Village of Huntington Bay 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.
[Amended 2-13-2006 by L.L. No. 4-2006; 11-18-2002 by L.L. No. 6-2002]
The Mayor of the Village of Huntington Bay shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village 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. 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 of Ethics, nor the enforcement provisions thereof.
[Amended 1-14-2002 by L.L. No. 2-2002]
In addition to any penalty contained in any other provision of law, any person or persons who shall knowingly and intentionally violate any of the provisions of this chapter or article may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. Any person or persons violating any provisions of this chapter or article shall be liable for and pay a fine of not less than $50 for a conviction on a first offense and not more than $500 for a conviction on each subsequent offense.
[Added 1-14-2002 by L.L. No. 2-2002; amended 11-18-2002 by L.L. No. 6-2002]
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.