[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 9-11-1984 by L.L. No. 5-1984. Amendments noted where
applicable.]
It is the purpose of this chapter to provide basic standards
of ethical conduct as a guide for officers and employees of the Village
of Wesley Hills in order to preserve the integrity, independence and
impartiality of such officers and employees and to assure the proper
administration of the government of the Village.
When used in this chapter, and unless otherwise expressly stated,
or unless the context otherwise requires, the following terms shall
have the meanings indicated:
Any claim, account or demand against or agreement with the
Village of Wesley Hills, expressed or implied, and shall include the
designation of a depository of public funds and the designation of
an official newspaper.
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a business or
professional transaction with the Village of Wesley Hills. For the
purpose of this chapter, a municipal officer or employee shall be
deemed to have an interest in the affairs of his or her spouse, minor
children and dependents, except a contract of employment with the
Village; 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 by such officer
or employee.[1]
An officer or employee of the Village of Wesley Hills, whether
paid or unpaid, including members of any administrative board, commission
or agency thereof. No person shall be deemed to be a municipal officer
or employee solely by reason of being a civil defense volunteer or
volunteer fireman. "Municipal officer or employee" also means any
person nominated by a political party or by independent nominating
petition as a candidate for any elective office in the Village of
Wesley Hills.
A.
Gifts. No officer or employee shall, 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, from any person,
firm or corporation which, to his or her knowledge, is interested
directly or indirectly in any manner whatsoever in business or professional
dealings with the Village or any agency thereof or who has any matter
under consideration by any board, commission or agency of the Village.[1]
B.
Confidential information. No officer or employee shall disclose any
confidential information acquired by him or her in the course of his
or her official duties or use such information to further his or her
personal interests.
C.
Representation before a Village agency. No officer or employee shall
receive or enter into any agreement, express or implied, for compensation
or consideration of any kind for services rendered in relation to
any matter before any board, commission or agency of the Village.
D.
Disclosure of interest. Any officer or employee, whether paid or
unpaid, who participates in the discussion of or gives an official
opinion to any board, commission or agency of the Village on any legislation
or other matter being considered by such board, commission or agency
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 or matter.
E.
Interest in contract. No officer or employee shall have an interest,
direct or indirect, in any contract with the Village.
F.
Interest in depository. Neither the Village Treasurer nor the Mayor,
nor any deputy or employee of either officer, shall have an interest,
directly or indirectly, in any bank or trust company designated as
a depository, paying agent, or for investment of funds of the Village.
G.
Investments in conflict with official duties. The Village Treasurer
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.
H.
Private employment. No officer or employee shall 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.
I.
Future employment. No municipal officer or employee shall, after
the termination of service or employment with the Village, appear
before any board, commission or agency of the Village, 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.
J.
Representing private interests. No officer or employee shall represent
any private interests in any litigation in which the Village is a
party or complainant. Such officer or employee shall be deemed to
represent private interests if any partner or other business associate
of such officer or employee represents private interests as aforesaid.
K.
Additional standards of Village Attorney. The Village Attorney or
any Assistant Village Attorney is prohibited from exercising any discretion
in any matter of Village interest which shall involve any person or
corporation who has been a client of his firm during one year prior
to the time that said matter is handled by the office of the Village
Attorney. This, however, shall not prevent the assignment of such
matter to another attorney in the Village Attorney's office who
has had no interest in such matter. Any law firm of which the Village
Attorney or any Assistant Village Attorney shall be a member shall
not practice before the Village Board or any of the boards, commissions
or agencies of the Village while such member is an employee of the
Village Attorney's office.
L.
Additional standards of Building Inspector. The Building Inspector
or any deputy or assistant is prohibited from exercising any discretion
or acting upon any matter of Village interest which shall involve
any real estate, insurance, building contracting business or business
matters in which he may have any interest.
The provisions of § 21-3 of this chapter shall not apply to:
A.
A contract with a person, firm, corporation or association in which
a municipal officer or employee has an interest which is prohibited
solely by reason of employment as an officer or employee of the Village,
if the remuneration of such employment will not be directly affected
as a result of such contract and the duties of such employment do
not directly involve the procurement, preparation or performance of
any part of such contract.
B.
The purchase by the Village of real property or any interest therein,
provided the purchase and the consideration therefor is approved by
order of the Supreme Court upon petition of the Board of Trustees
of the Village.
C.
The acquisition of real property or an interest therein through condemnation
proceedings according to law.
D.
A contract with a membership corporation or other voluntary nonprofit
corporation or association.
E.
A contract in which an officer or employee has an interest if such
contract was entered into prior to the time he was nominated, elected
or appointed as such officer or employee, but this shall in no event
authorize a renewal of any such contract.
F.
A contract with a corporation in which an officer or employee has
an interest by reason of stockholdings when less than 5% of the outstanding
stock of the corporation is owned or controlled directly or indirectly
by such officer or employee.
G.
A contract for the furnishing of public utility services when the
rates or charges therefor are fixed or regulated by the Public Service
Commission.
H.
A contract for the payment of a portion of the compensation of a
private employee of an officer when such employee performs part-time
service in the official duties of the office.
I.
The timely filing by a present or former officer or employee of any
claim, act, demand or suit against the Village or any board, commission
or agency thereof on behalf of himself or any member of his family
arising out of any personal injury or property damage or any lawful
benefit authorized or permitted by law.
The Mayor of the Village of Wesley Hills shall cause a copy
of this chapter to be distributed to every officer and employee of
the Village within 30 days after the effective date hereof. Each officer
and employee elected or appointed thereafter or nominated for office
shall be furnished a copy before entering upon the duties of his or
her office or employment or within 10 days after nomination. 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.
Any question of conflict of interest or other matter concerning
the standards of conduct of any Village officer or employee shall
be referred to the Board of Ethics of the County of Rockland unless
the Board of Trustees of the Village of Wesley Hills, by resolution,
hereafter creates a Board of Ethics for the Village of Wesley Hills.
The Village Clerk of the Village of Wesley Hills shall file
a copy of this Code of Ethics in the office of the Comptroller of
the State of New York within 30 days after the adoption of this chapter.
Any contract willfully entered into by or with the Village of
Wesley Hills in which there is an interest prohibited by this chapter
shall be null, void and wholly unenforceable.
In addition to any penalty contained in any other provision
of law, any person who shall willfully and knowingly violate any of
the provisions of this chapter may be fined, suspended or removed
from office or employment, as the case may be, in such form and manner
provided by the Civil Service Law, the Public Officers Law or any
other applicable law, rule or regulation.
