[HISTORY: Adopted by the Board of Trustees of the Village of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 21 of the 1983 Code. Amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Incorporated Village of East Hills 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 East Hills. These rules shall serve as a guide for official conduct of the officers and employees of the Incorporated Village of East Hills. 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 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 1-21-1997 by L.L. No. 3-1997]
- A. His or her spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves.
- B. A firm, partnership or association of which such officer or employee is a member or employee.
- C. A corporation of which such officer or employee is an officer, director or employee.
- D. 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 Incorporated Village of East
Hills, 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.[Amended 1-21-1997 by L.L. No. 3-1997]
- The Incorporated Village of East Hills.
Every officer or employee of the Incorporated Village of East Hills shall be subject to and abide by the following standards of conduct:
Gifts. He or she shall not, directly or indirectly, solicit or accept any gift having a value of $25 or more, or $100 in the aggregate during a twelve-month period, 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 1-21-1997 by L.L. No. 3-1997]
Confidential information. He or she shall not disclose 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 interest or the personal interest of any person known by him or her to be related to him or her by blood or marriage.
Editor's Note: Original § 21-3C and D, which immediately followed this subsection, regarding representation before one's own agency or any agency, were repealed 1-21-1997 by L.L. No. 3-1997.
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, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Trustees or any other agency of the Village on any legislation or any other matter before the Board of Trustees or any other agency of the Village 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.
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, except to the extent permitted by § 802 of the General Municipal Law.
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.
Future employment. He or she shall not, for a period of one year after the termination of service or employment with the Village, appear in any representative capacity before any board or agency of the Village. He or she shall not, for a period of two years after the termination of service or employment with the Village, appear before any board or agency of the Village in relation to any case, proceeding or application in which he or she personally participated or which was under his or her active consideration during the period of his or her service or employment. Nothing contained within this section or any other section of this Code is intended to prohibit such former officer or employee from appearing before any board or agency of this Village for the purpose of offering testimony or providing information regarding actions made or taken by said former officer or employee in his or her official capacity during such former service or employment with the Village.
[Amended 1-21-1997 by L.L. No. 3-1997]
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former Village officer or employee of any claim, account, demand or suit against the Village 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.
The Mayor of the Village shall cause a copy of this Code of Ethics to be distributed to every officer or 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 or her office or employment.
The failure to distribute any such copy or the failure of any officer or employee to receive such copy shall have no effect on the duty of compliance with such code or the enforcement of provisions thereof.
[Added 1-21-1997 by L.L. No. 3-1997]
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 chapter may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.