[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]
His or her 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.
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:
A.
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]
B.
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.[1]
[1]
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
