[HISTORY: Adopted by the Board of Trustees of the Village of North
Hills by resolution effective 1-1-1971 (Ch. 16 of the 1982
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of employees — See Ch. 23.
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Incorporated Village of North 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
to serve as a guide for official conduct of the officers and employees of
the Village. 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:[1]
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.
An officer or employee of the Village of North 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,
except a fire chief or assistant fire chief.[2]
The Incorporated Village of North Hills, Nassau County, New York.
Every officer or employee of the Village shall be subject to and abide
by the following standards of conduct:
A.Â
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.[1]
B.Â
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.
C.Â
Representation. 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 the Village.
D.Â
Disclosure.
(1)Â
To the extent that he knows thereof, any officer or employee,
whether paid or unpaid, who participates in the discussion or gives official
opinion to the Board of Trustees, Planning Board or Board of Appeals on any
matter before it, 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 matter.
(2)Â
He shall disclose to the Board of Trustees in writing
all real property owned by him situated within the Village or within 500 feet
of the boundaries thereof and any direct or indirect investment in any financial,
business, commercial or other private transaction which creates or may create
a conflict with his official duties. In the event that such a conflict shall
occur or appear which was not previously anticipated or reported, he shall
forthwith report such conflict or potential conflict. The Village Clerk shall
provide to each officer and employee at the beginning of each official year
a form for purposes of disclosing the information required by this subsection.
E.Â
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.
F.Â
Future employment. He shall not, after the termination
of service or employment with the Village, appear before any board of the
Village in relation to any case, matter, 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 officer or employee of the Village of any claim, account,
demand or suit against the Village 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.
There is hereby established a Board of Ethics consisting of three members,
who shall be appointed by the Board of Trustees and who shall serve without
compensation and at the pleasure of the Board of Trustees. A majority of such
members shall be persons other than officers or employees of the Village,
but at least one member shall be an elected or appointed officer of the Village.
The Board of Ethics shall have the powers and duties prescribed by Article
18 of the General Municipal Law and shall render advisory opinions to the
officers and employees of the Village with respect to Article 18 of the General
Municipal Law and to this Code of Ethics, under such rules and regulations
as the Board of Ethics may prescribe. In addition, the Board may make recommendations
with respect to the drafting and adoption of a Code of Ethics or amendments
thereto upon request of the Board of Trustees.
The Mayor of the Village shall cause a copy of this Code of Ethics to
be distributed to every officer or employee within 30 days after the effective
date of this chapter. Each officer and employee elected or appointed thereafter
shall be furnished a copy thereof 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, nor the enforcement provisions thereof.
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 suspended or removed from office or employment, as
the case may be, in the manner provided by law.
