§ 16-1. Purpose.
Pursuant to
the provisions of § 806 of the General Municipal Law, the Board of
Trustees of the Village of New York Mills 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 Village of New York Mills. These rules shall serve as a guide
for official conduct of the officers and employees of the Village of New York
Mills. 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.
§ 16-2. Definitions.
As used in
this chapter, the following terms shall have the meanings indicated:
INTEREST -- 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:
A. His
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 Village of New York Mills, 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.
§ 16-3. Standards of
conduct.
Every
officer or employee of the Village of New York Mills shall be subject to and
abide by the following standards of conduct:
A. 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.
B. 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. 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 over which he has jurisdiction or to
which he has the power to appoint any member, officer or employee.
D. 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.
E. Disclosure
of interest in legislation. To the extent that he knows thereof, a member of
the Board of Trustees and any officer or employee of the Village of New York
Mills, whether paid or unpaid, who participates in the discussion or gives official
opinion to the Board of Trustees on any legislation before the Board of
Trustees shall publicly disclose in the official record the nature and extent
of any direct or indirect financial or other private interest he has in such
legislation.
F. 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.
G. Private
employment. He shall not engage in, solicit, negotiate for or promise to accept
private employment or render services for private interest when such employment
or service creates a conflict with or impairs the proper discharge of his
official duties.
H. 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 New York
Mills in relation to any case, proceeding or application in which he personally
participated during the period of his service or employment of which was under
his active consideration.
§ 16-4. Exclusion of
certain actions.
Nothing
herein shall be deemed to bar or prevent the timely filing by a present or
former municipal officer or employee or any claim, account, demand or suit
against the Village of New York Mills, 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.
§ 16-5. Distribution of
Code of Ethics.
The Mayor of
the Village of New York Mills 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 of the Mayor to distribute any copy of the
Code of Ethics 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
the provisions thereof.
§ 16-6. Penalties for
offenses.
In addition
to any penalty contained in any other provision of law, any person who shall
knowingly and intentionally violate any of the provision of this Code may be
fined, suspended or removed from office or employment, as the case may be, in
the manner provided by law.
§ 16-7. Effective date.
This chapter
shall take effect September 9, 1997.
