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Chapter 4 - Ethics, Code
of
§ 4-1.
§ 4-2.
§ 4-3.
§ 4-4.
§ 4-5.
§ 4-6.
§ 4-7.
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Legislative intent.
Definitions.
Standards of conduct.
Exception for certain claims.
Distribution of Code of Ethic.
Penalties for offenses.
Effective date.
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[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale
12-14-70 as Ord. No. 74. Amendments noted where applicable.]
§ 4-1. Legislative intent.
Pursuant to the provisions of Section 806 of the General
Municipal Law, the Incorporated Village of Farmingdale 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 ordinance to promulgate these rules of ethical conduct for the
officers and employees of the Incorporated Village of Farmingdale. These rules
shall serve as a guide for official conduct of the officers and employees of the
Incorporated Village of Farmingdale. The rules of ethical conduct of this
ordinance, 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.
§ 4-2. Definitions.
MUNICIPAL OFFICER or EMPLOYEE - An officer or employee of the
Incorporated Village of Farmingdale, 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 chief engineer or
assistant chief engineer.
INTEREST - A pecuniary or material benefit accrued to a
municipal officer's or employee's:
| A. |
Spouse, minor children and dependents.
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| B. |
A firm, partnership or association of
which such officer or employee is a member or employee.
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| C. |
A corporation of which such officer or
employee is an officer, director or employee.
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| D. |
A corporation any stock of which is
accrued or controlled directly or indirectly by such officer or
employee.
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§ 4-3. Standards of conduct.
Every officer or employee of the Incorporated Village of
Farmingdale 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 twenty-five dollars ($25.) 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, in
the performance of his official duties or was intended as a reward for
any official action on his part.
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| 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.
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| 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 of which he is an officer, member or
employee, or of any municipal agency over which he has juridiction or to
which he has the power to appoint any member, officer or employee.
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| 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 his municipality
whereby his compensation is to be dependent or contingent upon any
action by such agency with respect to such mater, provided that this
paragraph shall not prohibit the fixing at any time of fees based upon
the reasonable value of the services rendered.
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| E. |
Disclosure of interest in legislation.
To the extent that he knows thereof, a member of the Board of Trustees
of the Incorporated Village of Farmingdale, and any officer or employee
of the Incorporated Village of Farmingdale, 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 on the official record the nature and extent of any direct or
indirect financial or other private interest he has in such legislation.
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| F. |
Investment 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.
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| G. |
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.
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| H. |
Future employment. He
shall not, after the termination of service or employment with such
municipality, appear before any board or agency of the Incorporated
Village of Farmingdale in relation to any case, proceeding or
application in which he personally participated during the period of his
service or employment, or which was under his active consideration.
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§ 4-4. Exception for certain claims.
Nothing herein shall be deemed to bar or prevent the timely
filing by a present or former municipal officer or employee of any claim,
account, demand or suit against the Incorporated Village of Farmingdale, 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.
§ 4-5. Distribution of Code of Ethics.
The Village Clerk of the Incorporated Village of Farmingdale
shall cause a copy of this Code of Ethics to be distributed to every officer and
employee of the Incorporated Village of Farmingdale within fifteen (15) days
after the effective date of this ordinance. Each officer and employee elected or
appointed thereafter shall be furnished a copy before entering upon the duties
of his office or employment.
§ 4-6. 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
provisions of this code may be fined, suspended or removed from office or
employment, as the case may be, in the manner provided by law.
§ 4-7. Effective date.
This ordinance shall take effect January 1, 1971.
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