Sections
14-1 through
14-27 of the Code of the Village of Lynbrook shall constitute the Code of Ethics of the Village of Lynbrook and may hereinafter be referred to and known as the "Code of Ethics."
It is fundamental that village government must
provide fair, impartial, open and lawful administration of the village.
To accomplish this goal, it is necessary that the village have qualified
village residents to serve as its elected officers and that all village
officers and employees:
A. Be impartial, independent and responsible to the residents
of the village.
B. Observe in their official acts the highest ethical
standards of government and faithfully discharge the duties of their
offices so that the public shall have the highest regard for the integrity
of its government and its village officers and employees.
C. Make government decisions in the proper channels of
government and govern the village in an open and nonsecretive manner.
D. Avoid conflicts of interest in their official acts.
Although the assurance of ethical conduct will
continue to rest primarily on the personal integrity of the officers
and employees themselves, on the commitment of elected and appointed
officers and on the vigilance of their community, the establishment
of the standards and guidelines set forth in this Code of Ethics is
an additional step toward providing the highest caliber of public
administration for the government of the Village of Lynbrook and increased
confidence in its public officers.
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For these reasons, a Code of Ethics is hereby
established.
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In the event of any conflict between the provisions
of this Code of Ethics and the provisions of the General Municipal
Law of the State of New York,-that imposing the stricter standard
shall control. In any case in which it is unclear which is the stricter
standard, the provisions of this Code of Ethics shall control.
When used in this Code of Ethics, the following
terms shall have the meanings indicated:
AGENCY
Any office, board, body, commission, department or division
of the village.
APPEAR and APPEAR BEFORE
A representational communication in any form, whether personally
or through another person, relating to a business dealing.
BUSINESS DEALING
A.
Having or providing any contract, service or
work with the village;
B.
Buying, selling, renting, leasing or otherwise
acquiring from or dispensing to the village any goods, services or
property; or
C.
Applying for, petitioning, requesting or obtaining
any nonministerial approval or any grant, loan, license or other privilege
from the village.
CONFIDENTIAL INFORMATION
Information intended by the village to be held in confidence and which is not subject to disclosure pursuant to Article 6 of the Public Officers Law (the Freedom of Information Law) or Article 7 of the Public Officers Law (the Open Meetings Law). "Confidential information" includes, but is not limited to, all information acquired by a village officer or employee in connection with an ethics complaint or referral or the disposition thereof, except as set forth in §
14-19.
DISCRETIONARY ACT or DISCRETIONARY ACTION
Any action involving the exercise of judgment or discretion
by a village officer or employee, either individually or as a member
of any agency, and includes, but is not limited to, negotiation, approval,
advice, recommendation, authorization or audit. "Discretionary act"
and "discretionary action" do not include actions taken by a village
police officer, Fire Department member or other village officer or
employee in the course of a police or fire response or in the course
of responding to an actual emergency situation.
FAMILY MEMBER
A spouse (as defined in this Code of Ethics) of a village
officer or employee or a child, stepchild, grandchild, brother, sister,
parent, dependent, member of his or her household, or the spouse of
any of them, or any other person related either biologically or by
marriage to a village officer or employee or to the spouse of the
village officer or employee.
MINISTERIAL ACT
An action performed in a prescribed manner where there is
no exercise of judgment or discretion as to the propriety of the action.
PARTICULAR MATTER
Any business dealing with the village, or any application
for such business involving a discretionary act of a village officer
or employee, or any case, proceeding, determination, investigation,
charge, accusation or arrest or any other matter involving a discretionary
act of a village officer or employee, but does not include the proposal,
consideration or enactment of local laws, ordinances, resolutions
or regulations.
PERSON
Includes associations, partnerships, firms, corporations,
governmental or other entities, as well as individuals.
SPOUSE
A husband or wife of the village officer or employee, as
well as a former spouse after legal separation or after dissolution
of their marriage.
VILLAGE
The Village of Lynbrook and all departments and agencies
thereof.
VILLAGE OFFICER OR EMPLOYEE
Any officer or employee of the Village, whether paid or unpaid;
or any person authorized by the Mayor or the Village Board, whether
explicitly or implicitly, to act on behalf of the Village in the performance
of such services as procuring contracts, binding the Village to do
or to refrain from any act, or any similar authorized act. "Village
officer or employee" shall not include:
[Amended 3-5-2018 by L.L.
No. 3-2018]
A.
A Village Justice or Acting or Associate Village
Justice.
B.
Auxiliary police or civil defense volunteer
or volunteer fire fighter (except Chief of the Fire Department).
C.
A member of an advisory board, committee or
commission, but only if the advisory board, committee or commission
has no authority to implement its recommendations or to act on behalf
of the village or to restrict the authority of the village to act.
The following (without limitation by reason of specification) are
not considered to be an advisory board, committee or commission: the
Board of Trustees, the Architectural Review Board, the Zoning Board
of Appeals, the Library Board of Trustees, the Recreation Commission,
the Board of Ethics and the Planning Board, if one is established.
[Amended 6-20-2011 by L.L. No. 6-2011]
A Village officer or employee shall not engage
in any act in violation of a provision of this chapter which act is
in conflict or may reasonably appear to be in conflict with the performance
of his or her official duties.
Nothing in this Code of Ethics shall be construed to prohibit (or require disclosure or recusal of) a village officer or employee or prohibit a former village officer or employee (or any entity described in §
14-5B):
A. From receiving a village service or benefit or using
a village facility on the same terms and conditions as it is available
to residents of the village.
B. From performing or seeking any ministerial act on
behalf of himself or herself or any person.
C. Who is a person listed in § 11 of the Domestic
Relations Law from accepting any gift for the solemnization of a marriage
by that village officer or employee.
D. From timely filing any claim, account, demand or suit
against the village on behalf of himself or herself or his or her
spouse or child.
E. From seeking any discretionary action on his or her
own behalf.
F. From participating in or advocating any public policy
position in an official or legislative capacity.
G. From performing any action specifically authorized
or required by local law, statute, rule, regulation or other law of
the United States, the State of New York or the village of Lynbrook
or other governmental entity having jurisdiction over the village
of Lynbrook.
Any contract or agreement entered into by or
with the village which resulted in or from a violation of this Code
of Ethics shall be null and void and unenforceable unless such contract
or agreement is ratified by the Board of Trustees at a public meeting.
Transactional disclosure statements filed pursuant to §
14-10 of this Code of Ethics shall be public records and shall be indexed and maintained on file in an appropriate manner by the Village Clerk. Upon filing of a disclosure statement, the Village Clerk shall promptly transmit a copy of such disclosure statement to the Board of Ethics, the Mayor and Trustees and the Village Attorney. The Village Clerk shall retain disclosure statements for the same time period as is required for the retention of minutes of a public meeting, but for not less than seven years from the date of filing.
The following records shall be available for
public inspection:
A. Transactional disclosure statements.
B. Applicant disclosure statements.
C. Rules and regulations of the Board of Ethics.
D. Final dispositions of the Board of Ethics that find
an officer or employee to have violated any provision of the Code
of Ethics, after the complainant's name and identifying information
and all other nonessential personal information is deleted.
F. Advisory opinions issued (and redacted) pursuant to §
14-17A(5).
G. Educational materials and annual reports.
The village or the Ethics Board may initiate
a proceeding in the Supreme Court of the State of New York for injunctive
relief to enjoin a violation of this Code of Ethics or to compel compliance
with this Code of Ethics.
Any person, whether or not a village officer
or employee, who knowingly violates any provision of this Code of
Ethics shall be liable in damages to the village for any losses or
increased costs incurred by the village as a result of the violation.
Such damages may be imposed in addition to any other penalty contained
in this Code of Ethics.
Any person aggrieved by a decision of the Board
of Ethics may seek judicial review and relief pursuant to Article
78 of the Civil Practice Law and Rules.
The Village Clerk shall cause this Code of Ethics
to be distributed to every village officer and every village employee.
Each such person who enters government service after this distribution
shall receive a copy of this Code of Ethics before entering upon his
or her duties and shall sign a statement that he or she has received
the same. Within 60 days after the effective date of this Code of
Ethics, the Village Clerk shall obtain a similar signed statement
from every village officer and every village employee whose office
or employment predates this Code of Ethics.
Should any section, clause or requirement of
this Code of Ethics be found by a court of competent jurisdiction
to be unenforceable or unlawful or invalid, that section, clause or
requirement shall be severed from this Code of Ethics and the remainder
shall continue in full force and effect.
If any clause, sentence, paragraph, word, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be unconstitutional, illegal or invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph,
word, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
The existing Code of Ethics of the Village of
Lynbrook is hereby repealed; however, nothing herein shall impair
the validity of any action taken or to be taken pursuant to such existing
Code of Ethics with respect to any violation occurring before the
effective date of this chapter.