This chapter shall be known and cited as the "Ethics in Government
Law of the Village of Suffern" (repealing and replacing the former
Chapter 22 of the Code of Ethics of the Village of Suffern originally
adopted February 8, 1971).
In a democracy, government should be open, accessible, equitable
and efficient. Democratic government requires that elected officials
be independent, impartial and responsible to the people. Government
decisions and policy must be made through the appropriate channels
of government structure. Public office must not be used or be perceived
for personal gain. The public must have confidence in the integrity
of its government. In order to strengthen the democratic operation
of the Village of Suffern and to enhance public trust in that government,
this code requires disclosure of financial interests that may influence
or be perceived to influence the actions of elected officials, covered
employees or Village employees. Elected officials, covered employees
or Village employees hold office for the benefit of the public, and
their conduct must be of the highest standard. It is of the utmost
importance that all individuals covered by that law must be seen to
be acting solely in the public interest. Therefore, it is the intent
of this legislation to:
A. Establish high standards of ethical conduct for elected officials,
covered employees and Village employees.
B. Afford elected officials, covered employees and Village employees
clear guidance to such standards.
C. Promote public confidence in the integrity of Village government.
D. Require disclosure of financial interests that may influence or be
perceived to influence the actions of elected officials, candidates
for elected office and covered employees.
E. Facilitate consideration of potential problems before they arise,
minimize unwarranted suspicion and enhance the accountability of government
to the people.
As used in this chapter, the following terms shall have the
meanings indicated:
AGENCY
Any agency, department, division, board, commission or bureau
of the Village of Suffern.
BOARD
The Board of Ethics of the Village of Suffern.
BUSINESS/PROFESSIONAL DEALING AND/OR BUSINESS TRANSACTION
Having or providing any contract, service or work with the
Village; buying, selling, renting, leasing or otherwise acquiring
from or dispensing to the Village any goods, services or property;
or obtaining any approval, grant, loan, license, permit or other privilege
from the Village, excepting that by operation of law.
CANDIDATE FOR ELECTED OFFICE
A candidate for Village-wide office who receives the designation
of a party and who files a designating petition for nomination at
a primary election, or who receives the nomination of a party other
than at a primary election (whether or not for an uncontested office),
or who seeks independent nomination and who has not been designated
by a party to receive a nomination but files a designating petition,
or whose name appears on a primary or election ballot pursuant to
§ 6-148 of the Election Law. The terms "party," "designation,"
"primary election," "nomination" and "independent nomination," as
used herein, shall have the same meaning as those contained in § 1-104
of the Election Law.
COMPENSATION
Any money, thing of value or financial benefit conferred
in return for services rendered or to be rendered.
COVERED EMPLOYEES
The heads, other than elected officials, of any agency, department,
division, council, board, commission or bureau of the Village and
their deputies and assistants and the officers, employees and consultants
on annual retainers of such agencies, departments, divisions, boards,
bureaus, commissions or councils who hold policy-making positions
as determined by the Village Board and set forth in a written instrument
annexed hereto as Appendix I, which shall be filed with the Board of Ethics.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to an elected official, covered employee or Village employee, his
or her spouse, child or dependent, whether as a result of a contract
with the Village or otherwise.
LICENSING
Any agency activity respecting the grant, denial, renewal,
revocation, enforcement, suspension, annulment, withdrawal, recall,
cancellation or amendment of a license, permit or other form of permission
conferring the right or privilege to engage in a profession, trade
or occupation or any business or activity regulated by a regulatory
agency which, in the absence of such license, permit or other form
of permission, would be prohibited.
MINISTERIAL MATTER
An administrative act carried out in a prescribed manner
not allowing for substantial personal discretion.
RELATIVE
Such individual's spouse, child, stepchild, stepparent, or
any person who is a direct descendant of the grandparents of the reporting
individual or of the reporting individual's spouse.
REPRESENTATIVE CAPACITY
The presentation of the interests of a client or other person
pursuant to an agreement, express or implied, for compensation for
services.
SPOUSE
The husband or wife of the reporting individual unless living
separate and apart from the reporting individual with the intention
of terminating the marriage or providing for permanent separation
or unless separated pursuant to a judicial order, decree or judgment
or a legally binding separation agreement.
STEPCHILD
A child of one's husband or wife, but not born of the marriage.
UNEMANCIPATED CHILD
Any son, daughter, stepson or stepdaughter who is under the
age of 22, unmarried and living in the household of the reporting
individual.
VILLAGE EMPLOYEE
Any employee other than an elected official or covered employee
of the Village of Suffern, whether paid or unpaid.
Each elected official, covered employee and candidate for elected
office must file an annual financial disclosure statement containing
the information and in the form set forth as Appendix II hereto. Such statement shall be filed with the Board of
Ethics on or before the 15th day of May with respect to the preceding
calendar year, with the following exceptions:
A. A person who is subject to the reporting requirements of this section
and who timely filed with the Internal Revenue Service an application
for automatic extension of time in which to file his or her individual
income tax return for the immediately preceding calendar or fiscal
year shall be required to file such financial disclosure statement
on or before May 15, but may, without being subjected to any civil
penalty on account of a deficient statement, indicate with respect
to any item of the disclosure statement that information with respect
thereto is lacking but will be supplied in a supplementary statement
of financial disclosure, which shall be filed on or before the seventh
day after the expiration of the period of such automatic extension
of time within which to file such individual income tax return, provided
that failure to file or to timely file such supplementary statement
of financial disclosure or the filing of any incomplete or deficient
supplementary statement of financial disclosure shall be subject to
the notice and penalty provisions of this section respecting annual
statements of financial disclosure as if such supplementary statement
were an annual statement.
B. A person who is required to file an annual financial disclosure statement
with the Board and who is granted an additional period of time within
which to file such statement due to justifiable cause or undue hardship,
in accordance with required rules and regulations on the subject adopted
by the Board, shall file such statement within the additional period
of time granted.
C. Candidates for elected office shall file such annual financial disclosure
statement within seven days after the last day allowed by law for
the filing of primary election designating petitions; or the last
day allowed by law for the filing of independent nominating petitions;
or the date of the meeting of the party committee at which they are
nominated; or within seven days of receiving the designation or nomination
or independent nomination or otherwise becoming a candidate by virtue
of § 6-148 of the Election Law, as shall be applicable to
the form of their candidacy.
D. Any person required to file an annual financial disclosure statement
who commences employment after April 15 of any year shall file such
statement within 30 days after commencing employment.
E. A person who is required to file an annual financial disclosure statement
in more than one capacity need file only one such statement but must
observe the earliest filing date with respect to each of such capacities.
Notwithstanding anything to the contrary contained in this chapter,
the Village of Suffern hereby elects to remove itself from the ambit
of all of the provisions of § 812, other than Subdivision
3 of such section, of the General Municipal Law, in accordance with
the provisions of Subdivision 3 of such section.
Any person who induces any elected official, covered employee
or Village employee to take any action or refrain from taking any
action, which is in violation of this chapter, shall be guilty of
a Class A misdemeanor as that term is defined in the New York State
Penal Law and shall be barred from doing business with the Village
for a period of five years from the date of conviction.
Nothing herein shall be deemed to bar the timely filing by a
present or former elected official, covered employee or Village employee
of any claim, demand, or suit against the Village, made individually
or in a representative capacity, arising out of any personal injury
or property damage or from any lawful benefit, or from receiving a
municipal service or benefit that is generally available to the public.