Village of Lindenhurst, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 12-14-1970 (Ch. 22 of the 1968 Code of the Village of Lindenhurst). Sections 10-2 and 10-3A, I, J, K and L amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 7.
Officers and employees — See Ch. 19.

§ 10-1 Purpose.

Pursuant to the provisions of § 806 of the General Municipal Law, the Village Board of the Village of Lindenhurst 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 Lindenhurst. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Lindenhurst. 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.

§ 10-2 Definitions.

As used in this Code of Ethics, the following terms shall have the meanings indicated:
INTEREST
A pecuniary or material benefit accruing to:
A. 
A municipal officer or employee.
B. 
A municipal officer's or employee's spouse, minor children and dependents.
C. 
A firm, partnership or association of which such officer or employee is a member or employee.
D. 
A corporation of which such officer or employee is an officer, director or employee.
E. 
A corporation any stock of which is accrued or controlled, directly or indirectly, by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of Lindenhurst, 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 municipal fire chief.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 10-3 Standards of conduct.

Every officer or employee of the Village of Lindenhurst shall be subject to and abide by the following standards of conduct:
A. 
Gifts.[1]
(1) 
He shall not, directly or indirectly, solicit any gift, 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.
(2) 
He shall not, directly or indirectly, accept or receive any gift having a value of $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, 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]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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 of which he is an officer, member or employee or of 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 his 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 Village Board and any officer or employee of the Village of Lindenhurst, whether paid or unpaid, who participates in the discussion or gives official opinion to the Village Board on any legislation before the Village Board 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.
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 interests when such employment or services create a conflict with or impair 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 Lindenhurst 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.
I. 
Disclosure of interest in building concerns. Every member of the Village Board, Board of Zoning Appeals, Planning Board and any other public official, whether elected or appointed, shall publicly disclose on the official record the nature and extent of any direct or indirect interest in a construction business or concern involved with the improvement, alteration or development of real property located within the Village of Lindenhurst and/or any interest he or his spouse may have in real property located in the Village of Lindenhurst, whether or not the ownership of the same is in an individual, assumed or corporate name (except for single-family residences where no change of zone or variance has been involved), and said disclosure shall be made annually every year on the first Monday in April and shall cover the period dating back for a period of five years from the date of the disclosure. The disclosure statement shall contain the following information:
[Added 1-10-1974[2]]
(1) 
The date of the transaction.
(2) 
A description of the property.
(3) 
The amount received as a fee, commission or gratuity and whether it was in the form of money, stock or any other remuneration.
(4) 
Who participated or shared in said fee or commission.
(5) 
The name of the purchaser and the seller.
(6) 
Whether or not the official or his spouse at that time or at the present time was a duly licensed real estate broker of the State of New York.
(7) 
Whether or not the official or his spouse owned an interest in said property, either legal or equitable. (If answered in the negative, the facts which form the basis for sharing in said commission or fee shall be set forth.) The official shall set forth whether or not said real property had been affected by any change in the Zoning Map[3] and Zoning Code[4] of the Village of Lindenhurst and/or whether said real property has been the subject of any request for a variance of any kind dating back for a period of five years.
[3]
Editor's Note: The Zoning Map is on file in the office of the Village Administrator Clerk.
[4]
Editor's Note: See Ch. 193, Zoning.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
J. 
Zoning. Every member of the Village Board, Board of Zoning Appeals, Planning Board and any other public official, whether elected or appointed, shall publicly disclose on the official record whether or not he or his spouse has shared in, received or participated, directly or indirectly, in any way, by virtue of fee, commission, gratuity or otherwise, any change of zone or any real estate transaction in the Village of Lindenhurst dating back for a period of five years. If the answer is in the affirmative, the official is to set forth the following:
[Added 1-10-1974[5]]
(1) 
The description of the property.
(2) 
The amount received as a fee, commission or gratuity.
(3) 
Who received or participated in said fee or commission.
(4) 
The date of the change in the zoning.
(5) 
The owner of said property at the time of said change.
(6) 
What was the zoning prior to and subsequent to the granting of the change of zone.
(7) 
The market value prior to and market value subsequent to said change of zone.
(8) 
The name of the applicant and the representative who presented the application.
[5]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
K. 
Litigation. Every member of the Village Board, Board of Zoning Appeals, Planning Board and any other public official, whether elected or appointed, shall publicly disclose on the official record whether or not he or his spouse has received, shared in or participated, directly or indirectly, by gratuity or otherwise, in any fee or settlement in which the village was a litigant dating back for a period of five years. If the answer is in the affirmative, the following shall be disclosed:
[Added 1-10-1974[6]]
(1) 
If litigation has been instituted, the date, caption, court calendar and index number, when possible.
(2) 
If the matter had not gone to litigation, whether or not the lawsuit had been settled in claim or prior to trial, the name of the parties and the date of settlement.
(3) 
In the event that the village was not a plaintiff, the name and address of the plaintiff's attorney shall be stated and the amount he received as a fee and the amount received as a fee or commission by gratuity or otherwise.
(4) 
Who received or participated in said fee or commission. If related, how related.
(5) 
If the official or his spouse is licensed as an attorney and counselor at law pursuant to the laws of the State of New York.
[6]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
L. 
Variance and special exceptions. Every member of the Village Board, Board of Zoning Appeals, Planning Board and any other public official, whether elected or appointed, shall publicly disclose on the official record whether or not he or his spouse has shared in, received or participated, directly or indirectly, in any way, by virtue of fee, commission, gratuity or otherwise, any variance of any real property in the Village of Lindenhurst dating back for a period of five years. If the answer is in the affirmative, the official is to set forth the following:
[Added 1-10-1974[7]]
(1) 
The description of the property (street description).
(2) 
The amount received as a fee, commission or gratuity.
(3) 
Who received or participated in said fee or commission.
(4) 
The date of the variance.
(5) 
The owner of said property at the time of said variance.
(6) 
What was the status prior to and subsequent to the granting of the variance.
(7) 
The market value prior to and market value subsequent to said variance.
(8) 
The name of the applicant and the representative who presented the application.
[7]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 10-4 Filing of claims or suits against village.

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 Village of Lindenhurst or any officer or employee 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.

§ 10-5 Distribution of copies.

The Mayor of the Village of Lindenhurst 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.

§ 10-6 Establishment of Board of Ethics.

[Amended 5-2-1989 by L.L. No. 4-1989]
There is hereby established a Board of Ethics consisting of at least three members to be appointed by the Village Board, who shall serve without compensation and at the pleasure of the Village Board. A majority of such members shall be persons other than officers or employees of the Village of Lindenhurst, but they shall include at least one member who is an elected or appointed officer or employee of the Village of Lindenhurst.

§ 10-7 Powers and duties of Board.

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 of Lindenhurst with respect to Article 18 of the General Municipal Law and any Code of Ethics adopted pursuant to such Article, under such rules and regulations as the Board 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 Village Board.

§ 10-8 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.