The Board of Trustees of the Village of Mamaroneck recognizes
that it must establish high standards of ethical conduct for officers,
elected and appointed board, commission and committee members and
employees of the Village so as to promote public confidence in the
integrity of local government. It is the purpose of this chapter to
establish those standards while affording those persons to whom this
chapter applies clear guidance on ethical standards, requiring public
disclosure of interests that may influence or appear to influence
the actions of Village officers, board, commission and committee members
and employees and providing for the fair and effective administration
of this chapter, including the protection of those who make good faith
disclosure of suspected unethical or wrongful conduct.
This chapter is enacted pursuant to § 806 of the General
Municipal Law of the State of New York and § 10 of the Municipal
Home Rule Law. It is not intended to authorize any conduct prohibited
by Article 18 of the General Municipal Law or any other general or
special law or conduct relating to conflicts of interest, ethical
conduct and interests of covered persons, as that term is defined
in this chapter, in contracts. To the extent this chapter is inconsistent
with the provisions of § 808 of the General Municipal Law,
the more restrictive provision applies.
As used in this chapter, the following terms shall have the
meanings indicated:
APPEAR/APPEAR BEFORE
Communicating in any form, including, without limitation,
in person or through another person or business entity, by letter,
email, facsimile, telephone or other means of communication.
APPLICANT
A person who applies to be employed by the Village or a person
or business entity that applies for a zoning change, variance, special
permit, site plan approval, subdivision approval, license or other
approval or permit under the Code of the Village of Mamaroneck.
BUSINESS DEALING
Having or providing any contract, service, or work with or
to the Village or buying, selling, renting, leasing or otherwise acquiring
from or dispensing to the Village any goods, services, or property.
BUSINESS ENTITY
A corporation, limited liability company, limited liability
partnership, partnership, sole proprietorship or other business or
a not-for-profit corporation or other organization.
CONFIDENTIAL INFORMATION
Information in any format that is 1) prohibited from disclosure
by federal, state or local law or ordinance or by resolution of the
Board of Trustees; or 2) exempt from mandatory disclosure under the
New York State Freedom of Information Law (FOIL); or 3) not required
to be discussed in a public meeting under the New York State Open
Meetings Law. Confidential information includes, but is not limited
to, nonpublic information such as requests for proposals or bid specifications
prior to publication and bids or responses to requests for proposals
submitted by persons or business entities.
COVERED PERSON
Members of the Village Board of Trustees, employees, officers,
and consultants of the Village, members of Village agencies, whether
compensated or uncompensated, except where otherwise provided in this
chapter or by Article 18 of the General Municipal Law. Volunteer firefighters,
auxiliary police officers and civil defense volunteers other than
Fire Chiefs and Assistant Fire Chiefs are not covered persons.
CUSTOMER/CLIENT
Any person or any business entity to whom or to which a covered
person has sold or supplied goods or services to the Village during
the previous 12 months having, in the aggregate, a value greater than
$1,000, and any covered person or business entity whose outside employer
or business entity has supplied goods or services to the Village during
the previous 24 months having, in the aggregate, a value greater than
$1,000, but only if the person knew or had reason to know the outside
employer or business entity supplied such goods or services to the
Village.
DEBAR
To prohibit a recipient from participating in Village procurement
contracts.
DEPENDENT
Any person whom the covered person claims as dependent for
income tax purposes.
DESIGNATED PERSON
Any covered person who is required to file an annual disclosure
statement.
DISCRETIONARY ACTION
Any act involving the exercise of judgment or discretion
by a covered person, either individually or as a member of any board,
body, department, commission, or committee.
INTEREST
Any participation, connection or involvement which may result
in a direct or indirect pecuniary or material benefit accruing to
a covered person. For the purpose of this chapter, a covered person
has a direct interest in the affairs of a relative, a business entity
in which a covered person is a member, partner, owner, director, officer
or employee or a corporation, in which 5% or more of the corporation's
stock is owned or controlled, directly or indirectly, by a covered
person.
RELATIVE
A spouse, domestic partner, parent, stepparent, sibling,
half-sibling, stepsibling, spouse of a sibling, child, stepchild,
uncle, aunt, nephew, niece, first cousin of a covered person, and
any other person who resides in the home of or is a dependent of a
covered person.
TRANSACTION
Any business dealing with or any application, petition, request
or receipt of any approval, grant, loan, license, permit, or other
privilege from any Village agency.
VILLAGE AGENCY
Any board, commission, committee, council, or other body
established, operated, or funded by the Village or by the Village
jointly with one or more other municipalities or government entities,
including, but not limited to, the Village Board of Trustees, Planning
Board, Zoning Board of Appeals and Harbor and Coastal Management Commission.
VILLAGE CONSULTANT
Any individual, group or firm which renders services on behalf
of the Village to any Village officer, Board of Trustees, Planning
Board, Board of Appeals or any other village agency.
At its first meeting each year, the Ethics Board must elect
a Chair for that year from among its members. A majority of the total
number of authorized members of the Ethics Board is required for it
to take any action. The Chair or a majority of the Ethics Board may
call a meeting of the Ethics Board, and the Ethics Board must meet
at least quarterly.
The Village Clerk-Treasurer must promptly transmit to the Ethics
Board each disclosure statement that has been filed with the Clerk-Treasurer
and must index the disclosure statements, maintain them on file for
not less than six years, and make them available for public inspection
and copying.