[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 10-12-1999 by L.L. No. 2-1999.[1]]
[1]
Editor's Note: This local law also repealed
former Ch. 24, Ethics, Code of, adopted 5-28-1985 by L.L. No. 10-1985,
as amended.
Pursuant to the provisions of §§ 806
and 811 of the General Municipal Law, the Board of Trustees of the
Village of Rye Brook establishes these rules of ethical conduct for
municipal officers and employees as a guide to assist in maintaining
their proper conduct and to promote public confidence in our unit
of local government. The rules of ethical conduct of this chapter
shall not conflict with, but shall be in addition to, any provision
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. This chapter shall not be construed
to authorize conduct otherwise prohibited.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes without limitation any right, title, share or participation,
whether direct or indirect, in any thing from which a municipal officer
or employee may benefit. An officer or employee shall be deemed to
have a direct interest in the affairs of:
His/her spouse, dependents or minor children;
A business concern, partnership, corporation or association of which she or he, or any relation in Subsection A of this definition, is a member, partner, owner, director or employee;
A corporation in which any stock or other investment is owned or controlled by the officer or employee, or any relation in Subsection A of this definition. If the corporation is publicly owned, "interest" shall be defined as owning over $10,000 worth of stock.
Includes any official, officer or employee of the Village
of Rye Brook, whether paid or unsaid, part-time or full-time, including
members of any department, board, commission or other committee thereof.
The following are not included: independent contractors who are requested
to do work for the Village periodically under separate agreements
or contracts each project, volunteer or on-call fire fighters, auxiliary
police and civil defense volunteers.
The Village of Rye Brook.
Every officer or employee of the Village of
Rye Brook shall be subject to and abide by the following standards
of conduct:
A.
Gifts. No officer or employee shall, directly or indirectly,
solicit any gift, service or favor. No officer or employee shall accept
or receive any gift, service or favor valued over $75, in any form,
under circumstances in which it could reasonably be inferred that
the gift, service or favor was intended to influence him or her in
the performance of official duties, or was intended as a reward for
any official action.
B.
Disclosure of confidential information. No present
or former officer or employee shall disclose confidential information
acquired in the course of official duties, or use such information
to further personal or private interests of himself or herself or
others. Nor shall any present or former officer or employee engage
in any activity, including accepting employment, that will require
disclosure of confidential information which was gained in his or
her capacity as an officer or employee.
C.
Rendering of services. No officer or employee shall
render services to any individual, organization, business or association,
whether for compensation or not for compensation, relating to any
matter before any department, board, commission or committee to the
Village, except as a part of official responsibilities to that department,
board, commission or committee or as a function of the official position
of the officer or employee.
D.
Use of Village employees or property. No officer or
employee shall use Village property, perform services for or direct
any other Village officer or employee to perform services for any
person's personal convenience or profit. Nothing in this subsection
is meant to exclude the doing of business with the Village under contract
or otherwise after full disclosure, or the performance of or acceptance
of services available to the public generally.
E.
Private employment. No officer or employee shall engage
in, solicit, negotiate for or promise to accept private employment
or render services for private interests that create a conflict with
or impair the proper discharge of official duties.
F.
Political activities. No paid employee of the Village
shall solicit or receive for, make any contributions to or participate
in the management or campaign of any political party or candidate
for Village office. Nothing in this subsection is meant to interfere
with the employee's right as a citizen to express opinions privately
or to vote.
G.
Investments or other interests in conflict with official
duties. No officer or employee shall invest or hold any investment,
directly or indirectly, in any financial, business, commercial or
other private transaction that may create a conflict with or impair
the proper discharge of official duties. Conflicts shall be resolved
by the officer or employee refraining from being present during any
discussions or votes of the possible conflictual issue.
H.
Use of position to gain preferential treatment. No
officer or employee shall use or attempt to use his or her official
position to secure privileges or exemptions, or grant any special
consideration, treatment or advantage to any citizen beyond that which
is available to every other citizen.
I.
Post-service appearances before Village.
(1)
After the termination of service or employment with
this municipality, no former official or employee of the Village shall
appear before any department, board, commission or committee of the
Village:
(2)
Notwithstanding the foregoing, nothing herein shall
prohibit a former official or employee from appearing before the Village
on behalf of the former official or employee, or on behalf of a member
of the household or immediate family of the former official or employee.
A.
Village officials and employees filling the Village
positions listed below shall submit to the Village Clerk a completed
and signed annual financial disclosure statement, substantially as
set forth in this section, by June 1 in each year:
(1)
Mayor.
(2)
Trustees, all members.
(3)
Planning Board, all members.
(4)
Zoning Board of Appeals, all members.
(5)
Board of Architectural Review, all members.
(6)
Board of Ethics, all members.
(7)
Village Administrator.
(8)
Village Clerk.
(9)
Treasurer.
(10)
Deputy Treasurer.
(11)
Police Chief.
(12)
Police Lieutenant.
(13)
Superintendent of Parks and Recreation.
(14)
Superintendent of Public Works/Village Engineer.
[Added 9-11-2007 by L.L. No. 13-2007; amended 10-27-2020 by L.L. No. 9-2020]
(15)
Village Building Inspector.
[Added 9-11-2007 by L.L. No. 13-2007]
B.
The Village Clerk shall maintain the submitted annual
financial disclosure statements on behalf of and as directed by the
Ethics Board, which shall be the repository of such statements and
shall be authorized to promulgate rules and regulations regarding
the maintenance of such statements.
C.
At least 30 days prior to the required submission
date, the Village Clerk shall distribute an annual financial disclosure
statement with a sealable envelope to officials and employees required
to make disclosure, but failure to do so shall not excuse the timely
submission of an annual financial disclosure statement. The annual
financial disclosure statement shall be in form substantially as follows:
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ANNUAL FINANCIAL DISCLOSURE STATEMENT
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VILLAGE OF RYE BROOK
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YEAR:
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Last Name
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First Name
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Initial
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Title
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Department or Agency
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Work Address
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Phone No.
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If the Answer to any of the following questions
is "none," please so indicate.
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1.
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REAL ESTATE. List the following information
with respect to each piece of property that you, your spouse or child
own or have a financial interest in, located within the Village of
Rye Brook.
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Name of Family Member
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Relation-
ship to You
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Address of Real Estate
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Type of Interest (e.g., ownership, lease,
mortgage)
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2.
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YOUR EMPLOYER OR BUSINESS. List the name of
any employer or business from which you receive compensation for services
rendered, or goods sold or produced, or of which you are a member,
officer or employee.
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Identify the form of business, such as a partnership,
corporation, self-employment, or a sole proprietorship, the nature
of the business and list your relationship to the employer or business
(e.g., owner, partner, officer, director, member or employee).
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Disclosure of your financial investments, including
stocks, bonds, bank accounts, certificates of deposits, annuities,
and the like, is not required.
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Name of Employer or Business
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Nature of Business (e.g., retail store)
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Form of Business
(e.g.,
corpora-
tion, proprietor-
ship)
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Your
Relation-
ship
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3.
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YOUR SPOUSE'S EMPLOYER OR BUSINESS. List the
required information in question 2 for your spouse.
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Name of Employer or Business
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Nature of Business
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Type of Business
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Spouse's Relation-
ship
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NOTE: The information in this statement may
be subject to access under the Freedom of Information Law. If you
believe that any information in the statement should be kept confidential,
a separate sheet should be attached, identifying the confidential
information, and explaining why you believe the information should
be kept confidential.
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Date:
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Signed:
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D.
An official or employee required to submit an annual
financial disclosure statement shall receive an automatic twenty-day
extension by filing a written request with the Village Clerk by the
required submission date. Other extensions may be granted by the Board
of Ethics on application for good cause shown.
E.
An official or employee required to submit an annual
financial disclosure statement shall be excused from doing so in the
case of justifiable cause or undue hardship, for the duration thereof.
Justifiable cause or undue hardship shall include serious illness,
necessary travel, family emergency, personal incapacity or other like
circumstance, which prevents the timely submission of the annual financial
disclosure statement. An official or employee shall submit the required
annual financial disclosure statement within 20 days after the removal,
cessation or subsidence of such justifiable cause or undue hardship.
F.
If an official or employee required to submit an annual
financial disclosure statement fails to do so by the required time,
and there shall appear no adequate explanation excusing such failure,
the Ethics Board shall report such failure to the Board of Trustees
and may make such recommendation as deems warranted in the circumstances.
Every candidate for elected office of the Village
of Rye Brook shall, at least 30 days before the Village election,
file a sworn statement with the Village Clerk stating any entity in
which he or she has an interest that has done business with the Village,
as well as financial interests, real estate and other transactions
in which he or she participated in the Village of Rye Brook.
In addition to any penalty contained in any
other provision of law, the Ethics Board may recommend to the Board
of Trustees that any person who shall knowingly and intentionally
violate any of the provisions of this Code of Ethics be fined, suspended
or removed from office or employment for cause, in the manner provided
by law.
No officer or employee shall:
A.
Discriminate or cause involuntary segregation, or
permit to discriminate directly or indirectly, based upon gender,
race, religion, ethnicity, sexual orientation, marital status, parental
status or physically challenged status or allow the preceding to be
factors affecting the recruitment, selection, placement, assignment,
compensation or promotion of any officer or employee; or
The Mayor of the Village shall cause a copy
of this Code of Ethics to be distributed to every officer and employee
of the Village; copies shall also be distributed to any individual
seeking electoral or appointive office in the Village, employment
by the Village or any organization or business seeking to supply Village
with products or services.
A.
There shall be an Ethics Board of the Village to consist
of five members who will be appointed by the Board of Trustees to
serve at the pleasure of the appointing authority. The majority of
such members shall not be officers or employees of the Village. Members
of the Ethics Board shall serve without salary or compensation for
their services. If a member must miss a regularly scheduled meeting,
she or he shall advise the Chair in advance and shall, at the discretion
of the Chair, be recorded as "excused" for the meeting missed. In
the event that a member is absent for three regularly scheduled meetings
in any one calendar year, or without excuse for two consecutive meetings,
the Chair shall notify the Mayor, and the member shall be, unless
good cause shown, deemed to have resigned by the Board of Trustees,
and a replacement appointed for the balance of the term outstanding.
[Amended 3-23-2004 by L.L. No. 4-2004; 3-28-2006 by L.L. No.
8-2006]
B.
Pursuant to the written request of any officer or employee of the Village, or any resident of the Village, the Board shall render advisory opinions with respect to this Code of Ethics, consistent with Subsection C.
C.
The Ethics Board shall establish its own procedures,
though the procedures must include maintaining comprehensive records
of all of the opinions and proceedings. In order to protect the reputations
of the officers and employees, and to afford unhampered access to
the Ethics Board, these records and the subjects of its meetings shall
be deemed confidential. In all cases, where a violation of this Code
of Ethics is found, the final written opinion shall be reported to
the Board of Trustees and filed with the Village Clerk. In cases where
no violation is found, a final written opinion shall be sent to the
subject of the inquiry and to the inquirer.
D.
Members of the Board of Ethics shall observe the following
political activity guidelines during their membership on the Board
of Ethics:
[Added 8-14-2001 by L.L. No. 3-2001]
(1)
No Ethics Board member shall seek election or hold
any publicly elected Village office.
(2)
No Ethics Board member shall accept appointment to
fill an unexpired term of any Village public office normally filled
by election.
(3)
No Ethics Board member shall hold any Village political
party office.
(4)
No Ethics Board member shall work on, manage, or take
any active role in the political campaign of any candidate for any
elected Village office.
(5)
No Ethics Board member shall publicly endorse any
candidate for elected Village office.
(6)
No Ethics Board member shall contribute to any Village
candidate for elected Village office, or Village political party,
any sum over $100. Contributions of lesser sums must be done without
any publicity.
(7)
No Ethics Board member shall request any person to
make a contribution to the political campaign, or work on the political
campaign, of any candidate for any elected Village office.
(8)
No Ethics Board member shall sponsor or host any parties
or fundraisers for any candidate for an elected Village office.
