[HISTORY: Adopted by the Village Board of
Trustees of the Village of Pleasantville 3-25-1996 by L.L. No. 2-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 21.
The proper operation of the village government
requires that its officers and employees be independent, impartial
and responsible to the people of the Village of Pleasantville; that
public office not be used for personal gain; that public officers
and employees maintain the highest standards of morality and discharge
faithfully the duties of their office, regardless of personal consideration;
and that the public has confidence in the integrity of its government
and the officers and employees thereof. In recognition of these goals,
there is hereby established a Code of Ethics for all officers and
employees of the Village of Pleasantville. In the event of any conflict
between the provisions of this chapter and the provisions of Article
18 of the General Municipal Law, the latter shall control.
For the purpose of this chapter, the terms used
herein are defined as follows:
Any claim, account or demand against or agreement with the
village, express or implied.
A participation, connection or involvement of any sort which
may result in a direct or indirect pecuniary or material benefit.
For the purposes of this chapter, the interests of a village official
or employee shall be deemed to include the interests of:
His or her family, which shall be deemed to
include his or her spouse, minor children, stepchild and dependents
or person residing with the officer or employee.
Any person, other than a bank, trust company
or other lending institution, with whom he or she has a substantial
debtor-creditor or other financial relationship.
Any person or entity by whom he or she is employed
or of which he or she is an officer, director or member.
Any entity of which the stock or other legal
or beneficial ownership is owned by him or her; provided, however,
that if the business dealings of such entity with the village form
an insubstantial part of the total business dealings, then this definition
shall only apply to such an entity if the village official or employee
owns more than 5% of the stock or other legal or beneficial ownership
of such entity.
Person or entity. Any individual, business proprietorship,
corporation, partnership, association, venture, individual in representative
or fiduciary capacity, estate, trust or other entity.
Each officer, volunteer or employee of the Village of Pleasantville,
whether paid or unpaid, whether elected or appointed, whether serving
in a full-time, part-time or advisory capacity. Volunteers whose responsibilities
do not give rise to possible violations of these rules shall not be
considered employees for the purpose of this chapter. The Village
Board of Trustees shall determine which volunteers shall be considered
employees for this purpose.
Any activity, application or proceeding which requires or
may require an official act or action of an officer or employee or
municipal board, agency or commission of the Village of Pleasantville.
A.
No village official or employee shall act in an official
capacity in connection with any transaction or contract in which he
or she has an interest.
B.
No paid village official or employee or his or her
family shall be or become involved, directly or indirectly, in any
manner whatsoever, in any business dealings with the village; provided,
however, that this subsection shall not prohibit:
(1)
Any such official or employee or his or her spouse
or minor child from owning less than 5% of the stock of or from being
employed by any person whose business dealings with the village form
an insubstantial part of its total business, as long as such village
official or employee has no direct connection with such business dealings,
receives no substantial part of the benefit thereof and takes no active
part in connection therewith.
(2)
Any spouse or minor child of any such paid village
official or employee from being employed by the village.
C.
No village official or employee or his or her family
shall invest, directly or indirectly, in any financial, business,
commercial or other private undertaking which creates a conflict with
his or her official duties.
D.
No village official or employee or his or her family
shall engage in any business or profession or accept private employment
or render any service for private interest which creates a conflict
with his or her official duties.
E.
No village official or employee shall use or attempt
to use his or her official position to give or secure privileges or
exemptions for himself or herself or others not available to others.
F.
No village official or employee shall use any confidential
information received by him or her in the course of his or her duties
as a village official or employee to further the interests of himself
or herself or others, nor shall any village official or employee divulge
any confidential information so received.
G.
No village official or employee shall, with or without
compensation, represent, directly or indirectly, any person in connection
with any transaction or contract before any village agency, board
or court. This subsection shall not be applicable in transactions
where:
(1)
Such official or employee represents solely his or
her personal interests.
(2)
The representation is by the spouse or other family
member of a village official or employee and it is not before the
village board or court of which the relative is an official or employee;
provided, however, that such representation shall not otherwise violate
any other provisions of this chapter. Disclosure shall be made on
the public record, except that no disclosure shall be required where
a transaction is mandated by state law.
H.
Political solicitations.
[Amended 5-23-2023 by L.L. No. 4-2023]
(1)
No officer or employee shall directly or indirectly solicit, attempt
to compel, or induce a subordinate officer or employee to make, or
promise to make, any political contribution, whether by gift of money,
service or other thing of value.
(2)
No officer
or employee may act or decline to act in relation to appointing, hiring
or promoting, discharging, disciplining, or in any manner changing
the official rank, status or compensation of any officer or employee,
or an applicant for a position as an officer or employee, on the basis
of the giving or withholding or neglecting to make any contribution
of money or service or any other valuable thing for any political
purpose.
(3)
No officer or employee shall directly or indirectly solicit, attempt
to compel, or induce to make, or promise to make, any political contribution,
whether by gift of money, service or other thing of value, from any
person who, to the knowledge of the officer or employee, has or, within
the previous 12 months, has had any business dealings with the Village
Board of Trustees or is reasonably expected to have business dealings
with the Village Board of Trustees in the next 12 months. This subsection
shall not prohibit a general solicitation to a class of persons.
I.
No officer or employee shall, directly or indirectly,
solicit or accept or receive any gift or item of personal or real
property or any interest therein, whether in the form of money, service,
loan, travel, entertainment, hospitality, thing or promise or in any
other form, under circumstances in which it could reasonably be inferred
that the gift or item of personal or real property or interest therein
was intended to influence him or her in the performance of his or
her official duties; could reasonably be expected to influence him
or her in the performance of his or her official duties; or was intended
as a reward for any official action on his or her part. Nothing herein
contained shall prohibit the receipt by candidates for public office
of otherwise lawful political contributions so long as such contributions
are not solicited during normal business hours or on village property.
J.
No officer or employee shall use or permit the use
of village property (including land, vehicles, equipment, materials
and other property) or personnel for personal convenience or profit,
except when such use is available to village citizens generally or
is permitted or provided as a matter of village policy.
[Amended 5-23-2023 by L.L. No. 4-2023]
K.
To the extent that an officer or employee knows thereof,
a member of the Village Board of Trustees and any other officer or
employee of the Village of Pleasantville who participates in the discussion
or gives official opinion to the Village Board of Trustees or any
other board, commission or agency or any legislation or other matter
under consideration before the Village Board of Trustees or any other
board, commission or agency shall publicly disclose on the official
record the nature and extent of any direct or indirect financial or
other private interest he or she has in such legislation.
L.
No officer or employee shall, after the termination
of service or employment with the Village of Pleasantville, appear
in a capacity which would enable him or her to derive personal gain,
financial or otherwise, before any municipal board, agency or commission
of the Village of Pleasantville in relation to any case, proceeding
or application in which he or she personally participated during the
period of his or her service or employment or which was under his
or her active consideration.
M.
Appearance
of impropriety.
[Added 5-23-2023 by L.L. No. 4-2023]
(1)
No officer
or employee shall engage in conduct which, in the judgement of a reasonable
person, would raise a concern that he or she has engaged, or will
engage, in acts that create an appearance of impropriety. An appearance
of impropriety means actions or decisions which:
(a)
Do
not fall under conflict of interest provisions set forth in the Code
of Ethics, but reasonably give rise to an implication that an action
is self-serving rather than impartial and considered solely with respect
to its impact on the Village and its citizens; or
(b)
Reasonably deprive a party appearing before a Village board
or commission of a required fair and impartial hearing or consideration
of a pending application or subject matter.
(2)
If it
is determined by an advisory opinion of the Ethics Board that the
conduct of an officer or employee does create or will create an appearance
of impropriety, the officer or employee shall immediately recuse himself
or herself from all discussions, deliberations and determinations
regarding the application or subject matter.
[1]
Editor's Note: Former § 14-4, Personal claim not
prohibited, was repealed 5-23-2023 by L.L. No. 4-2023.
A.
There is hereby created and established a Board of
Ethics consisting of three members, none of whom shall be members
of the Village Board of Trustees of the Village and none of whom shall
be officers or employees of the Village. All members shall be appointed
by a majority of the Village Board of Trustees. All members of the
Board of Ethics shall reside in the Village and shall serve without
compensation.
[Amended 7-12-2021 by L.L. No. 6-2021]
B.
Terms of office of members. Of the members first appointed
to the Board, one shall hold office for a term of one year, one for
a term of two years and one for the term of three years. Their successors
shall be appointed or reappointed for terms of three years from and
after the expiration of their terms.
C.
The members of the Board shall select a Chairperson
and, upon its formation, shall promulgate its own rules and regulations
as to its forms and procedures and shall maintain appropriate records
of its opinions and proceedings. The Village Clerk or Deputy Clerk
shall serve as Clerk to the Board of Ethics.
D.
The Board shall render advisory opinions to elected officials, officers
and persons appointed or employed by the Village with respect to this
chapter. Such opinions are to be rendered only pursuant to a written
request by the officer or employee whose conduct is in question, or
by the Village Board of Trustees or upon the Board's own initiative.
Any such request for an advisory opinion by the Board of Trustees
or upon the Board's own initiative shall be by a majority vote
of such board.
[Amended 5-23-2023 by L.L. No. 4-2023]
E.
Upon a request for an advisory opinion from the Village Board of
Trustees or upon the Board's own initiative, the Board shall
advise such officer or employee of the request and afford him or her
an opportunity to be heard, in person and in writing, before issuing
an advisory opinion with respect to such matter.
[Amended 5-23-2023 by L.L. No. 4-2023]
Any officer or employee who has an interest
in a transaction or contemplated transaction shall publicly disclose
on the official record the nature and extent of such interest.
The Village Administrator of the Village of
Pleasantville shall cause a copy of this Code of Ethics to be distributed
to every officer and employee of the Village of Pleasantville 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 or her office or employment.
A.
Any official or employee who shall willfully and knowingly
violate any provision of this chapter shall, upon conviction thereof
by a court of competent jurisdiction, be guilty of a violation and
be subject to a fine of not more than $100 for the first offense and
not more than $250 for each subsequent offense.
B.
Any official or employee who shall be convicted of
a violation of this chapter may be suspended or removed from office
or employment by the Village Board of Trustees.
C.
Any official or employee who shall violate any provision
of this chapter shall be liable for the payment to the village of
damages in the amount of any profit or gain realized by such person
from such violation.
D.
If, in connection with any transaction or contract,
a violation of any provision of this chapter shall occur, said transaction
or contract shall be voidable at the option of the Village Board of
Trustees.
E.
The penalties and liabilities created by this section
shall be cumulative.
[Added 7-12-2021 by L.L. No. 6-2021]
This chapter shall supersede any inconsistent provision of General
Municipal Law § 808 and, in particular, the provision regarding
the inclusion of an elected or appointed municipal officer or employee
on the Board of Ethics.
