[HISTORY: Adopted by the Board of Trustees
of the Village of Poquott 11-18-2004 by L.L. No. 3-2004; amended in its entirety 8-8-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
Officers and employees of the Village of Poquott hold their
positions to serve and benefit the public, and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Board of Trustees of the Village of
Poquott recognizes that, in furtherance of this fundamental principle,
there is a need for clear and reasonable standards of ethical conduct.
This Code of Ethics establishes those standards in accordance with
the requirements of Chapter 18 of the New York State General Municipal
Law.
A.
It is the intent of the Board of Trustees of the Village of Poquott
by the adoption of this chapter:
(1)
To enable and require the officers and employees of the Village to
act fairly, impartially, without taint of conflict of interest and
without any appearance of conflict of interest in fulfilling their
public responsibilities;
(2)
To set clear guidelines for high standards of ethical conduct for
officers and employees of the Village;
(3)
To afford officers and employees of the Village clear guidance concerning
such standards, including specific guidance in the form of advisory
opinions;
(4)
To promote public confidence in the integrity of the government and
administration of the Village and its agencies and administrative
offices;
(5)
To facilitate consideration of potential ethical problems before
they arise, minimize unwarranted suspicion, and enhance the accountability
of government to the people;
(6)
To provide fair and speedy resolution of questions and complaints
concerning the conduct of officers and employees of the Village;
(7)
To protect the public from unethical conduct and to protect the officers
and employees of the Village from frivolous claims;
(8)
To educate the public, officers and employees of the Village regarding
this Code of Ethics.
As used in this chapter, the following terms shall have the
meanings indicated:
Any Village authority, agency, board, bureau, commission,
committee or council created by law or appointed by the Board of Trustees
or Mayor, except for an advisory committee.
Communicating in any form, including, without limitation,
personally, through another person, by letter, by telephone or by
electronic communication, with or without compensation.
Any gain or advantage to the beneficiary, and includes any
gain or advantage to a third person pursuant to the desire or consent
of the beneficiary, and any promise thereof. The term "benefit" does
not include campaign contributions authorized by law.
Any person to whom a Village officer or employee or a Village
officer's or employee's outside employer or business has
supplied goods or services during the previous 24 months, but only
if the officer or employee knows or has reason to know the outside
employer or business supplied the goods or services.
This Code of Ethics (Chapter 15 of the Poquott Village Code).
Any individual, association, partnership or corporation or
any employee or agent thereof who has been retained to assist any
board or agency in the discharge of its duties. "Consultant" shall
also include any business partner, employer or members of the consultant's
firm or company.
As defined in Article 18 of General Municipal Law, any claim,
account or demand against or agreement with the Village, express or
implied.
Any person who held at any time in the past any position
described in the definition of a "Village officer or employee."
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
Village or an area of the Village of Poquott, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he or she, his
or her spouse, or a member of his or her household, is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
A paid or unpaid officer or employee of the Village of Poquott
including, but not limited to, the members of any municipal board.
The Incorporated Village of Poquott. The word "municipal"
refers to the Village of Poquott.
Any entity in which the Village officer or employee anticipates
or has reason to anticipate obtaining or receiving an ownership interest;
or
Any person from whom or from which the Village officer or employee
receives compensation, or anticipates or has reason to anticipate
receiving compensation, for services rendered or goods sold or produced;
or
Any entity, other than the Village, of which the Village officer
or employee is a member, officer, director, or employee, or with which
the Village officer or employee anticipates or has reason to anticipate
becoming a member, officer, director, or employee within the next
24 months; or
Any entity in which the Village officer or employee has an ownership
interest; or
Any entity in which the Village officer or employee anticipates
or has reason to anticipate obtaining or receiving an ownership interest;
or
Any activity, person or entity described in Subsections A through E above with which the Village officer or employee ceased to have any involvement or participation, or ceased to hold any position, or from which the Village officer or employee ceased to receive any compensation within a period of less than 24 months from the date when the Village officer or employee disclosed the termination of the outside employer or business relationship to the Board of Ethics pursuant to § 15-15.
Any case, proceeding, application, request for a ruling or
benefit, determination, contract limited to the duration of the contract
as specified therein, investigation, charge, accusation, arrest or
other similar action which involves a specific party or parties, including
actions leading up to a particular matter, provided that a particular
matter shall not be construed to include the proposal, consideration
or enactment of local laws or resolutions by the Board of Trustees,
or any action on the budget.
A human being, a public or private corporation, an unincorporated
association, a partnership, a government or a governmental instrumentality.
A spouse, child, step-child, son- or daughter-in-law, brother,
sister, parent, brother-in-law, sister-in-law, parent-in-law, niece
or nephew of the Village officer or employee, as well as any person
claimed as a dependent on the Village officer's or employee's
most recently-filed state personal income tax return.
Any other Village officer or employee over whose activities
he or she has direction or control, either directly or indirectly.
An officer or employee of the Village of Poquott, whether
paid or unpaid, elected or appointed, including members of any administrative
board, commission or other agency thereof.
This Code of Ethics applies to the officers and employees of
the Village of Poquott, and shall supersede any prior Village of Poquott
municipal code of ethics. The provisions of this chapter shall apply
in addition to all applicable state and local laws relating to conflicts
of interest and ethics, including, but not limited to, Article 18
of the General Municipal Law and all rules, regulations, policies
and procedures of the Village of Poquott.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any private organization
in which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before
a municipal officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
relative, or any private organization in which he or she is deemed
to have an interest, the municipal officer or employee shall disclose
in writing the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the municipal officer or employee, or when the
municipal officer or employee first acquires knowledge of the interest
requiring disclosure, whichever is earlier.
C.
In the case of a person serving in an elective office, the disclosure
shall be filed with the governing board of the Village of Poquott.
In all other cases, the disclosure shall be filed with the person's
supervisor or, if the person does not have a supervisor, the disclosure
shall be filed with the municipal officer, employee or board having
the power to appoint to the person's position. In addition, in
the case of a person serving on a municipal board, a copy of the disclosure
shall be filed with the board. Any disclosure made to a board shall
be made publicly at a meeting of the board and must be included in
the minutes of the meeting.
A.
No municipal officer or employee may participate in any decision
or take any official action with respect to any matter requiring the
exercise of discretion, including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board.
(2)
If the power or duty is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer does not have a deputy, the power or duty
shall be performed by another person to whom the officer may lawfully
delegate the function.
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position, disclosure
requirements, and requirements relating to recusal and abstention,
shall not apply with respect to the following matters:
A.
No municipal officer or employee may acquire the following investments:
B.
This section does not prohibit a municipal officer or employee from
acquiring any other investments or the following assets:
(1)
Real property located within the municipality and used as his or
her personal residence;
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the municipality and acquired more than
one year after the date on which the bonds or notes were originally
issued.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A.
Can be reasonably expected to require more than sporadic recusal
and abstention pursuant to this chapter;
B.
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C.
Violates § 805-a(1)(c) or (d) of the General Municipal
Law; or
D.
Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
A.
No Village officer or employee may ask for, pursue or accept a private
post-government employment opportunity with any person or organization
that has a matter requiring the exercise of discretion pending before
the Village officer or employee, either individually or as a member
of a board, while the matter is pending or within the 30 days following
final disposition of the matter.
B.
No municipal officer or employee, for the two-year period after serving
as a municipal officer or employee, may represent or render services
to a private person or organization in connection with any matter
involving the exercise of discretion before the municipal office,
board, department or comparable organizational unit for which he or
she serves.
C.
No Village officer or employee, at any time after serving as a Village
officer or employee, may represent or render services to a private
person or organization in connection with any particular transaction
in which he or she personally and substantially participated while
serving as a Village officer or employee.
This chapter shall not be construed as prohibiting a municipal
officer or employee from:
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel,
and the municipality's money, vehicles, equipment, materials,
supplies or other property.
A.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
B.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by § 803 of the General Municipal Law.
Except as otherwise required by law:
A.
No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the municipality or a municipal board.
B.
No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
A.
No municipal officer or employee shall directly or indirectly to
compel or induce a subordinate municipal officer or employee to make,
or promise to make, any political contribution, whether by gift of
money, service or other thing of value.
B.
No municipal 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 municipal officer or employee, or an applicant for a position
as a municipal 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.
A.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.
B.
Members of the Board of Trustees may not record conversations with
or make recordings of other board members or residents without their
knowledge or consent.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a(1)(a) of the General Municipal
Law as interpreted in this section.
B.
No municipal officer or employee may directly or indirectly solicit
any gift.
C.
No municipal officer or employee may accept or receive any gift,
or multiple gifts from the same donor, having an annual aggregate
value of $75 or more when:
(1)
The gift reasonably appears to be intended to influence the officer
or employee in the exercise or performance of his or her official
powers or duties;
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3)
The gift is intended as a reward for any official action on the part
of the officer or employee.
D.
For purposes of this section, a "gift" includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail
cost of the item or a comparable item. The fair market value of a
ticket entitling the holder to food, refreshments, entertainment,
or any other benefit is the face value of the ticket, or the actual
cost to the donor, whichever is greater. Determination of whether
multiple gifts from a single donor exceed $75 must be made by adding
together the value of all gifts received from the donor by an officer
or employee during the twelve-month period preceding the receipt of
the most recent gift.
E.
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his or her official powers
or duties when the gift is from a private person or organization that
seeks municipal action involving the exercise of discretion by or
with the participation of the officer or employee.
F.
A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding 12 months.
G.
This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as
a municipal officer or employee, is the primary motivating factor
for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee,
or other service to the community; or meals and refreshments provided
when a municipal officer or employee is a speaker or participant at
a job-related professional or educational conference or program and
the meals and refreshments are made available to all participants.
A.
Elected and appointed officials of the Village of Poquott shall maintain
a standard of conduct in their undertaking of their official duties
and actions in the Village so as to conform with their obligations
under their oath of office and to provide for the proper operation
of the Poquott Village government.
B.
Elected and appointed officials shall not commit repeated violations
of state law or of the Poquott Village Code, or maintain a status
of violation of law or code for a period of time without resolution
by the official. In the event of committing a violation, the official
shall make a good faith effort to remove the violation as soon as
the official is notified of the violation. Violation of this section
shall be deemed to be a willful violation of the oath of office of
the official.
C.
Elected and appointed officials shall cooperate with the efficient
operation of the government of the Village of Poquott and shall make
a good faith effort to perform the duties and shall attend every meeting
of their position. In the event that a meeting must be missed the
official shall notify the Village Clerk or Village Mayor at a reasonable
time in advance of the meeting so as to not inconvenience the residents
or the Board or to interfere with the proper administration of the
Village government.
A.
There is hereby established a Board of Ethics for the Village of
Poquott.
B.
The Board of Ethics shall consist of five members, a majority of
whom shall not be officers or employees of the municipality, but at
least one of whom must be a municipal officer or employee. The members
of such Board of Ethics shall be appointed by the Mayor and approved
by the Board of Trustees, shall serve at the pleasure of the appointing
authority, and receive no salary or compensation for their services
as members of the Board of Ethics.
C.
The Board of Ethics shall render advisory opinions to the officers
and employees of the Village of Poquott with respect to Article 18
of the General Municipal Law and this chapter. Such advisory opinions
must be rendered pursuant to the written request of any such officer
or employee under such rules and regulations as the Board of Ethics
may prescribe. The Board of Ethics shall have the advice of legal
counsel employed by the Board, or if none, the municipality's
legal counsel. In addition, the Board of Ethics may make recommendations
with respect to the drafting and adoption of a code of ethics, or
amendments thereto, upon the request of the Board of Trustees of the
Village of Poquott.
D.
In the event that the Mayor does not appoint and or the Board of
Trustees does not approve the members of a Board of Ethics then the
Suffolk County Board of Ethics shall serve as the Village of Poquott
Board of Ethics.
A.
The Mayor of the Village of Poquott must promptly cause a copy of
this code, and a copy of any amendment to this code, to be posted
publicly and conspicuously in each building under the Village's
control. The code must be posted within 10 days following the date
on which the code takes effect. An amendment to the code must be posted
within 10 days following the date on which the amendment takes effect.
B.
The Mayor of the Village of Poquott must promptly cause a copy of
this code, including any amendments to the code, to be distributed
to every person who is or becomes an officer and employee of the Village
of Poquott.
C.
Every municipal officer or employee who receives a copy of this code
or an amendment to the code must acknowledge such receipt in writing.
Such acknowledgments must be filed with the Clerk of the Village of
Poquott, who must maintain such acknowledgments as a public record.
D.
The failure to post this code or an amendment to the code does not
affect either the applicability or enforceability of the code or the
amendment. The failure of a municipal officer or employee to receive
a copy of this code of ethics or an amendment to the code, or to acknowledge
receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.
This code takes effect on the date the adopting local law is
filed with the New York State Department of State.
