Municipal Officers or Employees of the Village 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. Pursuant to the provisions of § 806
of the General Municipal Law, the Village Board recognizes that there
are rules of ethical conduct for public officers and employees that
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 Municipal Officers or Employees. These
rules will serve as a guide for official conduct of Municipal Officers
or Employees of the Village. The rules of ethical conduct of this
chapter, as adopted, will not conflict with, but will 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 or Employees.
This Code applies to the Municipal Officers or Employees of
the Village and will supersede any prior municipal code of ethics.
The provisions of this Code will 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 Municipality.
As used in this chapter, the following terms shall have the
meanings indicated:
Board
The governing board of a municipality and any municipal administrative
board (e.g., planning board, zoning of board of appeals), commission,
or other agency or body comprised of two or more Municipal Officers
or Employees.
Code
The Village's Code of Ethics.
Interest
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, or a lawful class of those residents
or taxpayers. A Municipal Officer or Employee is deemed to have an
interest in any private organization when the officer, the officer's
spouse, or a member of the officer's 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.
Municipal Officer or Employee
An officer or employee of the Village, 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 chief engineer or assistant chief engineer.
Relative
A spouse, parent, stepparent, sibling, stepsibling, sibling's
spouse, child, stepchild, uncle, aunt, nephew, niece, first cousin,
or household member of a Municipal Officer or Employee, and individuals
having any of these relationships to the spouse of the officer or
employee.
Every Municipal Officer or Employee of the Village shall be
subject to and abide by the following standards of conduct:
A. Prohibition on use of municipal position for personal or private
gain. No Municipal Officer or Employee will use his/her/their municipal
position or official powers and duties to secure a financial or material
benefit for him/her/themself, a relative, or any private organization
in which the Municipal Officer or Employee is deemed to have an interest.
B. Disclosure of interest in legislation and other matters.
(1) 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 him/her/themself, a relative,
or any private organization in which the Municipal Officer or Employee
is deemed to have an interest, the Municipal Officer or Employee will
disclose in writing the nature of the interest.
(2) The disclosure will 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.
(3) In the case of a person serving in an elective office, the disclosure
will be filed with the Village Board of the municipality. In all other
cases, the disclosure will be filed with the person's supervisor
or, if the person does not have a supervisor, the disclosure will
be filed with the Municipal Officer or Employee, or Board having the
power to appoint to the person's position. In addition, in the
case of a person serving on a Board, a copy of the disclosure will
be filed with the Board. Any disclosure made to a Board will be made
publicly at a meeting of the Board and must be included in the minutes
of the meeting.
C. Recusal and abstention.
(1) 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 the Municipal Officer or Employee knows or has reason
to know that the action could confer a direct or indirect financial
or material benefit on him/her/themself, a relative, or any private
organization in which the Municipal Officer or Employee is deemed
to have an interest.
(2) In the event that this section prohibits a Municipal Officer or Employee
from exercising or performing a power or duty:
(a)
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; or
(b)
If the power or duty is vested in a Municipal Officer individually,
then the power or duty will be exercised or performed by his/her/their
deputy or, if the Municipal Officer does not have a deputy, the power
or duty will be performed by another person to whom the Municipal
Officer may lawfully delegate the function.
(c)
If the power or duty is vested in a Municipal Employee, he/she/they
must refer the matter to his/her/their immediate supervisor, and the
immediate supervisor will designate another person to exercise or
perform the power or duty.
D. Prohibition inapplicable; disclosure, recusal and abstention not
required.
(1) This Code's prohibition on use of a municipal position, disclosure
requirements, and requirements relating to recusal and abstention,
will not apply with respect to the following matters:
(a)
Adoption of the Village's annual budget;
(b)
Any matter requiring the exercise of discretion that directly
affects any of the following groups of people or a lawful class of
such groups:
[1]
All Municipal Officers or Employees;
[2]
All residents or taxpayers of the Village or an area of the
Village; or
(c)
Any matter that does not require the exercise of discretion.
(2) Recusal and abstention will not be required with respect to any matter:
(a)
Which comes before a Board when a majority of the Board's
total membership would otherwise be prohibited from acting by the
recusal and abstention provision of this Code;
(b)
Which comes before a Municipal Officer when the Municipal Officer
would be prohibited from acting by the recusal and abstention provision
of this Code and the matter cannot be lawfully delegated to another
person.
E. Investments in conflict with official duties.
(1) No Municipal Officer or Employee may acquire the following investments:
(a)
Investments that can be reasonably expected to require more
than sporadic recusal and abstention under the recusal and abstention
provision of this Code; or
(b)
Investments that would otherwise impair the person's independence
of judgment in the exercise or performance of his/her/their official
powers and duties.
(2) This section does not prohibit a Municipal Officer or Employee from
acquiring any other investments or the following assets:
(a)
Real property located within the Village and used as his/her/their
personal residence;
(b)
Less than 5% of the stock of a publicly traded corporation;
or
(c)
Bonds or notes issued by the Village and acquired more than
one year after the date on which the bonds or notes were originally
issued.
F. Private employment in conflict with official duties. No Municipal
Officer or Employee, during his/her/their 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:
(1) Can be reasonably expected to require more than sporadic recusal
and abstention pursuant to the recusal and abstention provision of
this Code;
(2) Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a Municipal Officer or
Employee;
(3) Violates § 805-a(1)(c) or (d) of the General Municipal
Law; or
(4) Requires representation of a person or organization other than the
Village in connection with litigation, negotiations or any other matter
to which the Village is a party.
G. Future employment.
(1) No Municipal 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 Municipal 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.
(2) 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 Village office, Board,
department, or comparable organizational unit for which he/she/they
serve(s).
(3) No Municipal Officer or Employee, at any time after serving as a
Municipal Officer or Employee, may represent or render services to
a private person or organization in connection with any particular
transaction in which he/she/they personally and substantially participated
while serving as a Municipal Officer or Employee.
H. Personal representations and claims permitted. This Code will not
be construed as prohibiting a Municipal Officer or Employee from:
(1) Representing him/her/themself, or his/her/their spouse or minor children
before the Village; or
(2) Asserting a claim against the municipality on his/her/their own behalf,
or on behalf of his/her/their spouse or minor children.
I. Use of village resources.
(1) Village resources will be used for lawful Village purposes. Village
resources include, but are not limited to, Village personnel, and
the Village's money, vehicles, equipment, materials, supplies,
or other property.
(2) No Municipal Officer or Employee may use or permit the use of Village
resources for personal or private purposes, but this provision will
not be construed as prohibiting:
(a)
Any use of Village resources authorized by law or Village policy;
(b)
The use of Village resources for personal or private purposes
when provided to a Municipal Officer or Employee as part of his/her/their
compensation; or
(c)
The occasional and incidental use during the business day of
Village telephones and computers for necessary personal matters such
as family care and changes in work schedule.
(3) No Municipal Officer or Employee will cause the Village to spend
more than is reasonably necessary for transportation, meals, or lodging
in connection with official travel.
J. Interests in contracts.
(1) No Municipal Officer or Employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
(2) Every Municipal Officer or Employee will disclose interests in contracts
with the Village at the time and in the manner required by § 803
of the General Municipal Law.
K. Nepotism. Except as otherwise required by law:
(1) 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 Village or a Board of the Village.
(2) No Municipal Officer or Employee may supervise a relative in the
performance of the relative's official powers or duties.
L. Political solicitations.
(1) No Municipal Officer or Employee will directly or indirectly 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.
(2) No Municipal Officer or Employee may act or decline to act in relation
to appointing, hiring, 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.
M. Confidential information. No Municipal Officer or Employee who acquires
confidential information in the course of exercising or performing
his/her/their official powers or duties may disclose or use the information
unless the disclosure or use is required by law or in the course of
exercising or performing his/her/their official powers and duties.
N. Gifts.
(1) No Municipal Officer or Employee will solicit, accept, or receive
a gift in violation of § 805-a(1)(a) of the General Municipal
Law as interpreted in this section.
(2) No Municipal Officer or Employee may directly or indirectly solicit
any gift.
(3) 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:
(a)
The gift reasonably appears to be intended to influence the
Municipal Officer or Employee in the exercise or performance of his/her/their
official powers or duties;
(b)
The gift could reasonably be expected to influence the Municipal
Officer or Employee in the exercise or performance of his/her/their
official powers or duties; or
(c)
The gift is intended as a reward for any official action on
the part of the Municipal Officer or Employee.
(4) 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 a Municipal
Officer or Employee during the twelve-month period preceding the receipt
of the most recent gift.
(a)
A gift to a Municipal Officer or Employee is presumed to be
intended to influence the exercise or performance of his/her/their
official powers or duties when the gift is from a private person or
organization that seeks Village action involving the exercise of discretion
by or with the participation of the Municipal officer or Employee.
(b)
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 Village action involving
the exercise of discretion by or with the participation of the Municipal
Officer or Employee during the preceding 12 months.
(5) This section does not prohibit any other gift, including:
(a)
Gifts made to the Village;
(b)
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;
(c)
Gifts given on special occasions, such as marriage, illness,
or retirement, which are modest, reasonable, and customary;
(d)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(e)
Awards and plaques having a value of $150 or less, which are
publicly presented in recognition of service as a Municipal Officer
or Employee, or other service to the community; or
(f)
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.
It is hereby required that Municipal Officers or Employees,
shall annually file a statement of financial disclosure in such form
as may be promulgated from time to time by the Village Board, with
the Board of Ethics and Village Clerk or Administrator. The financial disclosure statement shall be filed on or
before the 15th day of May with respect to the preceding calendar
year, unless otherwise permitted to be filed at another time.
In addition to any penalty contained in any other provision
of law, any person who knowingly and intentionally violates any of
the provisions of this Code may be censured, fined, suspended, or
removed from office or employment, as the case may be, in the manner
provided by law.