Sections 1 through 27 of Chapter
27A of the Code of the Incorporated Village of Valley Stream shall constitute the Code of Ethics for the Incorporated Village of Valley Stream (the "Village") and may hereinafter be referred to and known as the "Code of Ethics."
In the event of any conflict between the provisions
of this Code of Ethics and the provisions of the General Municipal
Law of the State of New York, that imposing the stricter standard
shall control. In any case in which it is unclear which is the stricter
standard, the provisions of this Code of Ethics shall apply.
When used in Article
I, the following terms shall have the following meanings:
AGENCY
Any office, board, body, advisory body, council, commission,
department or division of the Village. It shall also include any special
district created to finance a Village improvement.
APPEAR or APPEAR BEFORE
A representational communication in any form, whether personally
or through another person.
BUSINESS DEALING
Any transaction having or providing any contract, service
or work with a municipality; or buying, selling, renting, leasing
or otherwise acquiring from or dispensing to a municipality any goods,
services or property; or applying for, petitioning, requesting or
obtaining any approval, grant, loan, license, permit or other privilege
from the community.
CONFIDENTIAL INFORMATION
Information intended by the Village to be held in confidence and which is not subject to disclosure pursuant to Article 6 of the Public Officers Law (the Freedom of Information Law) or Article 7 of the Public Officers Law (the Open Meetings Law). "Confidential information" includes, but is not limited to, all information acquired by a Village officer or employee in connection with an ethics complaint or referral or the disposition thereof, except as set forth in §
27A-19.
DISCRETIONARY ACT or DISCRETIONARY ACTION
Any action involving the exercise of judgment or discretion
by a municipal officer or employee, either individually or as a member
of any agency, and includes, but is not limited to, negotiation, approval,
advice, recommendation, authorization or audit. "Discretionary act"
and "discretionary action" do not include actions taken by a Fire
Department member or other Village officer or employee in the course
of a Police or Fire Department response or in the course of responding
to an emergency situation.
FAMILY MEMBER
A spouse of a Village officer or employee or a child, stepchild,
grandchild, brother, sister, parent, dependent member of his or her
household, or the spouse of any of them, or any person related either
biologically or by marriage to a Village officer or employee or to
the spouse of the Village officer or employee.
MINISTERIAL ACT
Any action performed in a prescribed manner where there is
no exercise of judgment or discretion as to the propriety of the action.
PARTICULAR MATTER
Any business dealing with the Village, or any application
for such business involving a discretionary act of a Village officer
or employee, or any case, proceeding, determination, investigation,
charge or any other matter involving a discretionary act of a Village
officer or employee, but does not include the proposal, consideration
or enactment of local laws, ordinances, resolutions or regulations.
PERSON
Any individual, corporation, partnership, unincorporated
association, and all other entities.
SPOUSE
A husband or wife of the Village officer or employee.
VILLAGE
The Village of Valley Stream and all departments and agencies
thereof.
VILLAGE OFFICER OR EMPLOYEE
Any official who has the authority, either alone or as a
member of an agency, to perform discretionary acts on behalf of the
Village with respect to any business dealing. "Village officer and
employee" shall not include:
A.
Village Justice, Associate Justice or Acting
Justice.
B.
Auxiliary Police or Civil Defense Volunteer.
C.
A member of any advisory board, committee or
commission, but only if the advisory board, committee or commission
has no authority to implement its recommendations or to act on behalf
of the Village or to restrict the authority of the Village to act.
The following are not considered to be an advisory board, committee
or commission: The Board of Trustees, the Zoning Board of Appeals,
the Library Board of Trustees, the Board of Ethics and the Planning
Board.
A Village officer or employee shall not engage
in any act which is in conflict or may reasonably appear to be in
conflict with the performance of his or her official duties.
Nothing in this Code of Ethics shall be construed to prohibit or require disclosure or recusal of a Village officer or employee or prohibit a former Village officer or employee or any entity described in §
27A-5B from:
A. Receiving a Village service or benefit or using a
Village facility on the same terms and conditions as it is available
to residents of the Village.
B. Performing or seeking any ministerial act on behalf
of himself or herself or any person.
C. Accepting any gift for the solemnization of a marriage,
provided that Village officer or employee is listed in § 11
of the Domestic Relations Law.
D. Timely filing any claim, account, demand or suit against
the Village on behalf of himself or herself or his or her spouse or
child.
E. Seeking any discretionary action on his or her own
behalf.
F. Participating in or advocating any public policy position
in an official or legislative capacity.
G. Performing any action specifically authorized or required
by local law, statute, rule, regulation or other law of the United
States, the State of New York or the Village of Valley Stream or other
governmental entity having jurisdiction over the Village of Valley
Stream.
Any contract or agreement entered into by or
with the Village which resulted in or from a violation of this Code
of Ethics shall be null and void and unenforceable unless such contract
or agreement is ratified by the Board of Trustees at a public meeting.
Transactional disclosure statements filed pursuant to §
27A-10 of this Code of Ethics shall be public records and shall be indexed and maintained on file in an appropriate manner by the Village Clerk. Upon filing of a disclosure statement the Village Clerk shall promptly transmit a copy of such disclosure statement to the Board of Ethics, the Mayor and Trustees and the Village Attorney. The Village Clerk shall retain the disclosure statements for the same time period as is required for the retention of minutes of a public meeting, but for not less than seven years from the date of filing.