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."
A.
It is fundamental that Village government must provide
fair, impartial, open and lawful administration of the Village. To
accomplish this goal, it is necessary that the Village have qualified
Village residents to serve as its elected officers and that all Village
officers and employees:
(1)
Be impartial, independent and responsible to the residents
of the Village.
(2)
Observe in their official acts the highest ethical
standards of government and faithfully discharge the duties of their
offices so that the public shall have the highest regard for the integrity
of its government and Village officers and employees.
(3)
Make government decisions in the proper channels of
government and govern the Village in an open and nonsecretive manner.
(4)
Avoid conflicts of interest in their official acts.
B.
The assurance of ethical conduct will continue to
rely primarily on the personal integrity of the officers and employees
themselves, on the commitment of elected and appointed officers and
on the vigilance of the community. The standards and guidelines set
forth in this Code of Ethics is an additional step toward providing
the highest caliber of public administration for the government of
the Village and increased confidence in its public officers. For these
reasons, a Code of Ethics is hereby established.
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:
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.
A representational communication in any form, whether personally
or through another person.
The Valley Stream Board of Ethics.
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.
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.
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.
A meeting of the Board of Ethics not open to the general
public.
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.
Any action performed in a prescribed manner where there is
no exercise of judgment or discretion as to the propriety of the action.
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.
Any individual, corporation, partnership, unincorporated
association, and all other entities.
A husband or wife of the Village officer or employee.
The Village of Valley Stream and all departments and agencies
thereof.
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:
Village Justice, Associate Justice or Acting
Justice.
Auxiliary Police or Civil Defense Volunteer.
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.
Except as otherwise provided in this Code of Ethics,
no Village officer or employee shall:
(1)
Act as an attorney, agent, broker, employee, consultant
or representative for any person in connection with any business dealing
that person has with the Village, other than seeking or obtaining
a ministerial act for such person.
(2)
Take or refrain from taking any discretionary action
or agree to take or refrain from taking any discretionary action or
induce or attempt to induce any other Village officer or employee
to take or refrain from taking any discretionary action on any matter
before the Village when the Village officer or employee knows or has
reason to know that taking such action or refraining from taking such
action will financially benefit (or if the applicant is):
(a)
Himself or herself;
(b)
A family member;
(c)
A partnership, unincorporated association or
sole proprietorship of which the Village officer or employee (or a
family member of the Village officer or employee) is a member or employee
or in which he or she (or a family member) has a proprietary interest;
(d)
A corporation of which the Village officer or
employee (or a family member of the Village officer or employee) is
an officer or director or of which he or she (or the family member)
legally or beneficially owns more than 5% of the outstanding stock;
(e)
A person with whom the Village officer or employee
(or a family member) has an employment, professional, business or
financial relationship; or
(f)
A person from whom the Village officer or employee
(or his or her spouse) has received during the previous 24 months
a financial or material benefit having an aggregate value greater
than $2,000.
(3)
Appear before the Village except on behalf of the
Village or on his or her own behalf. This subsection shall only apply
to officers and employees who are elected or who are paid by the Village.
(4)
Appear as attorney or counsel against the interests
of the Village in any matter in which the Village is a party or complainant,
except as permitted in this Code of Ethics.
(5)
Use any confidential information acquired in the course
of his or her official duties to financially benefit himself or herself
or any other person and shall not (except where disclosure is required
by law or is made pursuant to a New York State Whistleblower Statute[1]) disclose (during his or her term of office or thereafter)
any such confidential information to any person who is not a Village
officer or employee unless such person is authorized to receive such
information. However, nothing herein shall prohibit a Village officer
or employee who is or was the subject of an ethics complaint or investigation
from disclosing any information relating to such complaint, investigation
or the disposition thereof.
[1]
Editor's Note: See Civil Service Law § 75-b
and Labor Law § 740.
(6)
For a period of 2 years after the termination of his
or her term of office or employment with the Village, appear or practice
before the Village, except as permitted in this Code of Ethics; however,
the ban shall be permanent as to any particular matter upon which
he or she took any action or that came before him or her during his
or her term of office or employment with the Village.
(7)
Knowingly acquire, solicit, negotiate for or accept
any interest, employment or other thing of value which would put him
or her in violation of this Code of Ethics.
(8)
Induce or aid another Village officer or employee
to violate any of the provisions of this Code of Ethics.
B.
Except as provided in this Code of Ethics, no partnership
or unincorporated association of which the Village officer or employee
is a member or employee or in which he or she has a proprietary interest
nor any corporation of which he or she is an officer or director or
of which he or she legally or beneficially owns or controls more than
5% of the outstanding stock shall appear before the particular Village
board or agency in which the Village officer or employee serves or
by which he or she is employed or appear before any other Village
board or agency if the Village officer or employee has the authority
to appoint any officer, employee or member of the board or agency
or to review, approve, audit or authorize any budget, bill, payment
or claim of the board or agency.
A.
No Village officer or employee shall directly or indirectly
solicit any gift or thing of value from any person, other than a family
member, who the Village officer or employee knows or has reason to
know is considering, has pending or, within the previous 24 months,
has or has had any business dealing with the Village that involves
any discretionary act by the Village officer or employee, or has received
or sought a financial benefit from the Village.
B.
Except as set forth in this Code of Ethics, no Village
officer or employee shall directly or indirectly agree to accept any
gift or thing of value having an aggregate value of more than $75
during any calendar year from any person, other than a family member,
who the Village officer or employee knows or has reason to know is
considering, has pending or, within the previous 24 months, has or
has had any business dealing with the Village that involves any discretionary
act by the Village officer or employee, or has received or sought
a financial benefit from the Village. As used herein, "financial benefit"
does not include a full or partial real property tax exemption authorized
by law or real property taxes that are or may be underassessed.
C.
A gift shall include money, services, licenses, permits,
contracts, authorizations, loans, travel, entertainment, hospitality,
thing or any promise thereof, including any financial transaction
or terms not available to the general public, but shall not include
a campaign contribution as authorized by law.
D.
Notwithstanding anything to the contrary, nothing
in this chapter shall be construed to prohibit a Village officer or
employee from receiving:
(1)
Gifts accepted on behalf of the municipality and transferred
to the municipality.
(2)
Awards from charitable organizations having any value
or hospitality from a charitable organization having an aggregate
value of not more than $250 during any calendar year.
(3)
Municipal services or benefits or the use of municipal
facilities that are generally available on the same terms and conditions
of the Village.
(4)
Hospitality provided to a Village officer or employee
by another governmental entity having an aggregate value of not more
than $250 any calendar year.
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.
A.
A Village officer or employee shall promptly recuse himself or herself from acting on a matter before the Village when the Village officer or employee knows or has reason to know that acting on the matter or failing to act on the matter will financially benefit (or where the applicant is) any of the persons listed in § 27A-5A(2).
B.
Whenever a Village officer or employee is required
to recuse himself or herself under this Code of Ethics, the Village
officer or employee shall promptly file with his or her immediate
supervisor, if any, and with the Village Clerk a signed statement
disclosing the reasons for such recusal or, if a member of a board,
shall state such information upon the public record of the board at
a public meeting.
C.
Nothing in this section shall be construed to require a Village officer or employee to recuse himself or herself or to file a disclosure statement in connection with any action excluded from this Code of Ethics pursuant to § 27A-8 or otherwise permitted by this Code of Ethics.
D.
If a body is reduced below the number of votes necessary
for such body to act by reason of the recusal required pursuant to
this section, the recusing member of such body or such body may apply
to the Board of Ethics for a waiver of the recusal requirement of
this section. Although recusal may be waived, the obligation to disclose
may not be waived by the Board of Ethics.
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.
A.
APPLICANT
SUBMISSION
For purposes of this section, the following terms
shall have the meanings herein ascribed:
Any person making a submission and also the owner of real
property that may be the subject of the submission.
Any written application for a variance or other approval
by the Board of Zoning Appeals or Planning Board or for a special
permit, special exception or change of zone or any employment application
or any written bid submitted to the Village where the amount of the
bid exceeds the statutory competitive bidding threshold.
B.
Any applicant who makes a submission to the Village
shall disclose, in writing, as part of the submission the name of
any Village officer or employee who, to the applicant's knowledge:
C.
For purposes of this section, a Village officer or
employee shall be deemed to have an interest in the submission or
in the applicant when the Village officer or employee:
(1)
Is the applicant;
(2)
Is a family member of the applicant;
(3)
Is an officer or director of or legally or beneficially
owns or controls more than 5% of the outstanding stock of the applicant;
(4)
Has or, to the applicant's knowledge, intends to enter
into an employment, professional, business or financial relationship
with the applicant or any principal of the applicant;
(5)
Has received from the applicant, with the previous
24 months, a financial or material benefit having an aggregate value
greater than $2,000; or
(6)
Will receive, pursuant to an agreement between the
applicant and any person, a financial or material benefit if the Village's
disposition of the submission is favorable to the applicant;
