The Valley Stream Board of Ethics is hereby
continued.
A.
All members of the Board of Ethics shall be residents
of the Village.
B.
No person may serve on the Board of Ethics while holding
other Village office or while being employed by or while receiving
financial compensation from the Village.
C.
A member of the Board of Ethics shall not hold office
in any political party or any independent body (as defined in the
Election Law of the State of New York) nor have held office in any
political party or independent body during the two-year period immediately
preceding his or her appointment to the Board of Ethics.
D.
Only persons ready, willing and able to perform their
responsibilities on the Board of Ethics in a completely impartial
and nonpartisan manner shall be eligible to be appointed to the Board
of Ethics.
A.
A member of the Board of Ethics may be removed by
the Mayor with the consent of the Board of Trustees after a public
hearing at which the reason(s) for such removal shall be presented
to the public and at which hearing the member of the Board of Ethics
sought to be removed shall have an opportunity to reply.
B.
Grounds for removal shall be substantial neglect of
duty, misconduct in office, inability to discharge the powers or duties
of office or violation of this Code of Ethics.
C.
Any action, decision or vote to remove a member of
the Board of Ethics pursuant to this section shall take place at a
regularly scheduled public meeting of the Board of Trustees at which
the Mayor shall disclose such removal and the reasons therefor.
D.
To ensure full voting strength and minimum quorum
requirements, a new member shall be appointed to the Board of Ethics
as soon as practicable, but not more than 45 days after removal of
a member of the Board of Ethics pursuant to this section or upon the
occurrence of a vacancy.
A.
At the first meeting of the Board of Ethics, and annually
thereafter, the members shall elect a Chairperson from among its membership.
A quorum consisting of not fewer than three members shall be necessary
for the Board to vote upon any matter. A concurring vote of at least
three members shall be required for affirmative action of the Board
of Ethics and to elect a Chairperson.
B.
The Chairperson or any three members may call a meeting
of the Board of Ethics.
C.
The Board may hold as many meetings as it deems necessary
or as shall be called by the Chairperson or any three members, provided
that a meeting of the Board of Ethics shall be held promptly after
the filing of a complaint alleging a violation of this Code of Ethics
or after referral by the Mayor or the Board of Trustees, at which
meeting such complaint shall be considered by the Board of Ethics,
as well as any other matters before it.
A.
The Board of Ethics shall have the following powers
and duties in addition to any other powers and duties set forth in
this Code of Ethics:
(1)
To prescribe and promote rules and regulations governing
its own internal organization and procedures in a manner consistent
with law and with this Code of Ethics.
(3)
To conduct hearings and recommend disciplinary action;
to assess penalties, to make referrals and to initiate actions and
proceedings pursuant to this Code of Ethics.
(5)
To render advisory opinions with respect to the interpretation or application of this Code of Ethics upon written request by any Village officer or employee or any applicant as defined in § 27A-12 of this Code of Ethics.
(6)
To review all transactional disclosure statements
and, if the Board determines that a statement is deficient or reveals
a possible or potential violation of the Code of Ethics, to notify
the person in writing of the deficiency or possible or potential violation
and of the penalty for failure to comply with this Code of Ethics.
B.
As to whether his or her own action might violate
a provision of this Code of Ethics, which advisory opinions shall
be available for public inspection. In rendering such advisory opinions,
the Board of Ethics shall omit all information identifying the requester
and all nonessential information in order to encourage free inquiry
by officers and employees for advisory opinions.
C.
The Village Attorney shall be utilized by the Board
of Ethics as counsel to the Board of Ethics, except he or she shall
be excused when he or she or the Board determines that he or she has
or may reasonably appear to have a conflict of interest. In such event,
the Deputy Village Attorney shall be utilized by the Board of Ethics
as counsel to the Board of Ethics. In the event that he or she has
or may reasonably appear to have a conflict of interest, the Mayor
(subject to the approval of the Board of Trustees) shall appoint counsel
for the Board of Ethics.
A.
Upon receipt of a complaint, sworn to upon penalty
of perjury and stated upon the personal knowledge of the complainant,
on forms prescribed by the Board of Ethics (and submitted in sealed
form to the Board of Ethics), or upon the written referral of the
Mayor, the Board of Trustees or the Village Attorney, the Board of
Ethics shall immediately notify and provide a copy of any such sworn
complaint or referral to the subject of the complaint. The Board of
Ethics may reject any sworn complaint that clearly has no merit and
may bar a complainant from submitting further sworn complaints where
the Board of Ethics finds that the complainant has repeatedly abused
the system.
B.
The Board of Ethics shall have the power and duty
to conduct any investigation necessary to carry out the provisions
of this Code of Ethics, subject to the requirements of due process
of law. In conducting any such investigation, the Board of Ethics
may administer oaths or affirmations, subpoena witnesses, compel their
attendance and require the production of books and records which it
may deem relevant and material. Such investigation shall be conducted
by the Board of Ethics in executive session.
C.
The subject of the investigation has a right to appear
before the Board of Ethics with counsel in executive session to question
witnesses or challenge documentary evidence that may be considered
by the Board of Ethics.
D.
Nothing herein contained shall be construed to permit
the Board of Ethics to conduct an investigation of itself or any of
its members. Should the Board of Ethics receive a sworn complaint
that the Board of Ethics or any of its members has violated any provisions
of this Code of Ethics or any other law, it shall promptly transmit
a copy of the complaint to the Mayor and Board of Trustees and to
the Village Attorney, who shall investigate the complaint and take
appropriate remedial action should the results of their investigation
so warrant. Any member of the Board of Ethics who is investigated
is entitled to the same protections afforded to all subjects pursuant
to this Code of Ethics.
The following records shall be available for
public inspection:
A.
Transactional disclosure statements.
B.
Applicant disclosure statements.
C.
Rules and regulations of the Board of Ethics.
D.
Final dispositions of the Board of Ethics that find
an officer or employee to have violated any provision of the Code
of Ethics, after the complainant's name and identifying information
and all other nonessential personal information is deleted.
E.
Waivers granted pursuant to § 27A-17A(4).
F.
Advisory opinions issued (and redacted) pursuant to § 27A-17A(5).
G.
Educational materials and annual reports.
A.
Any Village officer or employee who engages in an
action that violates any provision of this Code of Ethics may be warned,
reprimanded, suspended or removed from office or employment by the
appointing authority or be subject to any other sanction authorized
by law or collective bargaining agreement, subject to any rights such
Village officer or employee may have pursuant to statute, contract,
law, rule or regulation. A warning, reprimand, suspension, removal
or other authorized sanction may be imposed in addition to any other
applicable penalty contained in this Code of Ethics or any other provision
of law.
B.
In its discretion, after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law and collective bargaining agreements, the Board of Ethics may recommend appropriate disciplinary action pursuant to Subsection A of this section. The recommendation of the Board of Ethics shall be made in writing to the Mayor or to the Board or other person or body authorized by law to impose such sanction. The Board of Ethics shall conduct and complete such hearing with reasonable speed unless, in its discretion, the Board of Ethics refers the matter to the Mayor or other authority authorized by law to impose disciplinary action or unless the Board of Ethics refers the matter to the appropriate prosecutor. If such a referral is made, the Board of Ethics may adjourn the matter pending a determination by the authority, person, body or prosecutor.
C.
In its discretion and after a hearing providing for
due process, procedural mechanisms, the Board of Ethics may impose
a civil fine of up to $1,500 upon a Village officer or employee or
upon a former Village officer or employee. A civil fine may be imposed
in addition to any other penalty contained in any other provision
of law or in the Code of Ethics.
The Village or the Board of Ethics may initiate
a proceeding in the Supreme Court of the State of New York for injunctive
relief to enjoin a violation of this Code of Ethics or to compel compliance
with this Code of Ethics.
Any person, whether or not a Village officer
or employee, who knowingly violates any provision of this Code of
Ethics shall be liable in damages to the Village for any losses or
increased costs incurred by the Village as a result of the violation.
Such damages may be imposed in addition to any other penalty contained
in this Code of Ethics.
Any person aggrieved by a decision of the Board
of Ethics may seek judicial review and relief pursuant to Article
78 of the Civil Practice Law and Rules.
The Village Clerk shall cause Article I of this chapter to be distributed to every Village officer and every Village employee. Each such person who enters government service after the distribution shall receive a copy of Article I of this chapter before entering upon his or her duties and shall sign a statement that he or she has received the same. Within 60 days after the effective date of this chapter, the Village Clerk shall obtain a similar signed statement from every Village officer and every Village employee whose office or employment predates this chapter.
