[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue 3-13-1995 by L.L. No. 5-1995 (Ch. 5A of the 1968
Code). Amendments noted where applicable.]
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 its 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.
Although the assurance of ethical conduct will continue
to rest primarily on the personal integrity of the officers and employees
themselves, on the commitment of elected and appointed officials and
on the vigilance of their community, the establishment of 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 of Patchogue 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 control.
When used in this Code of Ethics, the following
terms shall have the meaning indicated:
Any office, board, body, commission, department or division
of the Village.
A representational communication in any form, whether personally
or through another person, relating to a business dealing.
The Patchogue Village Board of Ethics.
Having or providing any contract, services or
work with the Village of Patchogue;
Buying, selling, renting, leasing or otherwise
acquiring from or dispensing to the Village of Patchogue any goods,
services or property; or
Applying for, petitioning, requesting or obtaining
any nonministerial approval or any grant, loan, license or the privilege
for the Village of Patchogue.
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 Meeting 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 § 40-19.
Any action involving the exercise of judgment, or discretion
by a Village 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 fire response or in the course or responding to an actual emergency.
A meeting of the Board of Ethics not open to the general
public.
A spouse (as defined in this Code of Ethics) 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.
An action preformed 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 Village officer
or employee, or any case, proceeding, determination, investigation,
charge, accusation or arrest or any other matter involving a discretionary
act of Village officer or employee, but does not include the proposal,
consideration or enactment of local laws, ordinances, resolutions
or regulations.
Includes associations, partnerships, firms, corporations,
governmental or other entities, as well as individuals.
A husband or wife of the Village officer or employee, as
well as a former spouse after legal separation or after dissolution
of their marriage.
The Village of Patchogue and all departments and agencies
thereof.
Any officer or employee of the Village, whether
paid or unpaid, as defined in Article 18 of the New York State General
Municipal Law.
"Village officer or employee" shall not include:
Auxiliary police or civil defense volunteer
or volunteer fire fighter (except for the Chief and Assistant Chiefs
of the Fire Department).
A member of any advisory board, committee or
commission, but only if the advisory board, committee or commission
has no authority to implement its recommendation or act on behalf
of the Village or to restrict the authority of the Village to act.
The following (without limitation by reason of specification) are
not considered to be an advisory board, committee or commission: The
Board of Trustees, the Zoning Board of Appeals, the Planning Board
or the Board of Ethics.[1]
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 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
wall financially benefit (or if the applicant is):
(a)
Himself or herself.
(b)
A family member.
(c)
A partnership, unincorporated association, professional
corporation 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 a family member)
legally owns or controls more than 5% of the outstanding stock.
(e)
A person with whom the Village officer or employee
(or his or her family member) has an employment, professional, business
or financial relationship.
(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 $1,000.
(3)
Appear as attorney or counsel or represent anyone
against the interests of the Village in any matter in which the Village
is a party or a complainant, except as permitted in the Code of Ethics.
(4)
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)
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.
(5)
For a period of one year 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 bar 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.
(6)
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.
(7)
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 professional
corporation, 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 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 if the Village officer 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 gifts 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 accept any gift or
thing of value having an aggregate value of more than $25 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
on terms not available to the general public, but shall not include
a campaign contribution authorized by law.
D.
Notwithstanding anything to the contrary, nothing
in this Code of Ethics shall be construed to prohibit a Village officer
or employee from receiving:
(1)
Gifts from another Village officer or employee having
value of not more than $250 during the calendar year.
(2)
Gifts accepted on behalf of the municipality and transferred
to the municipality.
(3)
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.
(4)
Municipal services or benefits or the use of municipal
facilities that are generally available on the same terms and conditions
to residents of the Village.
(5)
Hospitality provided to a Village officer or employee
by another governmental entity having an aggregate value of not more
than $250 during any calendar year.
A.
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.
B.
It is a fundamental principle that public officials
and employees should avoid circumstances which compromise their abilities
to make impartial judgments solely in the public interest. Even the
appearance of impropriety should be avoided in order to maintain public
confidence in government.
C.
In addition to the provisions found in this Code of
Ethics, the Board of Trustees states as a matter of policy that the
following principles should guide the acts and deliberations of the
members of the Board of Trustees, Zoning Board of Appeals, Planning
Board and Board of the Community Development Agency:
(1)
In the event that an application for site plan review,
subdivision approval, change of zone, a variance or special permit
involving property within 200 feet of property in which a Village
officer, employee or a family member of them has a financial, ownership
or leasehold interest, said Village officer or employee should excuse
himself or herself from any participation, comment, deliberation,
decision or vote with respect to such application.
(2)
No Village officer or employee should appear before
a Board of which he or she is not a member to present, support or
oppose an application unless the applicant is a Board member himself
or herself. No Board member should serve as the agent, representative
or advocate for any other applicant, nor should he or she execute
any affidavits with respect to such application.
(3)
Any Village officer or employee should disclose the
nature and extent of his or her interest in any application, be the
interest direct or indirect, financial or otherwise. In cases where
the disclosure of such interest may create in the mind of a reasonable
person an inference of a possible conflict of interest, appearance
of impropriety, undue influence or a lack of impartiality, such Village
officer or employee should excuse himself or herself from any participation,
comment, deliberation, decision or vote with respect to the application.
(4)
The merits of any application, and any modifications
thereof, should be discussed by a Board member with the applicant
only at a public meeting, or at such meeting as permitted by law.
D.
The overriding concern is that applications before
the various boards be dealt with objectively and fairly. In their
acts and deliberations, Village officials and employees should strive
to attain a just balance between the rights of the individual applicant
and the rights of the community at large. Public confidence in the
operations of government will be sustained where a sense of ethical
conduct is held paramount.
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 § 40-5B):
A.
From 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.
From performing or seeking any ministerial act on
behalf of himself or herself or any person.
C.
Who is a person listed in § 11 of the Domestic
Relations Law from accepting any gift for the solemnization of a marriage
by the Village officer or employee.
D.
From 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.
From seeking any discretionary action on his or her
own behalf.
F.
From participating in or advocating any public policy
position in an official or legislative capacity.
G.
From 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 Patchogue
or other governmental entity having jurisdiction over the Village
of Patchogue.
Any contract or agreement entered into by or
with the Village resulting in or from a violation of the Code of Ethics
shall be null and void and unenforceable unless such contract or agreement
is ratified by the Board of Trustees in 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 a reason to know that acting on the matter or failing to act on the matter will financially benefit (or when the applicant is) any of the persons listed in § 40-5A(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 information upon the public record
or 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 § 40-8 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 § 40-10 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 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
CAMPAIGN CONTRIBUTION
SUBMISSION
For the 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.
A contribution made directly to a candidate for the Village
elective office of any committee or independent body (as defined in
the Election Law of the State of New York) soliciting or receiving
funds for the purpose of supporting the candidacy of the Village officer
or employee for the office. Where contributions are made to a committee
or independent body which supports more than one candidate, the contribution
shall be considered to have been allocated equally between all candidates,
unless the entire contribution was earmarked for the use of a particular
candidate, in which case the entire contribution shall be attributable
to the candidate, or as specified by the contributor. For the purposes
of this section, a loan to a candidate or campaign committee shall
be considered a "campaign contribution."
Any written application for a variance or other approval
by the Board of Appeals or Planning Board or for a special permit,
special exception or change of zone or any employment application
or any written bid that exceeds the statutory competitive bidding
monetary threshold.
B.
Any applicant who makes a submission to the Village
shall disclose, in writing, as part of the submission:
(1)
The name of any Village officer or employee to whom
the applicant has made one or more campaign contributions totaling
$100 or more within the previous 24 months.
C.
For the purpose 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 a 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, within the previous
24 months, a financial or material benefit having an aggregate value
greater than $1,000.
(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.
A.
A Village Board of Ethics, consisting of three members,
is hereby established, the members of which shall be appointed by
the Mayor subject to the approval of the Board of Trustees. No more
than two members of the same political party may be appointed.
B.
The term of office of the members of the Board of
Ethics shall be three years and shall commence on the first Monday
in April of the year of appointment, except that, of the members first
appointed, one member shall be appointed for a three-year term, a
second member shall be appointed for a two-year term and a third for
a one-year term. An alternate member may be appointed who may take
part in the Board activities in the event of the absence or possible
conflict of interest of a regular member.
C.
The Village Ethics Board shall adopt rules and regulations
as to form and procedures and shall at all times maintain appropriate
records of its opinions and proceeding.
A.
All members of the Board of Ethics shall be residents
of the Village of Patchogue.
C.
A member of the Board of Ethics shall not hold office
in any independent body (as defined in the Election Law of the State
of New York) nor have held office in any independent body during the
three-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
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 thereof.
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 60 days after the 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 two members, shall be necessary
for the Board of Ethics to vote upon any matter. A concurring vote
of at least two members shall be required for affirmative action of
the Board of Ethics and to elect a Chairperson.
B.
The Chairperson or any two 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 two members, providing
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 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:
(2)
The Village Attorney shall be utilized by the Board
of Ethics as counsel to the Board of Ethics, except that 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 conflict of interest. In
such event, a special counsel shall be utilized by the Board of Ethics.
The Mayor, subject to the approval of the Board of Trustees, shall
appoint special counsel for the Board of Ethics.
(3)
To conduct hearing and recommend disciplinary action
and penalties, to make referrals and to initiate actions and proceeding
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 § 40-12 of this Code of Ethics, 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 regarding such advisory opinions, the Board of Ethics shall omit all information identifying the requestor and all nonessential information in order to encourage free inquiry by officers and employees for advisory opinions.
(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.
(7)
To make information concerning this Code of Ethics
available to all Village officers and employees, to the public and
to any person who is interested in doing business in the Village.
(8)
To prepare an annual report and recommend changes
to this Code of Ethics, if any.
(9)
To act as may be otherwise prescribed or permitted
by this Code of Ethics or by the General Municipal Law of the State
of New York, as amended.
B.
The termination of a Village officer's or employee's
term of office or employment with the Village shall not affect the
jurisdiction of the Board of Ethics with respect to the requirements
that this Code of Ethics imposed on the Village officer or employee
prior to such termination or with respect to the requirements that
this Code of Ethics continues to impose on the former Village officer
or employee after the termination of his or her term of office or
employment with the Village.
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), the Board of Ethics shall immediately
notify and provide a copy of such sworn complaint to the subject of
the complaint. The Board of Ethics may reject any sworn complaint
that clearly has not 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 or any action as covered under
Article 18 of the General Municipal Law, compel witness or Village
official or employee 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 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 alleging that
the Board of Ethics or any of its members 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 Trustees and to the Village
Attorney, who shall investigate the complaint and take appropriate
remedial action should 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.
E.
The Board of Ethics shall advise the Mayor and Trustees
of the disposition of every sworn complaint or referral that it receives
and of every related investigation that it conducts and shall set
forth its related finding, opinions and recommendations in writing;
provided, however, that the complainant's name and all identifying
and nonessential information shall be deleted from all such documents.
F.
The Board of Ethics shall promptly transmit copies
of its findings, opinions and recommendations to the subject of the
investigation and shall provide copies to the complainant after deleting
all nonessential personal information about the subject of the complaint
and identifying the subject of the complaint by case number only.
G.
All meeting or proceeding of the Board of Ethics concerning
an alleged ethical violation by a Village officer or employee shall
be held in executive session, except upon the request of the subject
officer or employee.
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 has violated any provision of the Code of Ethics,
after the complainant's name and identifying information and all other
nonessential personal information is deleted.
G.
Educational materials and annual reports.
A.
Any Village officer or employee who engages in an
action that violates any provision of the Code of Ethics may be warned,
reprimanded, suspended or removed from office or employment by the
appointing authority or be subjected to any 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 sanctions 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 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.[1]
C.
In its discretion and after a hearing providing for
due process procedural mechanisms, the Board of Ethics may recommend
a civil fine of up to $1,000 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 this Code of Ethics.
The Village 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.
To the extent permitted by the within chapter
and any other applicable statute, law, rule or regulation, 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 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 this Code of Ethics
to be distributed to every Village officer and every Village employee.
Each such person who enters government service after this distribution
shall receive a copy of this Code of Ethics before entering upon his
or her duties and shall sign a statement that he or she received the
same. Within 60 days after the effective date of this Code of Ethics,
the Village Clerk shall obtain a similar signed statement from every
Village officer and every employee whose office or employment predates
this Code of Ethics. Failure to distribute any such copy or failure
of any officer or employee to receive such copy shall have no effect
on the duty of compliance with such code nor the enforcement of provisions
thereof.
