Village of Patchogue, NY
Suffolk County
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Table of Contents
Table of Contents
[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.]
Sections 40-1 through 40-24 of the Code of the Village of Patchogue shall constitute the Code of Ethics of the Village of Patchogue 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 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:
AGENCY
Any office, board, body, commission, department or division of the Village.
APPEAR and APPEAR BEFORE
A representational communication in any form, whether personally or through another person, relating to a business dealing.
BOARD OF ETHICS
The Patchogue Village Board of Ethics.
A. 
Having or providing any contract, services or work with the Village of Patchogue;
B. 
Buying, selling, renting, leasing or otherwise acquiring from or dispensing to the Village of Patchogue any goods, services or property; or
C. 
Applying for, petitioning, requesting or obtaining any nonministerial approval or any grant, loan, license or the privilege for the Village of Patchogue.
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 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.
DISCRETIONARY ACT or DISCRETIONARY ACTION
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.
EXECUTIVE SESSION
A meeting of the Board of Ethics not open to the general public.
FAMILY MEMBER
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.
MINISTERIAL ACT
An action preformed 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 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.
PERSON
Includes associations, partnerships, firms, corporations, governmental or other entities, as well as individuals.
SPOUSE
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.
VILLAGE
The Village of Patchogue and all departments and agencies thereof.
A. 
Any officer or employee of the Village, whether paid or unpaid, as defined in Article 18 of the New York State General Municipal Law.
B. 
"Village officer or employee" shall not include:
(1) 
Auxiliary police or civil defense volunteer or volunteer fire fighter (except for the Chief and Assistant Chiefs of the Fire Department).
(2) 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. 
For the purposes of this section, the following terms shall have the meanings herein ascribed:
APPLICANT
Any person making a submission and also the owner of real property that may be the subject of the submission.
CAMPAIGN CONTRIBUTION
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."
SUBMISSION
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.
(2) 
The name of any Village officer or employee who, to the applicant's knowledge:
(a) 
Has an interest in the submission or in the applicant.
(b) 
Also is required to make any discretionary action on the submission.
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.
D. 
A copy of the applicant's disclosure statement shall be promptly filed with the Village Clerk and maintained pursuant to § 40-11.
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.
B. 
At least one member of the Board of Ethics shall be an elected or appointed municipal officer or employee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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:
(1) 
To prescribe and promote rules and regulations governing its own internal organization and procedures in a manner consistent with law and to enforce the requirements of this Code of Ethics.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
(4) 
To grant waivers of the recusal requirements under the circumstances set forth in § 40-10D.
(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.
E. 
Waivers granted pursuant to § 40-17A(4).
F. 
Advisory opinions issued (and redacted) pursuant to § 40-17A(5).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).