[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 31.
The Village Board of the Village of Woodbury
recognizes that there are rules of ethical conduct for public officers
and employees which must be observed if a high degree of moral conduct
is to be obtained and if public confidence is to be maintained in
our unit of local government. The proper operation of the Village
government requires that its officers and employees be independent,
impartial, objective, unbiased and responsible to the people of the
Village of Woodbury; that public office not be used for personal gain;
that public officers and employees maintain the highest standards
of integrity and discharge faithfully the duties of their office,
regardless of personal considerations; and that the public have confidence
in the officers and employees thereof. It is the purpose of this chapter
to implement these objectives through the establishment of standards
of conduct to provide for punishment of violations of such standards
and to create an Ethics Committee to render advisory opinions to the
Village's officers and employees as provided for herein.
The standards, prohibitive acts and procedures
established herein are in addition to any prohibitive acts, conflicts
of interest provisions or procedures prescribed by statute of the
State of New York and also in addition to common law rules and judicial
decisions relating to the conduct of Village officers to the extent
that the same are more severe in their application than this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any elected or appointed official, including but not limited
to Planning Board, Zoning Board of Appeals and any and all committees
or any employee of the Village, whether paid or not, including members
of any administrative advisory board, commission or other agency thereof.
For the purpose of this chapter, no person shall be deemed a Village
officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer or being employed by the Village as a result
of a contractual agreement.
A spouse, minor child, stepchildren, mother, father, brothers,
sisters, grandparents, grandchildren, in-laws or other dependents
or relatives residing in the household of a Village officer or employee.
Any claim, account or demand against or in agreement with
the Village, express or implied, including designation of a depository
of public funds and the designation of an official newspaper, and
direct or indirect pecuniary or material benefit accruing to an officer
or employee as a result of a business or professional transaction
with the Village. For the purposes of this chapter, an officer or
employee shall be deemed to have a direct interest in the affairs
of:
His/Her spouse, minor child, stepchildren, mother,
father, brothers, sisters, grandparents, grandchildren, in-laws and
other dependents or relatives.
A business concern, partnership or association
of which such officer or employee is a member, partner, owner, director
or employee.
A corporation of which such officer or employee
is an officer, director or employee.
A corporation, any stock of which is owned or
controlled, directly or indirectly, by such officer or employee.
Any spouse, child, grandchild, parent, grandparent, sibling,
in-law, aunt, uncle, first cousin, niece, nephew, stepparent, stepchild,
half-brother or half-sister.
The Village of Woodbury or any of its boards, commissions,
committees or agencies, whether operated or funded solely by the Village
of Woodbury or jointly with one or more other municipalities.
Any individual, group or firm which renders services on behalf
of the Village to any Village officer, Village Board, Planning Board,
Zoning Board of Appeals or any other Village agency or commission.
Any elected officials of the Village of Woodbury.
A.Â
Employment.
(1)Â
No board member, Village employee or Village consultant
shall have any interest, financial or otherwise, direct or indirect,
or engage in any business or transaction or professional activity
or incur any obligation of any nature, which is in conflict with or
might reasonably tend to conflict with the proper discharge of his
duties in the public interest.
(2)Â
No board member, Village employee or Village consultant
shall accept other employment which will impair his independence of
judgment in the exercise of his official Village duties.
(3)Â
No board member, Village employee or Village consultant
shall engage in, solicit, negotiate for or promise to accept private
employment or render services for private interests when such employment
or service creates a conflict with or impairs the proper discharge
of his official duties.
B.Â
Disclosure of confidential information.
(1)Â
No board member, Village employee or Village consultant
shall disclose confidential information acquired by him in the course
of his official duties or use such information to further his personal
interests or the private interests of others.
(2)Â
No board member, Village employee or Village consultant
shall accept employment or engage in a business or professional activity
which will require him to disclose confidential information gained
by reason of his official position or authority.
C.Â
Misuse of authority. No board member, Village employee
or Village consultant shall use or attempt to use his official position
to secure unwarranted privileges or exemptions for himself or others.
D.Â
Misuse of privilege. No board member, Village employee
or Village consultant shall by his conduct give reasonable basis for
the impression that another can improperly influence him or unduly
enjoy his favor in the performance of his official duties or that
he is affected by kinship, rank, position or influence of any party
or person.
E.Â
Compensation. No board member, Village employee or
Village consultant shall receive compensation or enter into any agreement
to receive compensation, express or implied, with respect to any matter
which is, was or will be before the Village for determination in the
official capacity of any board member, Village employee or Village
consultant of the Village of Woodbury.
F.Â
Gifts. During a single calendar year, no board member,
Village employee or Village consultant shall solicit, directly or
indirectly, receive or accept any gift or gifts having a total aggregate
value of $50, or more, whether in the form of money, services, loan,
travel, entertainment, hospitality, thing or promise, or in any other
form, from any one person, partnership, corporation or any entity
which has a business relationship with the Village of Woodbury. Gifts
of money or any form of money (money orders, checks, stocks, bonds,
etc.) are not permitted at all in any amount.
G.Â
Investments.
(1)Â
No board member, Village employee or Village consultant
of the Village of Woodbury shall invest or hold any investment, directly
or indirectly, in any financial, business, commercial or other private
transaction, which creates a conflict with his official duties.
(2)Â
No board member, Village employee or Village consultant
shall engage in any enterprises which he has reason to believe may
be directly involved in decisions to be made or advice to be given
by him or which will otherwise create substantial conflict between
his duty and the public interest and his private interest.
H.Â
Future employment.
(1)Â
No board member, Village employee or Village consultant
shall, within 12 months after the termination of his service, appear
as part of his/her employment before any board, agency or commission
of the Village of Woodbury or conduct any official Village business,
transactions or professional activity with any board member, Village
employee or Village consultant where special advantages by virtue
of prior contact and relationship with the Village may be realized.
(2)Â
No board member, Village employee or Village consultant
shall appear before any board, agency or commission of the Village
of Woodbury in relation to any case, proceeding or application in
which he was directly concerned and personally participated or which
was under his active consideration during the period of his service
or employment.
I.Â
Discrimination. No board member, Village employee
or consultant of the Village or of any service or other organization
chartered by or directly or indirectly sponsored or supported by the
Village shall:
(1)Â
Discriminate or cause involuntary segregation, directly
or indirectly, based upon creed, color, national origin, sex or disability
or allow the preceding to be factors affecting the recruitment, selection,
placement, assignment, compensation or promotion of any Village officer,
Village Board member, Planning Board member, Zoning Board of Appeals
member, Village employee or member of such service or other organization.
J.Â
Nepotism.
(1)Â
Policy. Employees' relatives will not be employed
by the Village on a full-time basis under any of the following circumstances:
(a)Â
Where one of the parties would have authority
(or practical power) to supervise, appoint, remove, or discipline
the other;
(b)Â
Where one party would be responsible for auditing
the work of the other;
(c)Â
Where both parties would report to the same
immediate supervisor. Every other option, including reassignment within
the Village workforce, would be considered in good faith before layoff;
(d)Â
Where other circumstances might lead to potential
conflict among the parties or conflict between the interest of one
or both parties and the best interests of the Village; or
(e)Â
Where one of the parties is an elected official,
except when the family member is currently employed by the Village
prior to the elected official obtaining office or if the family member
is currently employed by the Village and becomes a family member of
an official.
(2)Â
Any employee currently employed prior to the adoption
of this chapter shall be exempt.
K.Â
Representation by consultant. No Village consultant
shall appear on behalf of private interests before any board, commission
or agency of the Village of Woodbury while actively employed by the
Village; nor shall a Village consultant, after being no longer retained
by the Village, represent the interest of any person or entity before
any Village board, commission or agency if the matter was pending
when the consultant's retention by the Village ended.
L.Â
Political activity. No board member, Village employee
or Village consultant shall use his official position on behalf of
any political party, club, association, society or committee. This
provision shall not be interpreted or construed as precluding any
board member, Village employee or Village consultant from being involved
in the political affairs of the Village of Woodbury as a private citizen,
nor shall it exempt any board member, Village employee or Village
consultant from any federal, state or local rules, regulations, codes
of conduct or other restrictions imposed by this chapter. No board
member shall hold the office of Chairman in any political party or
be employed as a lobbyist. No more than two members of the Ethics
Committee may be enrolled or registered members of the same political
party. No Ethics Committee member shall hold the office of Chairman
in any political party or be employed as a lobbyist. An Ethics Committee
member may contribute money to but not otherwise participate in any
Village election campaign.
A.Â
All elected and appointed officers, board members,
department heads and all Village consultants are required, within
30 days of taking office or within 30 days of the effective date of
this chapter, to file a disclosure statement, in writing, with the
Mayor's office, disclosing all land holdings in the incorporated area
of the Village of Woodbury, whether held personally, by a spouse,
by a dependent, jointly with a spouse or dependent, or immediate family
members, jointly in partnership with others, as a partnership, limited
partnership, corporation, trust or any other similar entity, the name
of any partnership, corporation or trust of which he or his spouse
or dependent is an officer, director or employee or which he or a
spouse or a dependent, legally or beneficially, owns or controls more
than 5% of the outstanding stock or interest, and his position, and
his spouse or dependent's position, if any, with the partnership,
corporation or trust. In addition, anyone who holds a license as either
a real estate broker or real estate salesperson will disclose that
fact and the name of the real estate concern that they are affiliated
with and the location of their office.
B.Â
In the event that a change occurs with respect to
any of the information required on the aforesaid disclosure statement,
the party required to file such a statement shall file an amended
statement reflecting any such change in circumstances within 15 days
from the date thereof. Failure to file the required disclosure statement
in a timely fashion shall be deemed a violation of this chapter.
If any board member, Village employee or Village
consultant has a potential or actual conflict of interest in any matter
which he encounters in the performance of his official Village duties,
he shall make known to all concerned parties the nature of such conflict,
within 10 days, and shall refrain immediately from any participation
whatsoever in the matter so as to avoid true conflict. In all cases
of potential or actual conflict, the Village Board shall be made aware
of the situation by the person in conflict along with any other concerned
parties, including the Village of Woodbury Ethics Committee. Said
conflict should be made known to the proper parties in writing.
A.Â
There is hereby established an Ethics Committee consisting
of five members, one of whom may be a Village officer or employee
and a majority of whom shall be persons other than Village officers
or employees. All members shall reside in the Village of Woodbury
and shall serve without compensation but shall be reimbursed for reasonable
and necessary expenses. These should be cleared with the Village Board
before expenses are incurred. The Village will establish a budget
to cover office supplies and legal expenses.
B.Â
All members of the Ethics Board shall be appointed
by the Village Board for a term of five years, each term to expire
at the end of the Village's official year; except that of those first
appointed, one shall be appointed for a term of five years, one for
a term of four years, one for a term of three years, one for a term
of two years and one for a term of one year.
C.Â
Background check. Any applicant for a position on
the Ethics Committee will sign an affidavit attesting to the fact
that he/she has not been convicted of any crime. An applicant for
a position on the Ethics Committee will also sign a release allowing
the Village Board to conduct a FICO credential investigation solely
for the purpose of ascertaining the applicant's credit score.
D.Â
The Village Attorney may, with Village Board approval,
provide such legal and advisory services to the Ethics Committee as
it may require in the performance of its duties.
E.Â
At its first meeting each year, which shall be a public
meeting, the Village Ethics Committee shall elect a Chairman from
among its membership. A vote of at least three members shall be required
for the Board to take any recommendation. The Board shall meet at
least twice a year and at such times as it may otherwise be necessary.
The Chairman or any three members may call a meeting of the Board
which shall be properly noticed unless it is a closed session for
inquiry or covered by Open Meetings Law criteria.[1]
[1]
Editor's Note: See Article 7 of the Public
Officers Law.
A.Â
The Ethics Committee shall have the following powers
and duties:
(1)Â
To possess the right to prescribe and promulgate rules
for its procedures of operation in a manner consistent with this code.
(2)Â
To render advisory opinions, upon written request, to any board, department, board member, Village employee or Village consultant with respect to the interpretation or application of any provisions of this code. Opinions and requests for opinions shall be public record and shall be indexed and maintained on file in an appropriate manner by the Ethics Committee in the Village Hall with a copy to the Records Management Officer. Such opinions shall be rendered only upon written request by the officer, employee or appointed official concerning only the subject of the inquiry as it pertains to the requesting individual's own filing requirements. Such opinions shall not be made public or disclosed unless required by the Freedom of Information Law (Public Officers Law Article 6) or required for use in a disciplinary proceeding or proceeding under § 39-10 involving the officer, employee or appointed official who required the advisory opinion.
(3)Â
To review disclosure statements pursuant to § 39-5, Disclosure of interest, of this code. Upon receipt of the disclosure forms, determine if all those who are required to have, in fact, filed these forms. The Ethics Committee should also review all forms and determine if they are complete, if further information is needed and if any conflicts exist. Such statements shall be filed and maintained in Village Hall. Public access to these documents shall be made upon application and for a legitimate reason as noted in § 39-5.
(4)Â
To prepare an annual report to the Village Board,
summarizing the activities of the Ethics Committee, and recommend
changes to this code, as necessary.
(5)Â
To conduct inquiries and recommend appropriate sanctions
of alleged violations of this code upon written notification of such
alleged violation to the Village Board of the Village of Woodbury.
A licensed attorney shall be present to assist the Ethics Committee
in this role.
(6)Â
To refer any matter within its jurisdiction to the
County or State Ethics Board, as may be appropriate.
B.Â
The members of the Ethics Committee shall not receive
compensation for the performance of their official duties, but shall
be reimbursed for reasonable and necessary expenses.
In addition to the penalties defined specifically
for violation of this chapter and other pertinent sections of local,
state and federal law, members of the Ethics Committee may be removed
for cause by a two-thirds vote of the Village Board. Prior to removal,
the Ethics Committee member shall be given written notice of the grounds
for removal and an opportunity to demand and receive a hearing before
the Village Board.
In addition to any penalty contained in any
other provision of law, any board member, Village officer or Village
consultant who shall knowingly and intentionally violate any of the
provisions of this code may be fined, reprimanded, suspended or removed
from office or employment in the manner provided by law.
The Mayor's office shall cause a copy of Article
18 of the General Municipal Law and this Code of Ethics to be distributed
to every board member, Village employee and Village consultant within
15 days of the effective date of this chapter. In addition, every
such board member, Village employee or Village consultant shall receive
a copy of the same upon being engaged in or taking office in the Village
of Woodbury. Failure to distribute any such copy or failure of any
board member, Village employee or Village consultant to receive such
copy shall have no effect on the duty of compliance with this code
or the enforcement of provisions thereof. The Village Mayor shall
further cause a copy of this chapter to be kept posted conspicuously
in each public building under the jurisdiction of the Village. Failure
to so post this chapter shall have no effect on the duty of compliance
herewith or the enforcement of provisions hereof. A copy of this chapter
shall be included in the Village's Employee Manual.
Pursuant to § 806 of the General Municipal
Law, within 30 days of the adoption of this chapter, the Village Clerk
shall file a copy thereof with the Temporary State Commission on Local
Government Ethics, as established by § 813 of the General
Municipal Law.
The Village Board may appropriate moneys from
the general Village funds for the maintenance of and personal services
to the Ethics Committee established hereunder, but such Ethics Committee
may not commit the expenditure of Village moneys except within the
appropriations provided herein.
If any clause, sentence, paragraph, word or
section or part of this Village Code of Ethics shall be adjudged by
any court of competent jurisdiction to be unconstitutional, illegal
or invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, word, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
