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:
BOARD MEMBER or VILLAGE EMPLOYEE
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.
IMMEDIATE FAMILY MEMBER
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.
INTEREST
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:
A.
His/Her spouse, minor child, stepchildren, mother,
father, brothers, sisters, grandparents, grandchildren, in-laws and
other dependents or relatives.
B.
A business concern, partnership or association
of which such officer or employee is a member, partner, owner, director
or employee.
C.
A corporation of which such officer or employee
is an officer, director or employee.
D.
A corporation, any stock of which is owned or
controlled, directly or indirectly, by such officer or employee.
RELATIVE
Any spouse, child, grandchild, parent, grandparent, sibling,
in-law, aunt, uncle, first cousin, niece, nephew, stepparent, stepchild,
half-brother or half-sister.
VILLAGE
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.
VILLAGE CONSULTANT
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.
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.
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.