[HISTORY: Adopted by the Board of Trustees
of the Village of Mamaroneck 1-12-2009by L.L. No. 1-2009,[1] effective 1-15-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Indemnification and defense — See Ch. 36.
Internet usage policy — See Ch. 36A.
Merit Award Board — See Ch. 42.
Officers and employees — See Ch. 48.
Procurement policy — See Ch. 61.
[1]
Editor's Note: This local law also superseded
former Ch. 21, Ethics, Code of, adopted 8-10-1987 by L.L. No. 10-1987,
effective 8-17-1987.
The Board of the Village of Mamaroneck recognizes
that it must establish high standards of ethical conduct for officers,
board members and employees of the Village so as to promote public
confidence in the integrity of local government. It is the purpose
of this chapter to afford officers, board members and employees of
the Village clear guidance on ethical standards, to require public
disclosure of interests that may influence or appear to influence
the actions of Village officers, board members and employees and to
provide for the fair and effective administration of this chapter,
including the protection of those who make good faith disclosure of
suspected unethical or wrongful conduct.
This Chapter is enacted pursuant to § 806
of the General Municipal Law of the State of New York and § 10
of the Municipal Home Rule Law. It is not intended to authorize any
conduct prohibited by Article 18 of the General Municipal Law or any
other general or special law or conduct relating to conflicts of interest,
ethical conduct and interest of public officers, employees and board
members in contracts. To the extent this chapter is inconsistent with
the provisions of § 808 of the General Municipal Law, the
more restrictive provision applies.
As used in this chapter, the following terms
shall have the meaning indicated:
Having or providing any contract, service, or work with the
Village; buying, selling, renting, leasing or otherwise acquiring
from or dispensing to the Village any goods, services or property;
or applying for, petitioning, requesting or obtaining any approval,
grant, loan, license, permit or other privilege from the Village.
Any act involving the exercise of judgment or discretion
by a Village officer or employee, either individually or as a member
of any board, body, department or committee, and includes but is not
limited to negotiation, approval, advice, recommendation, authorization
or audit.
A spouse, minor child, stepchildren, mother, father, brother,
sisters, grandparents, grandchildren, in-laws or other dependents
or relatives residing in the household of a Village officer or employee.
Any participation, connection or involvement which may result
in a 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 purpose 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, in which 5% or more of the corporation's
stock is owned or controlled, directly or indirectly, by such officer
or employee.
An officer or employee of the Village of Mamaroneck, whether
paid or unpaid, including all decision-making officers, employees,
and members of any decision-making board, body, council, commission,
agency, department or committee. For the purpose of this chapter,
no volunteer firefighter, auxiliary police officer or civil defense
volunteer shall be deemed an officer or employee, except a Fire Chief
or Assistant Fire Chief.
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 Mamaroneck or any of its boards, commissions,
committees or agencies, whether operated or funded solely by the Village
of Mamaroneck 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, Board of Trustees, Planning
Board, Board of Appeals or any other Village agency or commission.
Any elected official of the Village of Mamaroneck.
A.
General prohibition. A Village officer, board member
or employee shall not use his or her official position or office,
or take or fail to take any discretionary action, in a manner which
he or she knows, or has reason to know, may result in a personal financial
benefit for any of the following persons:
(1)
The Village officer or employee;
(2)
His or her outside employer or business;
(3)
A member of his or her household;
(4)
A customer or client;
(5)
A relative; or
(6)
Any firm, corporation, association, partnership or
other organization in which the Village officer, board member or employee,
or a relative, serves as an officer or director, whether compensated
or not compensated or of which he or she legally or beneficially owns
or controls more than 5% of the outstanding stock or has authority
to decide upon grants or other monetary benefits.
B.
Specific Village officers and employees.
(1)
Responsibilities.
(a)
Professionally licensed. All Village officers,
board members, employees and consultants with professional licenses
are prohibited from knowingly exercising any discretion in any matter
of Village interest which shall involve any person, firm or corporation
which is a client of his or hers or a client of his or her firm.
(b)
Authorized to conduct inspections and issue
permits. All Village officers, board members and employees with the
authority to conduct inspections or issue permit approvals shall not
engage in a business or have a financial interest in any firm engaged
in a business with the Village where said business conducts, as a
regular and significant part of its business, matters requiring such
inspections or such permits. In addition, any such Village officer
and/or employee(s) shall recuse himself/herself from conducting any
such inspection or issuing any necessary permits that directly pertain
to his or her outside employer or business.
(2)
The foregoing Village officers, board members and
employees are listed due to the unique nature of their offices and
positions which, in turn, raises ethical conflicts unique to those
offices and positions. This list is not to be deemed all-inclusive.
Every Village officer and employee shall endeavor to pursue a course
of conduct consistent with the spirit of this chapter as well as the
actual provisions and strive to act so as not to raise reasonable
suspicion among the public that he or she is likely to be engaged
in activities that are in violation of his or her trust.
C.
Recusal.
(1)
A Village officer or employee, or Board or committee member shall promptly recuse himself/herself from acting on a matter before the Village when acting on the matter, or failing to act on the matter, may benefit the persons listed in § 21-4A, financially or otherwise, or give the reasonable appearance of a conflict of interest or impropriety.
(2)
Whenever a Village officer, employee, or Board or
committee member is required to recuse himself/herself, he/she must
do so on the record and/or in writing and refrain from any further
participation in the matter.
D.
Gifts and solicitations.
(1)
No Village Officer, board member, employee or consultant
shall directly or indirectly solicit any gifts, whether in the form
of money, services, loan, travel, entertainment, hospitality, thing
or promise, or in any other form, or accept any gifts from any person,
partnership, corporation or other entity which has a business relationship
with the Village of Mamaroneck. However a Village officer, board member
or consultant may accept or agree to accept a gift or gifts, which
are customary on family, social, holiday or civic occasions, provided
that they do not exceed a total aggregate value from a single source
of $50 in any one calendar year and were not received under circumstances
in which it reasonably might be inferred that such gift or gifts were
intended to influence the Village officer or employee in the performance
of his or her duties or were rewards or tips for any official acts
by the employee.
(2)
The term "gift" does not include any of the following,
which although they may benefit individual officers, board members
or employees, are deemed to be primarily public benefits rather than
personal benefits:
(a)
Complimentary attendance, food and beverage
offered by the sponsor of an event that is widely attended or was
in good faith intended to be widely attended, when attendance at the
event is related to the attendee's duties and responsibilities as
a public official or allows the public official to perform a ceremonial
function appropriate to his or her position.
(b)
Complimentary attendance, including food and
beverage, at bona-fide charitable or political events, and food and
beverage of a nominal value offered other than as part of a meal.
(c)
Awards publicly presented in recognition of
public service, acts of heroism or for solving crimes;
(d)
Plaques or other commemorative tokens of recognition
presented by representatives of governmental bodies or political subdivisions
who are acting in their official capacities;
(e)
Anything of value, regardless of the value,
when the thing is offered to the Village of Mamaroneck, is accepted
on behalf of the Village of Mamaroneck, and is to remain the property
of the Village of Mamaroneck;
(f)
Promotional items having no substantial resale
value, such as pens, mugs, calendars, hats and t-shirts, which bear
an organizations name, logo or message in a manner which promotes
the organization's cause.
(g)
Political contributions that are subject to
disclosure.
(3)
No Village officer, board member or employee shall,
directly or indirectly, solicit any gift, contribution, or donation
from any person on Village property.
(4)
No Village Officer, board member, employee or consultant
shall, directly or indirectly, solicit any gift, contribution or donation
from any subordinate employee or board member.
E.
Nepotism.
(1)
Policy. Employees' relatives will not be employed
by the Village on a full-time basis under any of the following circumstances:
(a)
Where one of the parties would have authority
(or practical power) to supervise, appoint, remove, or discipline
the other;
(b)
Where one party would be responsible for auditing
the work of the other;
(c)
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)
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)
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)
Any employee currently employed prior to the adoption
of this chapter shall be exempt.
F.
Disclosure of confidential information.
(1)
No Village officer, board member, Village employee
or Village consultant shall disclose information acquired by him or
her in the course of official duties or use such information to further
his/her personal interests or the private interests of others.
(2)
No Village officer, board member, Village employee
or Village consultant shall accept employment or engage in a business
or professional activity which will require him or her to disclose
confidential information gained by reason of his or her official position
or authority.
G.
Misuse of authority. No Village officer, board member,
Village employee or Village consultant shall use or attempt to use
his official position to secure unwarranted privileges or exemptions
for himself/herself or others.
H.
Misuse of privilege. No Village officer, board member,
Village employee or Village consultant shall by his or her conduct
give reasonable basis for the impression that another can improperly
influence him or her or unduly enjoy his or her favor in the performance
of his official duties or that he/she is affected by kinship, rank,
position or influence of any party or person.
I.
Private employment. No Village officer, board member,
employee or consultant shall engage in, receive compensation for,
or enter into any agreement for employment, express or implied, when
such employment or service creates or may reasonably create a conflict
with or may reasonably impair the proper impartial discharge of duties.
J.
Investments.
(1)
No Village officer, board member, Village employee
or Village consultant of the Village of Mamaroneck shall invest or
hold any investment, directly or indirectly, in any financial, business,
commercial or other private transaction, which creates a conflict
with his or her official duties.
(2)
No Village officer, 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 her or which will otherwise create
substantial conflict between his or her duty and the public interest
and his or her private interest.
K.
Present and future employment.
[Amended 7-16-2012 by L.L. No. 7-2012, effective 7-27-2012]
(1)
No Village officers, board members or employees obligated
under this chapter to file financial disclosure forms will accept
present or future employment, within two years following separation
from his or her service, with any person or entity with any business
dealings with the Village of Mamaroneck unless such potential employment
is disclosed to the Board of Trustees before being accepted by the
officer or employee and is approved prospectively by such board.
(2)
No Village officer, board member, employee or Village
consultant shall, presently or within two years after the separation
from his or her service, appear as part of his/her employment before
any board, agency or commission of the Village of Mamaroneck or conduct
any official Village business, transactions or professional activity
with any Village officer or board member, Village employee or Village
consultant where special advantages by virtue of current or prior
contact and relationship with the Village may be realized. If the
employee or board member personally participated in the matter during
the period of his or her employment or service, they may not appear
before any Village board or commission for a period of three years
following termination.
(3)
No elected Village officer after the conclusion of
service with the Village, shall appear before any board, agency or
commission of the Village of Mamaroneck in relation to any case, proceeding
or application in which he or she was directly concerned and personally
participated or which was under his or her active consideration during
the period of his or her service.
L.
Discrimination. No Village officer, board member,
employee or Village consultant or any service or other organization
chartered by or directly or indirectly sponsored or supported by the
Village shall:
(1)
Discriminate or cause involuntary segregation, directly
or indirectly, based upon creed, color, national origin, sex, gender
orientation 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, Board of Appeals member, Village employee or member of such
service or other organization.
M.
Interest in Village contracts. No Village officer,
board member, employee or consultant shall receive compensation or
enter into any agreement, expressed or implied, in connection with
or have interest in, directly or indirectly, any contract or agreement
with the Village unless such compensation or interest is first fully
disclosed to and approved by the Board of Trustees at a regular public
meeting. No Village officer or employee may take part in any contracting
decision relating to the employee; relating to a relative; or relating
to any entity in which the employee or a relative is an officer, director
or partner, or in which a relative owns or controls 5% or more of
the stock of such entity. If a contracting matter arises relating
to the employee or a relative, then the employee must advise his or
her supervisor of the relationship, and must be recused from any and
all discussions or decisions relating to the matter.
N.
Disclosure of interest in legislation and official
action. To the extent that she/he knows thereof, any Village officer,
board member and/or employee with respect to matters in which she/he
participates or in which her/his board is involved in the decision-making
process, shall specifically and fully disclose on the official record
of the Board of Trustees at a regular public meeting thereof the nature
and extent of any direct or indirect interest in legislation or official
action pending before the Village. Such public disclosure by the officer,
employee or board member shall include disclosure of any political
contributions made by any applicant, his/her consultants or legal
representatives or their affiliates for the period commencing 12 months
prior to the filing of the application and ending 12 months after
a final decision has been made. However, no disclosure shall be required
at any time under the subsection of any political contributions made
by persons who are not applicants or their consultants, legal representatives
or affiliates.
O.
Inducement of others. Any officer or employee of the
Village of Mamaroneck shall not induce, threaten or coerce or aid
another officer or employee of the Village to violate any of the provisions
of this Code of Ethics.
P.
Village employees. No officer or employee shall direct
or cause any subordinate officer or employee to do or perform any
service or work outside of the scope of his or her public work responsibilities
or employment. Subordinate officers and employees may voluntarily
perform such service or work, with or without compensation, outside
of the hours during which they are assigned to perform duties for
the Village, but they shall not wear any Village-issued uniform while
engaged in any such activity.
Q.
Village property. No officer or employee shall use
or request or permit the use of Village-owned property, including,
but not limited to, vehicles, equipment, uniforms, materials or supplies,
for personal convenience, use or profit, except when such goods or
services are available to the public generally or are used by the
officer or employee in compliance with Village policy for such use
or where the use of Village-owned property for personal use is part
of the officer's or employee's compensation. Village-issued cellphones
may be used for incidental and necessary personal calls that are of
limited amount and duration and which do not conflict with the proper
exercise of the duties of the officer or employee.
R.
Provisions in Subsections A through Q. Provisions in Subsections A through Q hereinabove are a comprehensive, but not necessarily exclusive, list of provisions regarding ethical behavior of Village employees, board members and officers. Village employees, board members and officers should seek the assistance of the Board of Ethics when in doubt regarding any particular behavior or issue.
A.
Distribution of Code of Ethics. Pursuant to New York
General Municipal Law § 806, the Village Manager shall cause
a copy of this Code of Ethics to be distributed to each Village officer,
board member, employee, and consultant to the Village upon the adoption
of this chapter and at the time of commencement of each person's service
in each new capacity. Each official, employee, and consultant shall
acknowledge, in writing, that he or she has received, read, and understood
this Code of Ethics. Failure to distribute or receive such copy shall
have no effect on the duty of compliance with such Code or on its
enforcement.
B.
Initial and annual disclosure. Every designated officer,
board member and employee is required to file an initial disclosure
form with the Board of Ethics. The first disclosure pursuant to this
chapter shall be due 90 days after the effective date of this legislation.
In every calendar year thereafter, annual disclosure forms for designated
officers, board members, employees and new employees shall be due
for filing by February 15. In the event a change occurs with respect
to the information, an amended statement reflecting any change shall
be filed within 30 days of such change. Failure to file the required
disclosure statement shall be deemed a violation of this chapter.
A copy of said form is annexed to this chapter as Appendix A.[1] All forms shall be on file in the office of the Village
Clerk-Treasurer.
[1]
Editor's Note: A copy of said form is included at the end of this chapter.
C.
Transactional disclosure. Any Village officer, board
member, employee, or consultant who has a direct or indirect private
interest in any transaction under consideration by a board, court,
commission, district, department, committee or agency of the Village
or in any property which may be affected by such transaction, or whose
relative has such a private interest, shall publicly disclose the
nature and extent of that private interest on the record of the board,
court, commission, district, department, committee, or agency before
which such transaction is pending and shall file a copy of such disclosure
with the Village Clerk-Treasurer. The Board of Ethics shall review
such disclosures in a timely manner.
D.
Disclosure upon application. Any applicant for employment
or a change of zoning, variance, special permit, site plan approval,
subdivision, or other permission pursuant to the zoning and planning
regulations of the Village shall disclose as part of the application
the name, nature and extent of the interest of any Village employee,
officer, board member or consultant in the application or in the applicant,
including whether the Village officer, board member, employee or consultant
is required to take any discretionary act on the application.
Within 90 days after the effective date of this
chapter, and during the month of January each year thereafter, the
Board of Trustees shall:
A.
Cause to be filed with the Village of Mamaroneck's Ethics Board a list of the names and offices or positions of all officers, board members and employees of the Village of Mamaroneck required to file annual disclosure statements pursuant to § 21-5; and
B.
Notify all such officers, board members and employees
of their obligation to file an annual disclosure statement.
A.
The Board of Ethics in existence at the time of the
enactment of this chapter is dissolved.
B.
There is hereby established a Village of Mamaroneck
Ethics Board consisting of five members to be appointed by the Board
of Trustees.
C.
Members of the Ethics Board shall be chosen for their
independence, integrity, civic commitment, and high ethical standards.
D.
No Ethics Board member shall hold office in a political
party. No Ethics Board member shall be employed or act as a lobbyist
before the Village of Mamaroneck, the Town of Rye or the Town of Mamaroneck.
No Ethics Board member shall enter into any contract with the Village
of Mamaroneck, except a contract for the receipt of Village of Mamaroneck
services or benefits, or use of the Village of Mamaroneck facilities,
on the same terms and conditions as are generally available to residents
or a class of residents of the Village of Mamaroneck. No Ethics Board
members shall hold elective office in the Village of Mamaroneck or
be an appointed officer or employee of the Village of Mamaroneck.
An Ethics Board member may make campaign contributions but may not
participate in any Village election campaign. No more than two members
of the Ethics Board shall be registered in the same political party.
E.
The members of the Board of Ethics shall be appointed
within sixty days after the effective date of this chapter. Appointments
shall be made initially for terms of one, two (for two members), and
three (for two members) years, with every appointment thereafter for
a period of three years.
F.
An Ethics Board member shall serve until his or her
successor has been appointed. Consecutive service on the Ethics Board
shall not exceed two full terms.
G.
Ethics board members shall not receive compensation
for their service but shall be reimbursed reasonable expenses incurred
in the performance of their official duties.
A.
When a vacancy occurs in the membership of the Ethics
Board, the vacancy shall, within 60 days, be filled for the unexpired
portion of the term in the same manner as the original appointment.
Any person appointed to fill a vacancy on the Ethics Board shall meet
the qualifications set forth in this chapter.
B.
An Ethics Board member may be removed from office in the same manner which he or she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in § 21-7 of this chapter, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter.
At its first meeting each year, the Ethics Board
shall elect a chair for that year from among its members. A majority
of the Board shall be required for the Board to take any action. The
chair or a majority of the Board may call a meeting of the Board,
and the Board shall meet at least quarterly.
A.
The Ethics Board may act only with respect to officers,
board members and employees of the Village of Mamaroneck.
B.
The termination of a Village of Mamaroneck officer's,
board member's or employee's term of office, service or employment
with the Village of Mamaroneck shall not affect the jurisdiction of
the Ethics Board with respect to the requirements imposed by this
chapter on the former officer or employee for his or her actions or
interests while a Village officer or employee.
C.
The Ethics Board shall have the following powers and
duties:
(1)
To prescribe and promulgate rules and regulations
governing its own internal organization and procedures in a manner
consistent with this chapter;
(2)
To require the assistance of the Village Attorney
and the Village Clerk-Treasurer in the performance of the Ethics Board's
duties; provided, however, that any communications between the Ethics
Board and such Village Attorney or Village Clerk-Treasurer shall be
confidential and not disclosed to anyone other than the Ethics Board
or its designees, except as otherwise required by state or federal
law or by this chapter;
(4)
To review, index, maintain on file, and dispose of
sworn complaints and to make modifications and conduct investigations;
(5)
To conduct hearings, recommend disciplinary action,
assess penalties, make referrals, and initiate appropriate actions
and proceedings;
(7)
To render, index, and maintain on file advisory opinions
of this chapter;
(8)
To provide training and education to municipal officers,
board members and employees;
(9)
To prepare an annual report and recommend changes
to this chapter;
(10)
To provide for public inspection and copying
of certain records.
D.
The Ethics Board will comply with the requirements of the Open Meetings
Law of the State of New York (Public Officers Law § 100
et seq.), even if that law does not apply because the Ethics Board
is acting in an advisory capacity.
[Added 6-11-2018 by L.L. No. 7-2018, effective 6-19-2018]
A.
The Village of Mamaroneck Clerk-Treasurer shall transmit promptly to the Ethics Board each transactional and/or applicant disclosure statement filed with the Clerk-Treasurer pursuant to § 21-5.
B.
The Ethics Board shall index, maintain on file for
six years, and make available for public inspection and copying all
transactional, applicant, and annual disclosure statements filed with
the Board.
A.
The Ethics Board shall review:
(1)
The lists of officers, board members and employees prepared pursuant to § 21-10 of this chapter to determine whether the lists are complete and accurate.
(2)
All annual disclosure statements to determine whether
any person required to file such a statement has failed to file it,
has filed a deficient statement, or has filed a statement that reveals
a possible or potential violation of this chapter.
(3)
All transactional disclosure statements.
(4)
All applicant disclosure statements.
B.
If the Board determines that an annual disclosure
statement, a transactional disclosure statement, or an applicant disclosure
statement is deficient or reveals a possible or potential violation
of this chapter, the Board shall notify the person in writing of the
deficiency or possible or potential violation and of the penalties
for failure to comply with this chapter.
A.
Upon receipt of a sworn complaint by any person alleging
a violation of this chapter, or upon determining on its own initiative
that any such violation may exist, the Ethics Board shall have the
power and duty to conduct any investigation necessary to carry out
the provisions of this chapter. All agencies of the Village and all
public officers, board members, employees and agency members shall
furnish to the Board of Ethics such data, information and statements
as may in the opinion of the Board be necessary or appropriate for
the proper exercise of its functions, powers and duties. The Board
of Ethics may also request from third parties such data, information
and statements as may in the opinion of the Board be necessary or
appropriate for the proper exercise of its functions, powers and duties.
In conducting any such investigation, the Ethics Board may administer
oaths or affirmations, subpoena witnesses, compel their attendance
and require the production of any books or records which it may deem
relevant and material.
B.
The Ethics Board shall state in writing the disposition
of every sworn complaint it receives and of every investigation it
conducts and shall set forth the reasons for the disposition. All
such statements and all sworn complaints shall be indexed and maintained
on file by the board.
C.
Any person filing a sworn complaint with the Ethics
Board shall be notified in writing of the disposition of the complaint,
to the extent permitted by law.
D.
All documents and hearings relating to the investigation
and hearing of any alleged violation of this chapter shall be confidential
and not available for public inspection or open to the public, except
as otherwise required by state or federal law or by this chapter.
All dispositions, including negotiated dispositions, in which the
Ethics Board finds a violation of this chapter, shall be available
for public inspection and copying.
E.
Nothing in this section shall be construed to permit
the Ethics Board to conduct an investigation of itself or any of its
members or staff. If the Ethics Board receives a complaint alleging
that the Ethics Board of any of its members or staff has violated
any provision of this chapter, or of any other law, the board shall
promptly transmit a copy of the complaint to the Village Manager.
A.
Disciplinary action. 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 Ethics Board may recommend appropriate disciplinary action pursuant to § 21-10 of this chapter. The recommendation of the Ethics Board shall be made to the appointing authority or person or body authorized by law to impose such sanctions. The Board shall conduct and complete the hearing with reasonable promptness, unless in its discretion the Board refers the matter to the authority or person or body authorized by law to impose disciplinary action or unless the Board refers the matter to the appropriate prosecutor. If such a referral is made, the Board may adjourn the matter pending determination by authority, person, body, or prosecutor.
B.
Civil fine. In its discretion and after a hearing providing for due process procedural mechanisms, the Ethics Board, pursuant to § 21-10 of this chapter may assess a civil fine, not to exceed $1,500 for each violation, upon any Village of Mamaroneck officer, board member, employee or consultant found by the Board to have violated this chapter. The Board shall conduct and complete the hearing with reasonable promptness. The civil fine shall be payable to the Village of Mamaroneck.
C.
Damages. The Village of Mamaroneck may initiate an action in the Supreme Court of the State of New York to obtain damages, as provided in § 21-10 of this chapter.
D.
Civil forfeiture. The Village of Mamaroneck, or the Ethics Board on behalf of the Village of Mamaroneck, may initiate an action or special proceeding, as appropriate, in the Supreme Court of the State of New York to obtain civil forfeiture, as provided in § 21-10 of this chapter.
E.
Debarment. The Village of Mamaroneck, or the Ethics
Board on behalf of the Village of Mamaroneck, may initiate an action
or special proceeding, as appropriate, in the Supreme Court of the
State of New York for an order of debarment.
F.
Injunctive relief. The Village of Mamaroneck, or the
Ethics Board on behalf of the Village of Mamaroneck, may initiate
an action or special proceeding, as appropriate, in the Supreme Court
of the State of New York for injunctive relief to enjoin a violation
of this chapter or to compel compliance with this chapter.
G.
Prosecutions. The Ethics Board may refer to the appropriate
prosecutor possible criminal violations of this chapter. Nothing contained
in this chapter shall be construed to restrict the authority of any
prosecutor or the attorney general to prosecute any violation of this
chapter or of any other law.
H.
Nothing in this section shall be construed to permit
the Ethics Board to take any action with respect to any alleged violation
of this chapter or of any other law, by the Board or by any member
or staff member thereof.
A.
Upon written application by a Village of Mamaroneck
officer or employee and/or if applicable, written approval by his
or her department head, the Ethics Board may grant the applicant,
or his or her private employer or business, a waiver of any of the
provisions of the Code of Ethics, except the inducement of violations
provisions; section on appearances by the municipal official's private
employer or business; sections on transactional, applicant, annual
disclosure of this chapter where the Ethics Board finds that waiving
such provision would not be in conflict with the purposes and interest
of the Village of Mamaroneck, provided, however, that no such waiver
shall permit any conduct or interest otherwise prohibited by Article
18 of the General Municipal Law.
B.
Waivers shall be in writing, shall state the grounds
upon which they are granted, and shall be available for public inspection
and copying. All applications, decisions, and other records and proceedings
relating to waivers shall be indexed and maintained on file by the
Board.
A.
Upon the written request of any Village of Mamaroneck
officer, board member or employee, or of his or her department head,
the Ethics Board shall render a written advisory opinion with respect
to the interpretation or application of this chapter to the future
or continuing conduct or interest of such Village of Mamaroneck officer
or employee or his or her outside employer or business.
B.
Advisory opinions and requests for advisory opinions
shall be indexed and maintained on file by the Ethics Board. The Board
shall publish such of its advisory opinions as it believes will provide
guidance to other Village of Mamaroneck officers, board members or
employees, provided, however, that the publicly available copy of
such opinions shall contain such deletions as may be necessary to
prevent disclosure of the identity of the involved officers, board
members and employees.
A.
Any person aggrieved by a decision of the Ethics Board
may seek judicial review and relief pursuant to Article 78 of the
Civil Practice Law and Rules.
B.
Any person who has submitted to the Ethics Board a
written request for an advisory opinion may bring an action or special
proceeding, as appropriate, for a determination of the question posed
in the request, provided that:
(1)
It shall appear by and as an allegation in the complaint
or petition that at least six months have elapsed since the filing
of the request and that the Ethics Board has failed to file any determination
in the matter; and
(2)
The action or special proceeding shall be commenced
within 10 months after the submission of the request for the advisory
opinion.
A.
The Ethics Board:
(1)
Shall make information concerning this chapter available
to the officers, board members and employees of the Village of Mamaroneck,
to the public, and to persons interested in doing business with the
Village of Mamaroneck;
(2)
Shall develop educational materials and an educational
program on the provisions of this chapter for the officers, board
members and employees of the Village of Mamaroneck, for the public,
and for persons interested in doing business with the Village of Mamaroneck.
B.
The Village Manager shall assist the Ethics Board
in the publication, posting, and distribution of ethics educational
materials and in the development and presentation of ethics educational
programs.
C.
Each Village of Mamaroneck officer or employee shall
receive ethics training, in such form as determined by the Ethics
Board after consultation with the appropriate department head, as
least once each year.
A.
The Ethics Board shall prepare and submit an annual
report to the Board of Trustees summarizing the activities of the
Board. The report may also recommend changes to the text or administration
of the chapter.
B.
The Ethics Board shall periodically review this chapter
and the Board's rules, regulations, and administrative procedures
to determine whether they promote integrity, public confidence, and
participation in Village of Mamaroneck government and whether they
set forth clear and enforceable, common-sense standards of conduct.
A.
The only records of the Ethics Board which shall be
available for public inspection are those whose disclosure is required
by Article 6 of the Public Officers Law or by other state or federal
law or by this chapter.
B.
No meeting or proceeding of the Ethics Board shall
be open to the public, except as required by the provisions of Article
7 of the Public Officers Law or by other state or federal law or by
this chapter or upon the request of the affected officer or employee
and with the agreement of the Ethics Board.
A.
No existing right or remedy shall be lost, impaired,
or affected by reason of this chapter.
B.
No public officer or employee shall induce any other
person to violate, attempt to induce any other person to violate,
or aid any other person in violating, any provision of this chapter.
Any person who violates this section has committed a violation of
this chapter.
C.
Nothing in this chapter shall be deemed to bar or
prevent a present or former Village of Mamaroneck officer or employee
from timely filing any claim, account, demand, or suit against the
Village of Mamaroneck on behalf of himself or herself or any member
of his or her family arising out of personal injury or property damage
or any lawful benefit authorized or permitted by law.
D.
If any provision of this chapter is held by a court
of competent jurisdiction to be invalid, that decision shall not affect
the validity and effectiveness of the remaining provisions of this
chapter.
A.
No Village officer, employee or board member shall
retaliate against any Village officer, employee or board member or
other person acting in good faith for, notwithstanding any other provision
of this chapter, submitting a complaint to the Board of Ethics; reporting
alleged waste, inefficiency, corruption, criminal activity or conflicts
of interest to any federal, state or county regulatory or investigative
authority, as expressly permitted by federal, state or county law;
or providing information to the Board of Ethics or to a federal, state
or county regulatory or investigative authority; or acting or refusing
to act as required by this chapter and Article 18 of the General Municipal
Law. No action protected by this section shall be considered a violation
of this chapter.
B.
Any Village officer, employee or board member who
violates this section has committed a violation of this chapter.
C.
In resolving a complaint that a Village officer, employee
or board member has violated this section, the Board of Ethics may,
among other things, recommend that a retaliatory personnel or regulatory
action be reversed.
