The provisions of this chapter shall not prohibit or require
recusal or transactional disclosure as a result of:
A. An action specifically authorized by statute, rule or regulation
of the State of New York or of the United States.
C. Gifts received by:
(1) The village officer or employee from such officer or employee's parent,
spouse or child; or
(2) The village officer or employee from any person having an aggregate
value of $75 or less during any twelve-month period; or
(3) Such officer or employee on behalf of the village and transferred
to the village.
D. Gifts or benefits having a value of $50 or less that are received
by a village officer or employee for the solemnization of a marriage
by that officer or employee at a place other than the officer or employee's
normal public place of business or at a time other than such officer
or employee's normal hours of business.
E. Awards from charitable organizations.
F. Receipt of village services or benefits, or use of village facilities,
that are generally available on the same terms and conditions to residents
or a class of residents in the village to which the officer or employee
belongs.
G. Representation of constituents by elected officials without compensation
in matters of public advocacy.
H. Appearing or practicing before the village or any of its boards or
agencies or receiving compensation for working on a matter before
the village or any of its boards or agencies, after termination of
village service or employment where the officer or employee performed
only ministerial acts while working for the village.
Unless otherwise stated or unless the context otherwise requires,
when used in this chapter, the following words shall have the meanings
indicated:
APPEAR and APPEAR BEFORE
Communicating in any form, including, without limitation,
personally, through another person, by letter or by telephone.
CUSTOMER or CLIENT
A.
Any person to whom a village officer or employee has supplied
goods or services during the previous 24 months having, in the aggregate,
a value greater than $1,000; or
B.
Any person to whom a village officer's or employee's outside
employer or business has supplied goods or services during the previous
24 months having, in the aggregate, a value greater than $1,000, but
only if the officer or employee knows or has reason to know the outside
employer or business supplied the goods and services.
ETHICS BOARD
The Ethics Board of the village established pursuant to this
chapter.
GIFT and FINANCIAL BENEFIT
Includes any money, service, license, permit, contract, authorization,
loan, travel, entertainment, hospitality or any promise thereof or
any other gratuity or promise thereof or anything of value. A financial
transaction may be a "financial benefit" but shall not be a "gift"
unless it is on terms not available to the general public. "Gift"
and "financial benefit" do not include campaign contributions authorized
by law.
MINISTERIAL ACT
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
OUTSIDE EMPLOYER OR BUSINESS
A.
Any activity, other than service to the village, from which
the village officer or employee receives compensation for services
rendered or goods sold or produced;
B.
Any entity, other than the village, of which the village officer
or employee is a member, officer, director or employee and from which
such officer or employee receives compensation for services rendered
or goods sold or produced; or
C.
Any entity in which the village officer or employee has an ownership
interest, except a corporation of which the village officer or employee
owns less than 5% of the outstanding stock.
D.
For purposes of this definition, "compensation" shall not include
reimbursement for necessary expenses, including travel expenses.
PERSON
Includes both individuals and entities.
RELATIVE
A spouse, child, stepchild, brother, stepbrother, sister,
stepsister, parent, stepparent or grandparent of the village officer
or employee; or a person claimed as a dependent on the village officer's
or employee's most recent individual federal or state income tax return.
SUBORDINATE OF A VILLAGE OFFICER OR EMPLOYEE
Another village officer or employee over whose activities
such officer or employee has direction, supervision or control, except
those who serve in positions that are in the exempt classification
under § 41 of the Civil Service Law of the State of New
York or in unclassified service under Subdivisions (a) through (f)
of § 35 of that law.
VILLAGE
The village and any of its boards or agencies, but shall
not include the Village Justice Court.
VILLAGE OFFICER OR EMPLOYEE
Any officer or employee of the village, whether paid or unpaid,
and includes, without limitation, all members of any office, board,
body, advisory board, council, commission, agency, department, district,
administration, division, bureau or committee of the village. The
term "village officer or employee" shall not include:
A.
A judge, justice, officer or employee of the unified court system;
B.
A volunteer firefighter or civil defense volunteer, when acting
in such capacity; or
C.
A member of an advisory board of the village if the advisory
board has no authority to implement its recommendations, to act on
behalf of the village or to restrict the authority of the village
to act.
Any contract or agreement entered into by or with the village
which results in or from a violation of any provision of this chapter
shall be void unless ratified by the village. Such ratification shall
not affect the imposition of any criminal or civil penalties pursuant
to this chapter or any other provision of law.
Within 90 days after the effective date of this chapter, and during the month of March in each year after the year in which this chapter becomes effective, the Village Clerk shall notify all village officers and employees who are required to file annual disclosure statements pursuant to §
20-8 of this chapter. In the event any such statement is not filed within 60 days after such notification, the Village Clerk shall report such failure to file to the Ethics Board.
An Ethics Board member may be removed from office in the same
manner in which such member was appointed, after written notice and
opportunity for reply. Grounds for removal shall be failure to meet
the qualifications set forth in this chapter for members of such Board,
substantial neglect of duty, gross misconduct in office or inability
to discharge the powers or duties of office or violation of this chapter.
At its first meeting in each official year, the Ethics Board
shall elect a chair 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.
The Ethics Board shall review all annual and other disclosure
statements made pursuant to this chapter 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. If the Board determines
that a required disclosure statement has not been filed, is deficient
or reveals a possible or potential violation of this chapter, the
Board shall give appropriate written notice to the person responsible
to file such statement, which notice may include a description of
the penalties for such failure to file, incorrect filing or possible
or potential violation.
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 of the State of New York.