[HISTORY: Adopted by the Board of Trustees
of the Village of Hempstead 7-8-1970 by resolution; amended in its entirety 9-22-2010 by L.L. No.
22-2010. Subsequent amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the incorporated Village of
Hempstead, Nassau County, New York, 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.
It is the purpose of this chapter to promulgate these rules of ethical
conduct for the officers and employees of the incorporated Village
of Hempstead, Nassau County, New York. These rules shall serve as
a guide for official conduct of the officers and employees of the
incorporated Village of Hempstead, Nassau County, New York. The rules
of ethical conduct of this chapter, as adopted, shall not conflict
with but shall be in addition to any prohibition of Article 18 of
the General Municipal Law or any other general or special law relating
to ethical conduct and interest in contracts of municipal officers
and employees.
A.
The
proper operation of the incorporated Village of Hempstead's government
requires that its officers and employees be independent, impartial
and responsible to the people; that government decisions and policy
be made in the proper channels of the governmental structure; that
public office not be used for personal gain, that public officers
and employees observe in their official acts the highest standards
of ethics and discharge faithfully the duties of their public office
regardless of personal consideration, and that the public have confidence
in the integrity of its government and the officers and employees
thereof.
B.
It
is the policy of the Village to establish standards and guidelines
for ethical conduct of officers and employees. Though assurance of
such conduct will continue to rest primarily on personal integrity
and community vigilance, the establishment of standards is another
step toward providing the highest caliber of public administration
for the Village and ensuring that government decisions are arrived
at impartially and free of conflict of interests and thereby increasing
confidence in public officials.
C.
In
recognition of these goals, there is hereby established a Code of
Ethics for all officers and for all employees of the incorporated
Village of Hempstead, hereinafter referred to as the "Village." In
the event of any conflict between the provisions of this code and
provisions of Article 18 of the General Municipal Law, the latter
shall control.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any board, commission, authority, office committee,
department, branch, bureau or other administrative subdivisions of
the Village of Hempstead consisting of one or more persons, paid or
unpaid, which perform any function related to the business of the
government of the Village of Hempstead.
[Added 9-3-2019 by L.L.
No. 4-2019]
Includes salaries, wages, fees, commissions and receipt,
directly or indirectly, of any other thing of value.
[Added 9-3-2019 by L.L.
No. 4-2019]
Any information which by law or practice is not available
to the public.
When a Village official or employee uses his official office
or position of employment for the purpose of obtaining a pecuniary
and/or other benefit for himself/herself to the detriment of the interests
of the Village government and/or impairs the proper discharge of official
duties or employment.
Any claim, account or demand against or agreement with the
Village, express or implied.
A participation, connection or involvement of any sort, whether
direct or indirect, pecuniary or nonpecuniary which may result in
a benefit. For the purposes of this chapter, the interests of a Village
official or employee shall be deemed to include the interests of:
His/her spouse or children.
Any person, other than a bank, trust company or other lending
institution, with whom he has a substantial debtor-creditor or other
financial relationship.
A firm, partnership or association of which such officer or
employee is a member or employee.
Any person of which the stock or other legal or beneficial ownership
is owned by him/her.
A corporation of which such officer or employee is an officer
director or employee.
For the purpose of this chapter, an officer or employee shall also be deemed to have an interest in a matter if he or any person described in Subsection A(1) through (5) above is a party to an agreement, expressed or implied, with any applicant before any board of the Village, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or contingent upon the favorable approval of any such application, petition or request by any Village body.
An officer or employee of the Incorporated Village of Hemsptead,
whether paid or unpaid, including members of any administrative board,
commission or other agency thereof or of any authority, the members
of which are appointed by the Mayor or by the Mayor and the Board
of Trustees and the employees thereof. No person shall be deemed to
be a municipal officer or employee solely by reason of being a volunteer
fireman or civil defense volunteer, except a Fire Chief or Assistant
Fire Chief.
[Added 9-3-2019 by L.L.
No. 4-2019]
Any legislative, administrative, quasi-judicial, appointive
or discretionary act of a Village official or employee or a Village
body.
Any individual, business proprietorship, corporation, partnership,
association, venture, individual in representative or fiduciary capacity,
estate, trust or other entity.
An individual's spouse, child, stepchild, stepparent, or
any person who is a direct descendant of the grandparents of the reporting
individual or of the reporting individual's spouse.
[Added 1-7-2014 by L.L. No. 1-2014]
Any activity, application or proceeding which requires or
may require an official act or action of a Village officer or employee
or a Village body.
The incorporated Village of Hempstead.
The incorporated Village of Hempstead or any board, commission,
committee, district, council or other agency, department or unit thereof.
Any officer or employee of the Village, whether full- or
part-time or whether or not compensated for his or her services, including
members of any Village body. No person shall be deemed to be an "officer
or employee" solely by reason of being a volunteer fireman or civil
defense volunteer.
Every officer or employee of the Incorporated Village of Hempstead,
Nassau County, New York, shall be subject to and abide by the following
standards of conduct:
A.
Gifts.
No officer or employee of the Village shall accept, solicit or receive
any gift having a value of $75.00 or more, whether in the form of
money, services, loan, travel, entertainment, hospitality, thing or
promise or any other form, from any person, firm or corporation which
is interested directly or indirectly, in any manner whatsoever, in
business dealings with the Village or under circumstances in which
it could reasonably be inferred that the gift was intended to influence
him or could reasonably be expected to influence him in the performance
of his official duties or was intended as a reward for any official
action on his part. No officer or employee of the Village shall grant
in the discharge of his duties any improper favor, service or thing
of value. Nothing contained herein shall be deemed to prohibit any
officer or employee of the Village from borrowing money from any bank
or banks designated as depositories, agent, registration agent, or
investment of funds of a municipality, except when the Chief Fiscal
Officer, Treasurer or his/her deputy or employee has an interest in
such bank or trust company; provided, however, that the designation
of a bank or trust within the municipality may nevertheless be designated
by the Village Board. The limit of $75 applies to an aggregate total
of gifts made over a period of 12 months.
[Amended 1-7-2014 by L.L. No. 1-2014]
B.
Confidential
information. No municipal officer or employee shall disclose confidential
information acquired by him/her in the course of his/her official
duties or use such information to further his/her personal interest.
Further, no officer or employee of the Village shall:
(1)
Accept employment or engage in any business in any professional activity
which will require him/her to disclose confidential information which
he has gained by reason of his /her official position or authority.
(2)
Disclose any confidential information or use confidential information
to further his personal interests or the personal interests of others.
(3)
Take official action upon any questions in which he or any member
of his immediate family had an interest.
C.
Representation
before the Village. No Village officer or employee shall receive or
enter into any agreement, express or implied, for compensation for
services to be rendered in relation to any matter before any Village
agency of which he is an officer, member or employee or before any
Village agency over which he has jurisdiction or to which he has the
power to appoint any member, officer or employee.
D.
Representation
before the Village for a contingent fee. No Village officer or employee
shall receive or enter into any agreement, express or implied, for
compensation for services to be rendered in relation to any matter
before any Village agency whereby his/her compensation is to be dependent
or contingent upon any action by such agency with respect to such
matter, provided that this subsection shall not prohibit the fixing
at any time of fees based upon the reasonable value of the services
rendered.
E.
Disclosure
of interests.
[Amended 1-7-2014 by L.L. No. 1-2014]
(1)
Except
as otherwise provided by law, no Village officer or employee shall
have an interest in any contract, purchase agreement, lease agreement
or other agreement, including oral agreements, with the Village, when
such officer or employee, individually or as a member of a board,
has the power or duty to either:
(2)
Any municipal
officer or employee who has, or later acquires, an interest in or
whose relative has, will have, or later acquires an interest in any
actual or proposed contract, purchase agreement, lease agreement or
other agreement, including oral agreements, with the Village shall
publicly disclose the nature and extent of such interest in writing
to his or her immediate supervisor and to the governing body thereof
as soon as he or she has knowledge of such actual or prospective interest.
Such written disclosure shall be made part of and set forth in the
official record of the proceedings of such body.
F.
Business
transactions and disclosures. No officer or employee of the Village
shall have any interest, financial or otherwise, direct or indirect,
or engage in any business or transaction, professional activity or
legislation or incur any obligation of any nature, which is in conflict
with, or might reasonably tend to conflict with, the proper discharge
of his/her duties in the public interest. Any officer or employee
who has a direct or indirect financial or other private interest in
any matter before any board of the Village shall publicly disclose
in writing on the official record of such board the nature and extent
of such interest prior to participating in the discussion or before
making a recommendation or giving an opinion to such board on such
matter.
G.
Private
employment. No officer or employee of the Village 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/her
official duties .
H.
Familial
interests. No officer or employee of the Village shall take official
action upon any questions in which he or any of his relatives has
an interest.
[Amended 1-7-2014 by L.L. No. 1-2014]
I.
Representation
of private interests. No officer or employee or the Village shall
represent private interests before any board, department, office or
agency of the Village, nor represent private interests in any action
or proceeding against the interests of the Village or in any litigation
to which the Village is a party. The preceding sentence shall not
preclude any such officers or employees from appearing in the performance
of public or civic obligations or on their own behalf with respect
to matters of a personal nature. All appearing parties before any
board of the Village shall make a disclosure as provided under § 809
of Article 18 of the General Municipal Law. Every application, petition
or request submitted for a variance, amendment, change of zoning,
approval of a plat, exemption from a plat or official map, license
or permit pursuant to the provisions of any ordinance, local law,
rule or regulation constituting the zoning and planning regulations
of the Village in which a Village officer or employee has an interest
as defined in this chapter shall state the name, residence and the
nature and extent of the interest of any officer or employee of the
Village, in the person, partnership or association making such application,
petition or request to the extent known to such applicant.
J.
Future
employment.
(1)
No officer or employee of the Village shall, after the termination
of service or employment with the incorporated Village of Hempstead,
appear before any board or agency of the incorporated Village of Hempstead,
Nassau County, New York, in relation to any case, proceeding or application
in which he personally participated during the period of his/her service
or employment or which was under his/her active consideration.
(2)
No Village officer or employee shall, within two years after the
separation from his or her employment, appear before any board, agency
or commission of the Village 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 prior contact and relationship with the Village
may be realized.
(3)
No Village officer or employee shall, within a period of two years
after the termination of service or employment with the Village, appear
or practice before any board, agency or commission of the Village
or receive compensation for any services rendered by such former officer
or employee on behalf of any person, firm, corporation or association
in relation to any case, proceeding or application or other matter
before such board, agency or commission of the Village.
[Added 1-7-2014 by L.L. No. 1-2014]
K.
Misuse
of privilege. No officer or employee of the Village shall use or attempt
to use his/her official position to secure unwarranted privileges
or exemptions for himself/herself or others or grant any special consideration,
treatment or advantage to any citizens beyond that which is available
to every other citizen.
L.
Attempts
of undue influence. No officer or employee of the Village shall, by
his conduct, give reasonable basis for the impression that any person
can unduly influence him or improperly enjoy his favor in the performance
of his official duties or that he is affected by the kinship, rank,
position or influence of any party or person. No officer or employee
of the Village shall induce, threaten or coerce or aid another officer
or employee of the Village to violate any of the provisions of this
Code of Ethics.
M.
Use
of employees for outside work. No officer or employee of the Village
shall direct or cause any officer or employee of the Village to do
or perform any service or work outside of public work or employment,
or accept any such service or work, nor shall any officer or employee
of the Village offer to or perform any such service or work for such
officer or employee.
N.
Use
of Village property. No officer or employee of the Village shall request
or permit the use of Village-owned vehicles, equipment, materials
or property for personal convenience or profit. Only when such vehicles,
equipment, materials or property are provided as Village policy and
by order of the Village administration for the use of such officer
or employee may they be used and then only in the conduct of official
business.
O.
Solicitation
of contributions. No Village officer or employee or consultant shall,
directly or indirectly, solicit any gift, contribution or donation
from any subordinate employee or trustee.
P.
Village
Attorney. The Village Attorney or Village Counsel shall accept no
employment from any person, firm, partnership, corporation, municipality
or other entity which will create a conflict of interest or the appearance
of a conflict of interest with the interests of the Village.
Q.
Personal
investments. An officer or employee of the Village should abstain
from making personal investments in an enterprise which he/she has
reason to believe may be directly involved in decisions to be made
by him/her in his/her capacity as a Village officer or employee or
which will otherwise create substantial conflict between his/her duty
in the public interest and his/her private interest.
R.
Course
of conduct. An officer or employee of the Village should endeavor
to pursue a course of conduct which will not raise suspicion among
the public that he/she is likely to be engaged in acts that are in
violation of his/her trust.
S.
Subsections A through R. Subsections A through R hereinabove are a comprehensive, but not necessarily exclusive, list of provisions regarding ethical behavior of Village officers and employees. Village officers and employees should seek the assistance of the Village Attorney when in doubt regarding any particular behavior or issue.
Nothing herein shall be deemed to bar or prevent the timely
filing by a present or former municipal officer or employee of any
claim, account, demand or suit against the incorporated Village of
Hempstead, Nassau County, New York, or any agency thereof on behalf
of himself/herself or any member of his/her family arising out of
any personal injury or property damage or for any lawful benefit authorized
or permitted by law.
[Amended 1-7-2014 by L.L. No. 1-2014]
The Mayor of the Incorporated Village of Hempstead, Nassau County,
New York, shall cause a copy of this Code of Ethics to be distributed
to every officer and employee of the Incorporated Village of Hempstead
within 30 days after the effective date of this chapter. Every officer
or employee shall sign a written receipt indicating receipt of said
documents. Said original receipts shall be filed in the Village Clerk's
office, and a photocopy shall be filed in the officer's or employee's
personnel folder and with the Village Board of Trustees. 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 enforcements of provisions thereof.
[Amended 1-7-2014 by L.L. No. 1-2014; 9-3-2019 by L.L. No. 4-2019]
There is established a Board of Ethics consisting of seven members
appointed by the Mayor of the Incorporated Village of Hempstead, subject
to confirmation by the Board of Trustees who shall serve without compensation.
Of the members first appointed to the Board, two members shall hold
office for a term of one year, two for the term of two years, two
for the term of three years, one for the term of four years. If a
member is reappointed he shall be appointed for a term of four years.
Successors to such first appointed members of the Board of Ethics
shall be appointed for a term of four years from and after the expiration
of the terms of their predecessors in office. The members of the Board
of Ethics shall elect a Chairman from their group. The members shall
include:
A.
Clergy member
from a faith-based denomination located in the Village;
B.
The owner
of a business located within the Village for five or more years at
the time of appointment;
C.
A member
of a parent-teacher association associated with the Hempstead Public
School District that resides in the Village;
D.
A resident
of the Village of more than 25 years;
E.
A resident
of the Village of more than five years;
F.
A resident
that resides in a residential building with 40 or more apartment units;
and
G.
A member
of a civic association that does not hold office in said association.
H.
The Village
Attorney as a nonvoting member.
[Added 12-3-2019 by L.L. No. 5-2019[1]]
The Board of Ethics shall have the powers and duties prescribed
by Article 18 of the General Municipal Law and shall render advisory
opinions to the officers and employees of the Incorporated Village
of Hempstead with respect to Article 18 of the General Municipal Law,
and any code of ethics adopted pursuant to such article under such
rules and regulations as the Board may prescribe. In addition, the
Board may make recommendations with respect to the drafting and adoption
of amendments to the Code of Ethics under request of the Board of
Trustees of the Incorporated Village of Hempstead. All requests for
opinions must be submitted to the Board in writing and such opinions
shall be rendered only to the person duly requesting it. Such Board
shall promulgate its own rules and regulations as to its forms and
procedures and shall maintain appropriate records of its opinions
and proceedings.
In addition to any penalty contained in any other provision
of law, any person who shall knowingly and intentionally violate any
of the provisions of this chapter may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided
by law.
If any clause, sentence, paragraph, subdivision, section or
other part of this chapter shall for any reason be adjudged by any
court of competent jurisdiction to be unconstitutional or otherwise
invalidated, such judgment shall not affect, impair or invalidate
the remainder of this chapter, and it shall be construed to have been
the legislative intent to enact this chapter without such unconstitutional
or invalid parts therein.
This chapter shall take effect immediately upon filing in the
Office of the Secretary of State of the State of New York.
