[HISTORY: Adopted by the Board of Trustees of the Village
of Mineola as indicated in article histories. Amendments noted where
applicable.]
[Adopted by L.L. No. 13-1986 (Ch. 4 of the 1994 Code)]
This article shall be known as the "Incorporated Village of
Mineola Financial Disclosure Law."
It is hereby declared the policy of the Incorporated Village
of Mineola to:
A.
Ensure to the citizens of the Incorporated Village of Mineola a Village
government that is administered free from any conflicts of interest
by employees who affect the integrity of the Village government;
B.
Recognize that the citizens of the Incorporated Village of Mineola
are entitled to a high standard of candor from their public servants;
C.
Provide a means by which those Village employees may disclose those
aspects of their business and personal affairs which, even though
they may not relate to the specific duties of the Village employee,
reflect upon the integrity of the Village government;
D.
Discourage and detect corruption and the appearance of corruption;
E.
Instill in the public a sense of confidence and integrity and impartiality
of its public servants.
The Board of Trustees of the Incorporated Village of Mineola
has made the following findings of fact and determination:
A.
The citizens of the Incorporated Village of Mineola desire and require
accountability and candor of Village government, more particularly
of those employees who perform responsible functions on behalf of
the Village government.
B.
Any conflict of interest on the part of Village officials or employees
is deleterious to the Village government administration and credibility.
C.
Those persons who hold Village positions as hereinafter defined constitute
a distinct class of Village government officials and employees whose
public and personal affairs reflect upon and relate to the credibility
and quality of government administration.
For the purpose of this article, the following definitions shall
have the following meanings:
The Clerk of the Incorporated Village of Mineola.
All elected officials, all appointed officials, all department
heads, deputy department heads and all confidential personnel.
Any legal or equitable interest, whether or not subject to
an encumbrance or condition, which was owned or held, in whole or
in part, jointly or severally, directly or indirectly, at any time
during the preceding 18 months for which a required statement is to
be filed pursuant to this article. It shall include, but not be limited
to, any information required in the verified statement of public disclosure.
Any statement which is either:
Erroneous because the misinformation is of such a significance
so as to render the total scope of the disclosure statement as inaccurate;
or
Of such a nature that the misinformation relates to the specific
duties of the employee or reflects upon the integrity of the employee
in the performance of his or her duties.
Spouse or children residing in the household.
The attested statement and contents therein, as set forth in § 54-7 of this article, which is required to be filed pursuant to this article.
Each and every employee or official shall file with the Clerk
a statement answering each and every question set forth in the financial
disclosure statement.
[Amended 6-13-2018 by L.L. No. 4-2018]
All elected and appointed officials and employees shall file
their respective statements with the Clerk on or before the 60th day
after the effective date of this article, within 30 days of employment,
election, or appointment and on April 30 of each year thereafter.
The disclosure statement, as set forth herein, shall be the
approved disclosure statement.[1]
[1]
Editor's Note: The financial disclosure statement is included as an attachment to this chapter.
A.
Civil.
(1)
If any employee or official shall refuse or fail, either unknowingly
or intentionally, to file a statement as required by this article,
the Clerk shall notify the Village Board that said individual has
not filed a statement. Upon such notification, the Treasurer shall
withhold the paycheck of such employee or official. In addition, the
employee or official shall also be notified, by certified mail, that
no statement has been filed.
(2)
Once a statement has been filed, the Clerk shall promptly notify
the Village Board that the employee or official has complied with
the filing requirement of this article, and the Treasurer shall release
all moneys withheld.
(3)
Notwithstanding any other penalties imposed by this section, if any
employee or official does not file a statement within 45 days after
being notified by the Clerk that such employee or official has failed
to file, or if the employee or official files a statement which the
Village Board determines was filed with the intent to deceive, intentionally
misrepresent, or otherwise fraudulently answered any question set
forth in the statement or intentionally withheld any information asked
or demanded in the statement, such action shall be deemed a misconduct
of office and shall be grounds for dismissal or removal pursuant to
Civil Service Law § 75, Public Officers Law Article 3, the
Village Law, or any other applicable provision of law.
B.
Criminal. If any employee or official files a statement with the intent to deceive, intentionally misrepresent, or to otherwise fraudulently answer any question set forth in the statement, or to intentionally withhold any information asked or demanded in the statement, and if such deception or misrepresentation is found to be both intentional and material as defined in § 54-4 herein, then such employee or official shall, upon conviction, be guilty of a Class B misdemeanor, punishable by a fine of not more than $500 or imprisonment of not more than three months, or both. In all criminal proceedings, the Clerk, through a designated representative, shall act as the complaining witness.
[Adopted 6-11-2014 by L.L. No. 5-2014]
This article shall be known as the "Incorporated Village of
Mineola Code of Ethics."
A.
Whereas, Article 18 of the General Municipal Law prohibits the officers
and employees of a municipality from having certain conflicts of interest;
and
B.
Whereas Section 806 of the General Municipal Law requires the governing
body of each village to adopt a code of ethics that sets forth for
the guidance of its officers and employees standards of conduct reasonably
expected of them, and
C.
Whereas, a code of ethics adopted by the governing body of a municipality
must set forth standards of conduct for the guidance of the officers
and employees of the municipality with respect to disclosure of interests
in legislation before the local governing body, holding of investments
in conflict with official duties, private employment in conflict with
official duties, future employment, and such other standards as may
be deemed advisable.
D.
Now, therefore, be it resolved that the Board of Trustees of the
Incorporated Village of Mineola hereby adopts a code of ethics to
read as follows.
|
Code of Ethics of the Incorporated Village of Mineola
|
Officers and employees of the Incorporated Village of Mineola
hold their positions to serve and benefit the public, and not for
obtaining unwarranted personal or private gain in the exercise and
performance of their official powers and duties. The Mineola Board
of Trustees recognizes that, in furtherance of this fundamental principle,
there is a need for clear and reasonable standards of ethical conduct.
This code of ethics establishes those standards.
As used in this article, the following terms shall have the
meanings indicated:
The governing board of a municipality and any municipal administrative
board (e.g., planning board, zoning of board of appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
This code of ethics.
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he or she, his
or her spouse, or a member of his or her household, is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
The Incorporated Village of Mineola. The word "municipal"
refers to the municipality.
A paid or unpaid officer or employee of the Incorporated
Village of Mineola, including but not limited to the members of any
municipal board.
A spouse, parent, stepparent, sibling, stepsibling, sibling's
spouse, child, stepchild, uncle, aunt, nephew, niece, first cousin,
or household member of a municipal officer or employee, and individuals
having any of these relationships to the spouse of the officer or
employee.
This code of ethics applies to the officers and employees of
the Incorporated Village of Mineola, and shall supersede any prior
municipal code of ethics. The provisions of this code of ethics shall
apply in addition to all applicable state and local laws relating
to conflicts of interest and ethics including, but not limited to,
Article 18 of the General Municipal Law and all rules, regulations,
policies and procedures of the Incorporated Village of Mineola.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any private organization
in which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before
a municipal officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
relative, or any private organization in which he or she is deemed
to have an interest, the municipal officer or employee shall disclose
in writing the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the municipal officer or employee, or when the
municipal officer or employee first acquires knowledge of the interest
requiring disclosure, whichever is earlier.
C.
In the case of a person serving in an elective office, the disclosure
shall be filed with the governing board of the municipality. In all
other cases, the disclosure shall be filed with the person's
supervisor or, if the person does not have a supervisor, the disclosure
shall be filed with the municipal officer, employee or board having
the power to appoint to the person's position. In addition, in
the case of a person serving on a municipal board, a copy of the disclosure
shall be filed with the board. Any disclosure made to a board shall
be made publicly at a meeting of the board and must be included in
the minutes of the meeting.
A.
No municipal officer or employee may participate in any decision
or take any official action with respect to any matter requiring the
exercise of discretion, including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board; or
(2)
If the power or duty is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer does not have a deputy, the power or duty
shall be performed by another person to whom the officer may lawfully
delegate the function.
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position (§ 54-14), disclosure requirements (§ 54-15), and requirements relating to recusal and abstention (§ 54-16), shall not apply with respect to the following matters:
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A.
Can be reasonably expected to require more than sporadic recusal and abstention pursuant to § 54-16 of this code;
B.
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C.
Violates Section 805-a(l)(c) or (d) of the General Municipal Law;
or
D.
Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
A.
No municipal officer or employee may ask for, pursue or accept a
private postgovernment employment opportunity with any person or organization
that has a matter requiring the exercise of discretion pending before
the municipal officer or employee, either individually or as a member
of a board, while the matter is pending or within the 30 days following
final disposition of the matter.
B.
No municipal officer or employee, for the one-hundred-eighty-day
period after serving as a municipal officer or employee, may represent
or render services to a private person or organization in connection
with any matter involving the exercise of discretion before the municipal
office, board, department or comparable organizational unit for which
he or she serves.
C.
No municipal officer or employee, at any time after serving as a
municipal officer or employee, may represent or render services to
a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A.
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel,
and the municipality's money, vehicles, equipment, materials,
supplies or other property.
B.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by Section 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by Section 803 of the General Municipal Law.
Except as otherwise required by law:
A.
No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the municipality or a municipal board.
B.
No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
A.
No municipal officer or employee shall directly or indirectly compel
or induce a subordinate municipal officer or employee to make, or
promise to make, any political contribution, whether by gift of money,
service or other thing of value.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any municipal officer or employee, or an applicant for a position
as a municipal officer or employee, on the basis of the giving or
withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of Section 805-a(1)(a) of the General Municipal
Law as interpreted in this section.
B.
No municipal officer or employee may directly or indirectly solicit
any gift.
C.
No municipal officer or employee may accept or receive any gift,
or multiple gifts from the same donor, having an annual aggregate
value of $75 or more when:
(1)
The gift reasonably appears to be intended to influence the officer
or employee in the exercise or performance of his or her official
powers or duties;
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3)
The gift is intended as a reward for any official action on the part
of the officer or employee.
D.
For purposes of this section, a "gift" includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail
cost of the item or a comparable item. The fair market value of a
ticket entitling the holder to food, refreshments, entertainment,
or any other benefit is the face value of the ticket, or the actual
cost to the donor, whichever is greater. Determination of whether
multiple gifts from a single donor exceed $75 must be made by adding
together the value of all gifts received from the donor by an officer
or employee during the twelve-month period preceding the receipt of
the most recent gift.
E.
Presumption of influence or reward.
(1)
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his or her official powers
or duties when the gift is from a private person or organization that
seeks municipal action involving the exercise of discretion by or
with the participation of the officer or employee.
(2)
A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding 12 months.
F.
This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as
a municipal officer or employee, is the primary motivating factor
for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee,
or other service to the community; or
(6)
Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional or educational
conference or program and the meals and refreshments are made available
to all participants.
A.
There is hereby established a Board of Ethics for the municipality.
The Board of Ethics shall consist of five members, a majority of whom
shall not be officers or employees of the municipality, but at least
one of whom must be a municipal officer or employee. The members of
such Board of Ethics shall be appointed by the Mayor subject to approval
by the Board of Trustees, serve at the pleasure of the appointing
authority, and receive no salary or compensation for their services
as members of the Board of Ethics.
B.
The Board of Ethics shall render advisory opinions to the officers
and employees of the Incorporated Village of Mineola with respect
to Article 18 of the General Municipal Law and this code. Such advisory
opinions must be rendered pursuant to the written request of any such
officer or employee under such rules and regulations as the Board
of Ethics may prescribe. The Board of Ethics shall have the advice
of the Village Attorney. In addition, the Board of Ethics may make
recommendations with respect to the drafting and adoption of amendments
to this code of ethics upon the request of the Mayor.
C.
The Board of Ethics shall receive the annual financial disclosure
forms submitted by the officials and employees of the Village who
are required to file them and shall enforce the filing requirement.
The Board of Ethics shall establish processes to verify the completeness
of the forms each individual submits. To verify completeness, the
Board of Ethics should review each form to determine that all relevant
questions were answered and follow up on any missing information.
The Board of Ethics should take responsibility for reviewing the information
contained on the disclosure forms to identify transactions that could
pose conflicts of interest. To identify such transactions, the Board
of Ethics should maintain a list of outside business interests, and
supply the list of vendors to appropriate Purchasing Department personnel
for their use in identifying potential interests in contracts that
would be prohibited by the General Municipal Law or by this chapter.
Annual financial disclosures shall be made in accordance with Article I of this chapter.
A.
The Village Clerk must promptly cause a copy of this code, and a
copy of any amendment to this code, to be posted publicly and conspicuously
in each building under the municipality's control. The code must
be posted within 10 days following the date on which the code takes
effect. An amendment to the code must be posted within 10 days following
the date on which the amendment takes effect.
B.
The Village Clerk must promptly cause a copy of this code, including
any amendments to the code, to be distributed to every person who
is or becomes an officer and employee of the Incorporated Village
of Mineola.
C.
Every municipal officer or employee who receives a copy of this code
or an amendment to the code must acknowledge such receipt in writing.
Such acknowledgments must be filed with the Village Clerk who must
maintain such acknowledgments as a public record.
D.
The failure to post this code or an amendment to the code does not
affect either the applicability or enforceability of the code or the
amendment. The failure of a municipal officer or employee to receive
a copy of this code of ethics or an amendment to the code, or to acknowledge
receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.
This code takes effect upon filing with the Secretary of State.
