[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:
CLERK
The Clerk of the Incorporated Village of Mineola.
EMPLOYEE
All elected officials, all appointed officials, all department
heads, deputy department heads and all confidential personnel.
INTEREST
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.
MATERIAL
Any statement which is either:
A.
Erroneous because the misinformation is of such a significance
so as to render the total scope of the disclosure statement as inaccurate;
or
B.
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.
STATEMENT
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.
[Adopted 6-11-2014 by L.L. No. 5-2014]
This article shall be known as the "Incorporated Village of
Mineola Code of Ethics."
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:
BOARD
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.
CODE
This code of ethics.
INTEREST
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.
MUNICIPALITY
The Incorporated Village of Mineola. The word "municipal"
refers to the municipality.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Incorporated
Village of Mineola, including but not limited to the members of any
municipal board.
RELATIVE
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.
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.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A. Representing himself or herself, or his or her spouse or minor children
before the municipality; or
B. Asserting a claim against the municipality on his or her own behalf,
or on behalf of his or her spouse or minor children.
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.
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.
Annual financial disclosures shall be made in accordance with Article
I of this chapter.
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.