[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan 12-4-1995 by L.L. No. 3-1995. Amendments noted where
applicable.]
This chapter shall be known and cited as the "Ethics in Government
Law of the Village of Buchanan."
Public service should be considered the highest calling of a
citizen, and the public interest should take precedence over all private
interests. To achieve these ends, a Village government should require
that public officers, employees and agency members be honest, fair
and responsible to the people; that they exercise independent and
impartial judgment; that they give their undivided allegiance to the
public seal regardless of factionalism or transient political majorities;
that public office and employment not be used for personal gain; that
public officers and employees observe in their official acts the highest
standards of integrity and faithfully discharge their duties regardless
of personal consideration; and that the public have confidence in
its government and the officers and employees thereof and that those
officers and employees avoid even the appearance of impropriety. In
recognition of these goals there is hereby established a Code of Ethics
for officers, employees and agency members of the Village of Buchanan
(hereinafter sometimes also referred to as the "Village") and Board
of Ethics to render advisory opinions with respect thereto, to investigate
alleged violations thereof and to facilitate compliance therewith.
The rules, regulations, standards, prohibited acts and procedures
herein set forth are in addition to any provision of Article 18 of
the General Municipal Law or any other general or special law or cannon
relating to conflicts of interest, ethical conduct and interest of
municipal officers and employees in contracts and are also in addition
to common law rules and judicial decisions relating thereto and to
the rules and regulations of the Police Department to the extent the
same are more severe or restrictive in their application than this
chapter. To the extent any other provision of law, rules, regulations
or judicial decisions relating to conflicts of interest, ethical conduct
and interest of municipal officers and employees in contracts shall
be more severe or restrictive in their application, they shall prevail
over the provisions of this chapter, but not otherwise.
A.
AGENCY MEMBER
APPOINTED OFFICER
COMPENSATION
ELECTED OFFICER
EMPLOYEE
INTEREST
VILLAGE
Terms
defined. As used in this chapter, the following terms shall have the
meanings indicated:
A member of any Village agency, board, committee or department
created by law or appointed by the Village Trustees or the Mayor.
Every appointed official of the Village as defined in the
Village Law, the General Municipal Law, the Public Officers Law or
any other law referring to officers acting on behalf of the Village
or any agency thereof, and shall also include those persons employed
by the Village on a full-time or part-time basis as department heads
or deputy department heads or whose job categories are classified
as exempt for civil service classification purposes.
Any money, thing of value or financial benefit conferred,
granted, given or awarded for services rendered or to be rendered.
Every elected official of the Village as defined in the Village
Law, the General Municipal Law, the Public Officers Law or any other
law referring to officers acting on behalf of the Village.
Any person directly employed on a full- or part-time basis
by the Village or any agency thereof and compensated therefor except
that it shall not include part-time services rendered by independent
contractors under special agreements of retention.
A pecuniary or material benefit accruing to an officer or
employee as the result of a business or professional transaction with
the Village of Buchanan. For the purposes of this chapter, an officer
or employee shall be deemed to have an interest in the affairs of
his spouse, minor children and dependents; a firm, partnership or
association of which such officer or employee is a member or employee;
a corporation of which such officer or employee is an officer, director
or employee; and a corporation any stock of which is owned or controlled,
directly or indirectly, by such officer or employee.
The Village of Buchanan, a municipal corporation and the
geographical environs thereof where the context warrants, and said
corporation shall include any agency, board, bureau, commission, committee,
department or office.
B.
Word
usage. The masculine gender as used herein shall include the feminine
and neuter, where appropriate, and the singular shall include the
plural and vice versa.
A.
Conflicts
of interest. No officer or employee of the Village of Buchanan shall:
(1)
Knowingly have any interest, financial or otherwise, direct or indirect,
or engage in any business or transaction or professional activity
or incur any obligation of any nature which is in conflict with or
might reasonably tend to conflict with the proper discharge of his
duties in the public interest.
(2)
Act as attorney, director, broker, agent, representative or employee
for any person, firm or corporation interested, directly or indirectly,
in any manner whatsoever in business or professional dealings with
the Village unless full disclosure is made as to such interest to
the Village Trustees, in writing, and such officer or employee disqualifies
himself from acting in his official capacity in matters affecting
such person, firm or corporation.
(3)
Accept other employment or engage in any business transactions or
have any interest, directly or indirectly, which conflicts with the
proper discharge of public duties.
B.
Representation
of private interests. No officer of the Village shall, directly or
indirectly, represent, be involved with or seek approval in connection
with any private or public interests before any department, office
or agency of the Village nor represent private interests, directly
or indirectly, in any action or proceeding against the interests of
the Village or any litigation to which the Village is a party. This
shall not, however, preclude any officer or employee from appearing
in the performance of public or civic obligations.
C.
Disclosure
of interest in pending litigation. Any member of the Village Board
who has a direct or indirect financial or other private interest in
any matter before the Village Board or any officer or employee who
has a direct or indirect financial or other private interest in any
matter before the Village Board and who participates in the discussion
before, makes a recommendation to or gives an opinion to the Board
on that matter shall publicly disclose on the official record of the
Village Board the nature and extent of such interest.
D.
Acceptance
of gifts and favors. No officer or employee of the Village of Buchanan,
whether paid or unpaid, shall accept any gift having a value of $25
or more, whether in the form of service, loan, thing or promise or
any other form, from any person, firm or corporation which, to his
or her knowledge, is interested, directly or indirectly, in any manner
whatsoever in business dealings with the Village of Buchanan; nor
shall any such officer or employee accept any gift, favor or thing
of value that may tend to influence him or her in the discharge of
his or her duties or grant, in the discharge of his or her duties,
any improper favor, service or thing of value. However, recognizing
the prevalent and accepted practice of the giving of gifts during
the holiday season, such gifts are specifically excepted from this
section when it is clearly understood that the giving and receipt
of such gifts is not intended to and shall not influence the recipient
in the performance of his or her duties. Each member of the Village
Board of Trustees, Planning Board, Zoning Board of Appeals and the
Village Administrator and Building Inspector shall file a full and
complete list on the prescribed form of any such holiday and/or other
gifts received during any year in office and shall submit such list
to the Chairperson of the Board of Ethics for the private information
of the Board prior to January 31 of the following year. Gifts received
at times other than during the holidays shall be inventoried by the
recipient on the aforesaid Boards and by the aforesaid individuals,
and a list of such gifts shall be submitted simultaneously with the
submission of the list of holiday gifts. Each member of the aforesaid
Boards and the aforesaid individuals must individually file a declaration
of gifts each year while in office, whether or not he or she received
any gifts. Such lists shall then be filed with the Village Clerk by
the Chairperson of the Board of Ethics.
E.
Interests
in conflict with official duties. An officer or employee of the Village
shall abstain from making personal investments in enterprises which
he or she has reason to believe may be directly involved in decisions
to be made by him or her or which will otherwise create conflict between
his or her public duty and his or her private interest and shall refrain
from passing upon or causing any official or employee of the Village
from passing upon any questions in which he or she or any member of
his or her immediate family has an interest which might reasonably
be deemed to create such a conflict.
F.
Disclosure
of confidential information.
(1)
No officer or employee of the Village of Buchanan, whether paid or
unpaid, shall accept employment or engage in any business or professional
activity which will require him or her to disclose confidential information
which he or she has gained by reason of his or her official position
or authority.
(2)
No officer or employee of the Village shall disclose confidential
information acquired by him or her in the course of his or her official
duties or use such information to further his or her personal interests
or the private interests of others.
G.
Incompatible
employment. No officer or employee of the Village of Buchanan shall
accept other employment which will impair his or her independence
of judgment in the exercise of his or her official duties or cause
any other official or employee to take action which will call into
question his or her independence of judgment in the exercise of his
or her official duties.
H.
Unwarranted
privilege or influence.
(1)
No officer or employee of the Village of Buchanan shall use or attempt
to use his or her official position to secure unwarranted privileges
or exemptions for himself or herself or others or grant any special
consideration, treatment or advantage to any citizens beyond that
which is available to every other citizen.
(2)
No officer or employee of the Village of Buchanan shall, by his or
her conduct, give reasonable basis for the impression that any person
can unduly influence him or her improperly or enjoy his or her favor
in the performance of his or her official duties or that he or she
is affected by kinship, rank, position or influence by any party or
person.
I.
Use
of Village employees services or public property; political contributions.
(1)
No officer or employee of the Village of Buchanan 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
of Buchanan offer to perform any such service or work for such officer
or employee.
(2)
No officer or employee of the Village of Buchanan shall request or
permit the use of Village-owned vehicles, equipment, materials or
property for personal convenience or profit, except when such services
are available to the public generally or are provided as Village policy
for use of such officer or employee in the conduct of official business.
(3)
No officer or employee of the Village of Buchanan shall solicit or
be solicited, directly or indirectly, to contribute, donate, give
or grant any moneys or property to any Village political party, political
campaign or political office. This restriction shall not be construed
to prevent the voluntary contribution of such moneys or property by
any Village employee to any political party, political campaign or
political office.
J.
Future
employment. No officer or employee of the Village of Buchanan shall
solicit, negotiate for or promise to accept employment by any person,
firm or corporation with which he or she or his or her department,
office or agency is engaged on behalf of the Village of Buchanan in
the transaction of business which is or may be affected by his or
her official action.
K.
Multiple
offices. No person may serve as Mayor, as a member of the Village
Board or as a member of the Board of Ethics and, during the same time
period, also serve as a member of either the Planning Board, the Board
of Assessment Review or the Zoning Board of Appeals.
L.
Additional
standards for members of the Zoning and Planning Boards.
(1)
No member of the Planning and Zoning Board of Appeals shall participate
directly or indirectly in any decision involving any matter before
the Planning Board, Zoning Board or Village Board in which he may
have an interest, directly or indirectly, or wherein he does or may
have done business with the applicant or with any party having an
interest in such matter during his tenure as a member of said Board
and for a five-year period prior to his appointment to such Board.
(2)
Immediately upon learning of such application or matter before the
Planning or Zoning Board, said member shall promptly disclose his
relationship with such applicant in the decisionmaking process, including
participation in any public hearing, informational meeting or any
discussions at any executive session relating to such matter.
In addition to any penalty contained in any other provision
of law, any person who shall willfully and knowingly violate any of
the provisions of this code may be fined, suspended or removed from
office or employment, as the case may be, in the manner provided by
law.
The Village Clerk shall cause a copy of the Code of Ethics to
be distributed to every officer, employee and agency member of the
Village within 30 days after the enactment date of this chapter. Each
officer, employee and agency member elected or appointed thereafter
or nominated for office shall be furnished a copy before entering
upon the duties of his office or employment or within 10 days after
nomination. Each officer, employee and agency member shall acknowledge,
in writing, by a statement filed of public record in the office of
the Village Clerk that he has received a copy of this code.
A.
A
Board of Ethics is hereby established to be composed of five members
appointed by the Village Board, all of whom shall reside in the Village
of Buchanan. The Village Attorney shall be a member ex officio of
such Board of Ethics without the power to vote. In accordance with
§ 808 of the General Municipal Law, one member of such Board
shall be an elected or appointed officer or employee of the Village.
The members of such Board shall receive no salary or compensation
for their services as members of such Board and shall serve at the
pleasure of the Village Board for terms of five years each with the
initial appointments being one member for an initial term of one year,
one member for an initial term of two years, one member for an initial
term of three years, one member for an initial term of four years
and one member for an initial term of five years.
B.
Such
Board of Ethics shall not be constituted of a majority of any political
party in the Village. The Board of Ethics each year shall elect from
its membership the Chairperson and Secretary and, upon its formation,
shall promulgate its own rules and regulations as to its forms and
procedures and shall maintain proper records of its opinions and proceedings
for which reasonable and necessary expenses it shall be reimbursed
as a Village charge, and an adequate appropriation for its operation
shall be budgeted by the Village Board in accordance with and subject
to any limitations and requirements of state law. Any vacancy shall
be filled in the same manner in which the original appointment was
made.
C.
Advisory
opinions.
(1)
The Board of Ethics shall render advisory opinions at the request
of the Village Board and to actual and prospective Village officers,
employees and agency members with respect to Article 18 of the General
Municipal Law and this Code of Ethics. The identity of the requesting
officer, employee or agency member, actual or potential, and of the
requesting party shall be treated as confidential, but the opinion
of the Board shall be a matter of public record and shall be filed
in the office of the Village Clerk. The Board of Ethics may make recommendations
to the Village Board with respect to the amendment of this Code of
Ethics. No amendment initiated by the Village Board shall be adopted
by the Village Board without affording the Board of Ethics at least
30 days to consider the Village Board's amendment.
(2)
The Board of Ethics, upon adopting rules and regulations relative
to the conduct of its business, shall render advisory opinions subject
to these limitations:
(a)
Requests for opinions shall be in writing.
(b)
Requests for inquiries must originate with a municipal officer or
employee.
(c)
Requests or inquiries must relate to the subjects encompassed within
the Conflict of Interest Law (General Municipal Law Article 18) or
a Code of Ethics.
(d)
The form and content of requests for opinions and opinions shall,
in addition, conform with the following:
[1]
A copy of any charges brought against an official or employee
shall forthwith be sent to such person by the Secretary of the Board
of Ethics, together with a notice that such official or employee will
be given 45 days in which to respond to the charges made against him
or her, and the Board of Ethics shall have the authority to grant
an extension of time to respond not to exceed an additional 30 days
unless for good cause shown.
[2]
Form and content. The form and content of opinions shall include:
[a]
A full statement of the facts.
[b]
A full statement of pertinent law and/or provision of the Code
of Ethics.
[c]
A conclusion.
[d]
Signatures of all members who are in agreement with such opinion
or report.
[e]
A minority report or opinion signed by those members not in
agreement with the majority report or opinion. A copy of the opinion
of the Board of Ethics shall be sent to the official or employee making
the inquiry and to the official or employee who is the subject of
the charge or inquiry.
(3)
Rules and regulations adopted to govern the conduct of meetings of
the Board shall include the following:
(a)
The number of Board members constituting a quorum, which shall not
be less than a majority (i.e., three members) of the Board of Ethics
as established herein.
(b)
The number of Board members necessarily in affirmative agreement
to render an opinion, which shall not be less than a majority (i.e.,
three members) of the Board as established herein.
(c)
The form and content of records of proceedings and other Board records.
(d)
Such other rules and regulations as may be necessary and proper to
accomplish the purposes of this chapter.
D.
The
Board of Ethics shall have the power and authority at the request
of the Village Board to render reports and recommendations to the
Village Board for appropriate action respecting unethical practices
in violation of this chapter or any statute, rule or regulation relating
to conflicts of interest, ethical conduct and interest of municipal
officers and employees in contracts. The Village Board, in its discretion
and consistent with statutory provisions relating to the discipline
or removal of officers, employees and agency members, may publicly
disclose the reports and recommendations of the Board of Ethics filed
with it.
E.
Cooperation
with Board. All agencies of the Village and all officers, 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 for the proper exercise of its functions, powers and duties.
This chapter shall take effect immediately upon adoption by
the Village Board of Trustees.
