Village of Village of The Branch, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 7 of the 1973 Code]
This article shall be known and may be cited as the "Code of Ethics of the Incorporated Village of the Branch."
Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Incorporated Village of the Branch 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 article to promulgate these rules of ethical conduct for the officers and employees of the Incorporated Village of the Branch so as to regulate their official conduct. The rules of ethical conduct established by this Code of Ethics 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 the ethical conduct and interest of municipal officers and employees.
For the purposes of this article, the terms used herein are defined as follows:
BOARD OF TRUSTEES
The Board of Trustees of the Incorporated Village of the Branch.
INTEREST
A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purposes of this article, a municipal officer or employee shall be deemed to have an interest in the contract of:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves;
B. 
A firm, partnership or association of which such officer or employee is a member or employee;
C. 
A corporation of which such officer or employee is an officer, director or employee; and
D. 
A corporation any stock of which is owned or controlled directly or indirectly by such officer or employee.
MUNICIPAL OFFICER OR EMPLOYEE
An officer or employee of the Village of the Branch, whether paid or unpaid, including members of any administrative board, commission or other agency 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.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TREASURER
The chief fiscal officer of the Incorporated Village of the Branch, who may be a resident of the County of Suffolk.
[Added 3-11-1986 by L.L. No. 2-1986]
VILLAGE
The Incorporated Village of the Branch.
[1]
Editor's Note: The former definition of "public employee," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Every officer or employee of the Village shall be subject to and abide by the following standards of conduct:
A. 
Gifts. He shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of $25 or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise or any other form, 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.
B. 
Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.
C. 
Representation before one's own agency. He shall not receive nor enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or before any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
D. 
Representation before any agency for a contingent fee. He shall not receive nor enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before any agency of this municipality whereby his 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 interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees, shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.
F. 
Investments in conflict with official duties. He shall not invest nor hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction which creates a conflict with his official duties.
G. 
Private employment. He shall not engage in, solicit, negotiate for nor promise to accept private employment nor render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties.
H. 
Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.
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 Village or any agency thereof on behalf of himself or any member of his family, arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
The Mayor of the Village shall cause a copy of this Code of Ethics to be personally served upon every officer and employee of the Village within 20 days after the effective date of this article,[1] and shall receive a written receipt thereof from each officer and employee to whom such copy shall be so served. Each officer or employee elected or appointed thereafter shall likewise be served with and shall acknowledge receipt of a copy of this Code of Ethics prior to entering upon the duties of his office.[2]
[1]
Editor's Note: The effective date of this article is 3-13-1973.
[2]
Editor's Note: Former § 7-7 of the 1973 Code, Board of Ethics established, and former § 7-8, Powers and duties of Board of Ethics, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted as Ch. 37 of the 1973 Code]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every application, petition or request submitted for a variance, special exception, amendment, change of zoning, approval of a plat, exemption from a plat or Official Map, license or permit, pursuant to law or pursuant to the provisions of the Code, ordinances, local laws, rules or regulations of the Incorporated Village of the Branch or of any of its officers or officials acting within the scope of their authority, shall, when such application is made to the appropriate agency of the Incorporated Village of the Branch, include an affidavit certifying the name and address and the nature and extent of the interest [as defined in § 16-10A of this article under Subsection (1) of the definition of "interest"] of any officers or employees of the State of New York or of any of its political subdivisions having an interest in the application. In addition, such application shall state the name, address and nature and extent of interest [as defined in § 16-10A of this article under Subsection (1) of the definition of "interest"] of any person holding an office, whether by election, appointment or otherwise, in any party, as defined by § 1-104 of the Election Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition, every application, petition or request submitted for a variance, special exception, amendment, change of zoning, approval of a plat, exemption from a plat or Official Map, license or permit, pursuant to the provisions of the Code, ordinances, local laws, rules or regulations of the Incorporated Village of the Branch or of any of its officers or officials acting within the scope of their authority, shall, when such application is made to the appropriate agency of the Incorporated Village of the Branch, include an affidavit certifying the name and address of all other persons having an interest in the application [as defined in § 16-10A of this article under Subsection (2) of the definition of "interest"] and the nature and extent of such interest. In addition, such application shall state the names and addresses of all persons having an interest in the application [as defined in § 16-10A of this article under Subsection (2) of the definition of "interest"] who have made a monetary contribution to any political party, as defined by § 1-104 of the Election Law, within one year immediately preceding the filing of the application.
A. 
Definitions. For the purpose of this article, the terms used herein are defined as follows:
(1) 
For the purpose of § 16-8 of this article, a person shall be deemed to have an "interest" in the application when he, his spouse or their brothers, sisters, parents, children, grandchildren or the spouse of any of them is:
(a) 
The applicant, or is the owner, contract vendee, lessee or a holder of an instrument creating an encumbrance upon the real property which is the subject of the application.
(b) 
An officer, director or stockholder (legally or beneficially) of a corporation which is the applicant or the owner, contract vendee, lessee or a holder of an instrument creating an encumbrance upon the real property which is the subject of the application, or has an agreement to purchase stock of such a corporation.
(c) 
An employee of an applicant or of an owner, contract vendee, lessee or a holder of an instrument creating an encumbrance upon the real property which is the subject of the application.
(d) 
A member of a partnership, joint venture or association which is an applicant or the owner, contract vendee, lessee or a holder of an instrument creating an encumbrance upon the real property which is the subject of the application, or has an agreement to purchase an interest in the partnership, joint venture or association.
(e) 
A party to an agreement, express or implied, with such an applicant, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or contingent upon the favorable approval of such application, petition or request.
(2) 
For the purpose of § 16-9 of this article, a person shall be deemed to have an "interest" in the application when he is:
(a) 
The applicant or the owner or contract vendee of the real property which is the subject of the application.
(b) 
An officer, director or stockholder (legally or beneficially) of a corporation which is the applicant or the owner or contract vendee of the real property which is the subject of the application, or has an agreement to purchase stock of such a corporation.
(c) 
A member of a partnership, joint venture or association which is the applicant or the owner or contract vendee of the real property which is the subject of the application, or has an agreement to purchase an interest in the partnership, joint venture or association.
(d) 
A party to an agreement with such an applicant, express or implied, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or contingent upon the favorable approval of such application, petition or request.
OFFICER or EMPLOYEE
All officers, elected or appointed, all special counsel, all members of boards, agencies or commissions, all committees, whether paid or unpaid, or other persons whose salaries are paid by the state, county or local municipality, but shall not include volunteer firemen or civil defense volunteers, except a chief engineer or assistant chief engineer.
B. 
Word usage.
(1) 
"Corporation" includes a corporate stockholder, partner, joint venturer or associate.
(2) 
"Contract vendee" includes the holder of an option to purchase.
(3) 
The term "holder of an instrument creating an encumbrance upon" shall be deemed to exclude lending institutions licensed either by the State of New York or the federal government.
(4) 
Ownership of less than 5% of the stock of a corporation whose stock is listed on the New York or American Stock Exchanges shall not constitute an interest for the purposes of Subsection (1) of the definition of "interest" above; ownership of less than 5% of the stock, or status as an officer or director, of a corporation whose stock is listed on any stock exchange which is registered with the Securities and Exchange Commission of the United States of America shall not constitute an interest for the purposes of Subsection (2) of the definition of "interest" above.
In the event that there is any change in any matter set forth in the submitted application, petition or other request after the filing of the same but before action by the Board or agency having jurisdiction, the applicant shall submit a supplemental affidavit within 72 hours after such change.
Any person who knowingly and intentionally violates the provisions of this article shall be guilty of a misdemeanor.