[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:
The Board of Trustees of the Incorporated Village of the
Branch.
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)]
His spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves;
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.
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)]
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]
The Incorporated Village of the Branch.
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.
[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.
INTEREST
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(d)
OFFICER or EMPLOYEE
Definitions. For the purpose of this article, the terms used herein
are defined as follows:
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:
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.
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.
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.
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.
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.
For the purpose of § 16-9 of this article, a person shall be deemed to have an "interest" in the application when he is:
The applicant or the owner or contract vendee of the real property
which is the subject of the application.
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.
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.
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.
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.
