The standards and prohibitive acts established herein are in
addition to any prohibitive acts, conflicts of interest provisions
prescribed by statute of the State of New York and also in addition
to common law rules and judicial decisions relating to the conduct
of public officers to the extent that the same are more severe in
their application than this chapter.
If any public officer, employee or consultant has a conflict
of interest in any matter that he/she encounters in the performance
of his/her official Village duties, he/she shall make known to all
concerned parties the nature of such conflict and shall refrain from
any participation whatsoever in the matter so as to avoid true conflict.
In all cases of conflict, the Village Board shall be made aware of
the situation by the person in conflict along with any other concerned
parties, including the Board of Ethics.
The Board of Ethics shall have the following duties, responsibilities
and powers:
A. To prescribe and promulgate rules and regulations governing its own
organization and procedures in a manner consistent with this code
subject to review and approval of the Village Trustees.
B. To render advisory opinions upon written request by any person required
to file a disclosure form on his/her own activities with respect to
the interpretation or application of any provision of this code. Opinions
and requests for opinions shall be public record and shall be indexed
and maintained on file in an appropriate manner by the Board of Ethics.
C. To conduct investigations and recommend appropriate sanctions for
alleged violations of this code to the Village Board after written
notification of such alleged violation by the Village Board of the
Village of Cornwall-on-Hudson.
D. Upon receipt of a sworn complaint by any person alleging a violation
of this Code of Ethics or upon determining on its own initiative that
a violation of this Code of Ethics may exist, the Board of Ethics
shall notify the Board of Trustees of the alleged violation. The Board
of Trustees may then request the Board of Ethics to conduct any investigation
and/or hearing necessary to carry out the provisions of this code.
E. To provide training and education to public officers, employees or
consultants and to make information concerning this Code of Ethics
available to all public officers, employees and consultants, and to
the public and to any person who is interested in doing business with
the Village.
F. To review confidential disclosure statements pursuant to §
12-4 of this code. If the Board determines that a statement is deficient or reveals a possible or potential violation of the Code of Ethics, it shall notify the person in writing of the deficiency or possible or potential violation.
G. To prepare an annual report to the Village Board, summarizing the
activities of the Board of Ethics, and recommending changes to this
code, as necessary.
H. To refer any matter within its jurisdiction to the county or state
ethics board, as may be appropriate.
I. Nothing herein shall be construed to permit the Board of Ethics to
conduct an investigation of itself or any of its members. Should the
Board of Ethics receive a sworn complaint alleging that the Board
of Ethics or any of its members has violated any provisions of this
Code of Ethics or any other law, it shall promptly transmit a copy
of the complaint to the Mayor and the attorney for the Village who
shall investigate the complaint and take appropriate remedial action,
should the results of their investigation so warrant.
J. The Board of Ethics shall advise the Board of Trustees of the disposition
of every sworn complaint that it receives and of every related investigation
that it conducts and shall set forth its related findings, opinions
and recommendations.
K. The Board of Ethics shall, with respect to every complaint that it
receives and all related deliberations, findings, opinions, recommendations
and dispositions thereof, use its best efforts to hold all such matters
in confidence and not publicly reveal them, to the fullest extent
allowable by applicable law, including the New York State Freedom
of Information Law, as it may be amended.
L. Board of Ethics members shall not make, or cause to make, any statement
regarding any inquiry, preliminary investigation introduced or pending
before such board.
Any public officer, employee or consultant who shall knowingly
and intentionally violate any of the provisions of this code may be
fined, reprimanded, suspended or removed from office or employment
by the Village Board in the manner provided by law.
The Village Clerk shall cause a copy of Article 18 of the General
Municipal Law and this Code of Ethics to be distributed to every public
officer, employee and consultant within 15 days of the effective date
of this chapter. In addition, every public officer, employee and consultant
shall receive a copy of the same upon being engaged in or taking office
in the Village of Cornwall-on-Hudson. Failure to distribute any such
copy or failure of any public officer, employee or consultant to receive
such copy shall have no effect on the duty of compliance with this
code or the enforcement of provisions hereof. The Village Clerk shall
further cause a copy of this chapter to be readily available for review.
The Village Board may appropriate moneys from the general Village
funds for the maintenance of and personal services to the Board of
Ethics established hereunder, but such Board of Ethics may not commit
the expenditure of Village money except within the appropriations
provided herein.
An appeal may be taken by the filing of a written petition in
opposition to any decision or determination made by the Village Board
of Trustees within 30 days from the date that the decision or determination
was filed by the Village Board of Trustees. Upon receipt of the petition,
the Village Board of Trustees shall make a determination upon the
merits of the application within no more than 90 days. Any person
aggrieved by a decision or determination of the Village Board of Trustees
may seek a judicial review and relief pursuant to Article 78 of the
Civil Practice Law and Rules of the State of New York.
As used in this chapter, the following terms shall have the
meanings indicated:
APPEAR
Communicating in any form, including, without limitation,
personally, by letter, by e-mail or by telephone.
CONFLICT OF INTEREST
A conflict exists whenever a public officer, employee or
consultant has an interest, direct or indirect, which conflicts with
his/her duty to the Village or which could adversely affect an individual's
judgment in the discharge of his/her responsibilities.
CONSULTANT
One who provides professional advice or services.
INTEREST
Any claim, account or demand against or in agreement with
the Village, express or implied, including designation of a depository
of public funds and the designation of an official newspaper, and
direct or indirect pecuniary or material benefit accruing to a public
officer, employee or consultant as a result of a business or professional
transaction with the Village. A public officer, employee or consultant
shall be deemed to have a direct interest in the affairs of:
A.
His/her spouse, minor children and dependents;
B.
A business concern, partnership or association of which a public
officer, employee or consultant is a member, partner, owner, director
or employee;
C.
A corporation of which a public officer, employee or consultant
is an officer, director or employee;
D.
A corporation, any stock of which is owned or controlled, directly
or indirectly, by a public officer or employee.
POLITICAL PARTY
Shall mean any political party that appears on the ballot
for statewide elected office or that exists in the Village.
PUBLIC OFFICERS
Officials who make or implement public policy, including
members of all boards; and the following employees: department heads,
assistant department heads, Village Clerk, Village Treasurer, Deputy
Village Clerk, Deputy Village Treasurer, and Secretary for the Planning
and Zoning Boards.
RELATIVE
A spouse, child, stepchild, brother, sister, parent or a
person claimed as a dependent on latest state income tax return.
VILLAGE
The Village of Cornwall-on-Hudson or any of its boards, commissions
or agencies, whether operated or funded solely by the Village or jointly
with one or more other municipalities.