[HISTORY: Adopted by the Board of Trustees of the Village
of Flower Hill 2-4-2013 by L.L. No. 2-2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
18, Ethics, Code of, adopted 1-6-1976 as Art. I of Ch. 20 of the 1976
Code, as amended.
Pursuant to the provisions of § 806 of the General
Municipal Law, the Board of Trustees of the Village of Flower Hill
recognizes that there are rules of 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 chapter to
promulgate these rules of ethical conduct for the officers and employees
of the Village of Flower Hill. The rules of ethical conduct of this
chapter, as adopted, shall not conflict with, but shall be in addition
to the standards prescribed in Article 18 of the General Municipal
Law or any other general or special law relating to ethical conduct
and interest in contracts of municipal officers and employees.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person that receives a salary or wage from the Village
of Flower Hill.
A spouse, parent, stepparent, sibling, stepsibling, child,
stepchild, grandparent, household member, or domestic partner of a
Village officer or employee, and individuals having any of these relationships
to the spouse of the officer or employee.
A direct or indirect monetary, financial or material benefit,
but does not include any benefit arising from the provision or receipt
of any service generally available to the residents or taxpayers of
the Village, or a lawful class of such residents or taxpayers. A Village
officer or employee is deemed to have an interest in any matter involving:
Any firm, partnership, or association of which he or she, his
or her spouse, or a member of his or her household, is an owning partner,
member, member of a Board of Trustees, director, officer or employee.
Any corporation of which any such person is a director, officer
or employee or directly or indirectly owns or controls more than 5%
of the corporation's outstanding stock.
A person serving as a paid or unpaid official of the Village
of Flower Hill including, but not limited to, elected officers, members
of the Village's governing board, any of its administrative boards
(e.g., Planning Board, Zoning Board of Appeals), commissions, committees,
agencies, department heads and others who work in a similar, like
capacity.
An officer or employee of the Village shall treat all members
of the public, whether a person, firm or corporation or other organization,
with respect and in a professional manner, with equal consideration
and without special advantage in carrying out his or her official
duties.
No Village officer or employee shall exercise or perform his
or her official powers and duties on the basis of family or private
business, nor create an appearance of impropriety by giving the impression
that he or she will exercise or perform his or her official powers
or duties on the basis of any consideration other than the best interests
of the Village.
No official, officer or employee of the Village shall represent
private interests before any department, board, office or agency of
the Village nor represent private interests in any action or proceeding
against the interests of the Village in any litigation to which the
Village is a party.
No Village officer or employee shall use his or her Village
position or official powers to secure a financial or material benefit
for himself or herself, a family member or any private organization
in which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before
a Village officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
family member of any private organization in which he or she is deemed
to have an interest, the Village officer or employee shall disclose
the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the Village officer or employee or when the municipal
officer or employee first acquires knowledge of the interest requiring
disclosure, whichever is earlier.
C.
In the case of a person serving in an elective office, the disclosure
shall be filed with the Board of Trustees of the Village. In all other
cases the disclosure shall be filed with the person's supervisor,
or if the person does not have a supervisor, the disclosure shall
be filed with the Village officer, employee or board having the power
to appoint the person's position. In the case of a person serving
on a Village board, the disclosure shall be made to the board. Any
disclosure made to a board shall be made publicly at a meeting of
the board and must be included in the minutes of the meeting.
A.
No Village officer or employee may have or acquire the following
investments:
(1)
Personal investments that will be directly affected by the exercise
or performance of the person's official powers and duties; or
(2)
Personal investments that would otherwise impair a reasonable person's
independence of judgment in the exercise or performance of his or
her official powers and duties.
B.
This section does not prohibit a Village officer or employee from
acquiring any of the following assets:
A.
No Village officer or employee may participate in any decision or
take any official action with respect to any matter requiring the
exercise of discretion including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit to
himself or herself, a family member or any private organization in
which he or she is deemed to have an interest.
B.
Recusal and abstention shall not be required with respect to any
matter:
(1)
Which comes before a board when a majority of the board's total
membership would otherwise be prohibited from acting by this code.
(2)
Which comes before a Village officer when the officer would normally
be prohibited from acting by this code but the matter cannot be lawfully
delegated to another person.
A.
No Village officer or employee may accept employment or engage in
any business or professional activity which:
(1)
Impairs the person's reasonable independence of judgment in
the exercise or performance of his or her official powers or duties;
(2)
Is likely to require disclosure or use of confidential information
gained by reason of serving as a Village officer or employee; or
(3)
Requires representation of a person or organization other than the
Village in connection with litigation, negotiations or any other matter
to which the Village is a party.
B.
No Village officer or employee may in a private capacity represent
another person or organization before the Village, or any officer,
administrative board, commission or other agency of the Village.
C.
This section does not prohibit a Village officer or employee from:
(1)
Representing himself or herself, or his spouse or minor children,
before the Village, or any officer, administrative board, commission
or other agency of the Village, including the Village Court, in connection
with any personal matter that does not arise from or involve a business,
commercial or professional activity;
(2)
Asserting a claim against the Village on his or her own behalf, or
on behalf of his or her spouse or minor children in connection with
any personal matter that does not arise from or involve a business,
commercial, or professional activity.
A.
For a period of 90 days after leaving Village service, a former officer
or employee shall not communicate with the Village, except on his
or her own behalf, and shall not accept anything of value to work
on any particular matter that he or she personally and substantially
worked on while in Village service.
B.
This section does not prohibit a Village officer or employee from:
(1)
Representing himself or herself, or his or her spouse or minor children,
before the Village or any officer, administrative board or commission
or any other agency of the Village in connection with any personal
matter that does not arise from or involve a business, commercial
or professional activity;
(2)
Asserting a claim against the Village on his or her own behalf, or
on behalf of his or her spouse or minor children in connection with
any personal matter that does not arise from or involve a business,
commercial or professional activity.
(3)
This section shall not apply to representation or services before
the Village Justice Court.
No officer or employee of the Village may request or permit
the use of Village-owned vehicles, equipment, materials, resources
or property for a non-Village purpose, except when such use:
A.
No Village officer or employee may participate in any decision pertaining
to the appointment hiring, promotion, discipline or discharge of a
family member from any position at, for or within the Village or an
administrative board, commission or other agency of the Village.
B.
No Village officer or employee may directly supervise, provide the
day-to-day instructions to, or evaluate the performance of a family
member in the performance of the family member's official powers
or duties in the Village.
A.
No Village officer or employee shall directly or indirectly compel
or induce a subordinate Village officer or employee to make, or promise
to make, any political contribution, whether by gift of money, service
or other thing of value.
B.
No Village officer or employee may act or decline to act in relation
to appointing, hiring, promoting, discharging or disciplining, or
in any matter changing the official rank, status or compensation of,
any Village officer or employee, or an applicant for a position as
a Village officer or employee, on the basis of giving or withholding
or neglecting to make any contribution of money or service or any
other valuable thing for any political purpose.
C.
No officer or employee of the Village shall engage in political campaign
activities during his or her official Village workday nor use Village
resources for any political campaign or activities.
No Village officer or employee or former Village 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 or allowed
by law or in the course of exercising or performing his or her official
powers and duties.
A.
Soliciting gifts. No Village officer or employee may directly or
indirectly solicit any gift from any person, firm or organization
in which the officer or employee knows or should know that the person,
firm or organization has a matter pending before the Village or had
a matter pending before the Village during the previous 12 months
or is likely to have a matter pending before the Village during the
following twelve-month period. This prohibition shall not apply to
ministerial, nondiscretionary matters.
B.
Per gift. No Village officer or employee may accept or receive any
gift, or multiple gifts from the same donor within a continuous twelve-month
period valued at $75 or more when:
(1)
It appears that the gift is intended to influence the officer or
employee in the exercise or performance of his or her official powers
or duties;
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise of performance of his or her official duties;
or
(3)
The gift is intended as a reward for any official action on the part
of the officer or employee.
The Village Attorney shall accept no employment from any person,
firm, partnership, corporation, municipality or other entity which
will create a conflict of interest or the appearance of a conflict
of interest with the interests of the Village.
A.
The Mayor must promptly cause a copy of this code, and a copy of
any amendment to this code, to be posted publicly and conspicuously
in the Village Hall. The code must be posted within 10 days following
the date on which the code takes effect. An amendment to the code
must be posted within 10 days following the date on which the amendment
takes effect.
B.
The Mayor must promptly cause a copy of this code, including any
amendments to the code to be distributed to every person who is or
becomes an officer or employee of the Village.
C.
Every municipal officer or employee who receives a copy of this code,
or an amendment to the code, must acknowledge such receipt in writing
within a reasonable period of time. Such acknowledgement must be filed
with the Village Administrator who must maintain such acknowledgement
as a public record.
D.
The failure to post this code, or an amendment to the code, does
not affect the applicability or enforceability of the code or the
amendment. The failure of a Village officer or employee to receive
a copy of the code, or an amendment to the code, or to acknowledge
the receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
A.
Membership.
(1)
The Board of Ethics shall consist of no less than three and no more than five members, the majority of whom shall not be Village Officers or employees, but at least one of whom must be a Village Officer or employee. All members shall be appointed by a super majority of the Board of Trustees and shall serve terms as set forth in Subsection A(2) below. Members may be removed prior to the conclusion of their term by the Board of Trustees in accord with Subsection D(5) below.
(2)
The terms of office shall be staggered, with one member serving a
one-year term, one member serving a two-year term, one member serving
a three-year term, one member serving a four-year term and one member
serving a five-year term.
C.
Compensation. Members of the Board of Ethics shall serve without
compensation but may be reimbursed for reasonable and necessary expenses
as approved by the Board of Trustees.
D.
Powers and duties.
(1)
The Board of Ethics shall appoint a Chairperson, Deputy Chairperson
and a Secretary from its members, each for a one-year term. The Secretary
shall be responsible for keeping the records of the Board.
(2)
The Board of Ethics shall conduct investigations, hearings, recommend
disciplinary action, initiate appropriate actions and issue advisory
opinions.
(3)
The Ethics Board may act only with respect to the officers and employees
of the Village and persons having business dealings with the Village.
(4)
The Ethics Board, in its discretion, may refer any matter to the
appropriate public agency.
(5)
A member of the Board of Ethics may be removed from office by a majority
vote of the Board of Trustees for failure to fulfill the duties of
office or for violations of this chapter.
(6)
The Ethics Board must prepare a report of their actions and activities
to be presented to the Board of Trustees for final determination as
well as recommend changes to this Ethics Code.
A.
Upon receipt of a request for an investigation of an alleged violation
of this chapter or upon the Board determining on its own initiative
that a violation of this chapter may exist, the Ethics Board shall
have the power and duty to conduct any such investigation necessary
to carry out the provisions of this chapter provided the complainant
agrees to provide a duly sworn request for investigation. In conducting
any such investigation, the Board may administer oaths or affirmations,
subpoena witnesses and compel their attendance and require the production
of records which it may deem relevant or material.
B.
The Ethics Board investigation, hearings and opinions, and all records
related to the same shall be confidential. At such time as the Ethics
Board concludes its investigation and hearing process regarding a
particular matter, it shall prepare a report setting forth its proposed
disposition of the particular matter to the Board of Trustees. This
report must include the specific reasons for the dispositions proposed.
The Board of Trustees shall then convene to review and consider the
determinations of the Board of Ethics, and shall render such disposition
as it deems warranted. Any findings of violations shall be served
upon the subject of the investigation within seven days of the finding
by the Board of Trustees and shall be made a part of the public record.
A.
In its discretion the Board of Ethics may recommend appropriate disciplinary
action to the Board of Trustees which may include a written warning
or reprimand, forfeiture of accrued leave with pay and benefits, required
attendance at ethics training seminars, suspension or termination
of employment.
B.
The Ethics Board shall conduct and complete its investigations and
hearings with reasonable promptness and shall not act without notice
and opportunity to be heard and shall observe appropriate due process.
A.
The Board of Trustees recognizes the need for the Ethics Board to
function as an independent body. As such, the Ethics Board may also
render confidential advisory opinions to officers and employees of
the Village. Officers and employees are encouraged to seek advisory
opinions whenever they are uncertain whether their conduct may violate
the Code of Ethics. Such opinions shall be confidential to the extent
permitted by law.
B.
The Ethics Board will prepare an advisory opinion based on a thorough
review of the facts and applicable law. The Board's opinion is
to be based solely on the facts presented in the request. The opinion
is to be rendered, in writing, to the requester as expeditiously as
practicable.
C.
An officer or employee whose conduct or action is the subject of
an advisory opinion will not be subject to penalties or sanctions
by the Village by virtue of acting, or failing to act, due to a reasonable
reliance on the opinion, unless material facts were omitted or misstated
in the submission by the requester.
D.
The Ethics Board will use its best efforts to maintain a confidential
file of all advisory opinions issued.
Any Village officer or employee who violates this code may be
censured, fined, suspended or removed from office or employment in
the manner provided by law.
