The proper operation of the village government
requires that officials, officers and employees be independent, impartial
and responsible to the people; that government decisions and policy
be made in the proper channels of the governmental structure; that
public office not be used for personal gain; that public officials,
officers and employees observe in their official acts the highest
standards of morality and discharge faithfully the duties of their
office regardless of personal consideration; and that the public have
confidence in the integrity of its government and the officers and
employees thereof. In recognition of these goals, there is hereby
established a Code of Ethics for all officials and officers of the
Village of Port Chester as defined in its Charter, and for all employees
of such village hereinafter referred to as the "village." In the event
of any conflict between the provisions of this code and the provisions
of Article 18 of the General Municipal Law, the latter shall control.
No official, officer or employee of the village
shall 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.
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 section
or proceeding against the interests of the village or in any litigation
to which the village is a party.
[Amended 11-16-2015 by L.L. No. 11-2015]
A. No municipal officer or employee shall directly or indirectly solicit,
accept or receive a gift in violation of § 805-a(1)(a) of
the General Municipal Law of the State of New York ("GML") as interpreted
in this section.
B. No municipal officer or employee may directly or indirectly solicit
any gift.
C. No municipal officer or employee may, directly or indirectly, accept
or receive any gift, or multiple gifts from the same donor, having
an annual aggregate value of $75 or more when:
(1) The gift reasonably appears to be intended to influence the officer
or employee in the exercise or performance of his or her powers or
duties; or
(2) The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3) The gift reasonably appears to be intended to be a reward for any
official action on the part of the officer or employee; or
(4) The gift is made to a relative with the reasonable appearance that
such gift is intended to influence or reward the municipal officer
or employee in his/her official powers or duties.
D. For purposes of this section, "gift" includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail cost
of the item or a comparable item. The fair market value of a ticket
entitling the holder to food, refreshments, entertainment, or any
other benefit is the face value of the ticket, or the actual cost
to the donor, whichever is greater. The determination of whether multiple
gifts from a single donor exceed $75 shall be made by adding together
the value of all gifts received from the donor by an officer or employee
during the twelve-month period preceding the receipt of the most recent
gift.
E. A gift to a municipal officer or employee is presumed to influence
the exercise or performance of his or her official powers or duties
when the gift is from a private person or organization that seeks
municipal action involving the exercise of discretion by or with the
participation of the officer or employee.
F. A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding 12 months.
G. This section does not prohibit the following:
(1) Gifts made to the Village of Port Chester.
(2) Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as a municipal
officer or employee, is the primary motivating factor for the gift.
(3) Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary.
(4) Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads and calendars.
(5) Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee,
or other service to the community.
(6) Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional educational
conference or program and the meals and refreshments are made available
to all participants.
(7) Gifts between officers and employees on special occasions, such as
birthdays or seasonal holidays.
[Amended 2-1-1989 by L.L. No. 1-1989]
A. Any official, officer or employee of the village shall
abstain from making personal investments in enterprises which he has
reason to believe may be directly affected in decisions to be made
by him or which will otherwise create conflict between his public
duty and his private interest and shall refrain from passing upon
any questions in which he or any member of his immediate family has
an interest which might reasonably be deemed to create such conflict.
B. To the extent that any member of a board or commission
of the village shall own or have an interest in any property for which
approval under Chapter 98 of the Village Code is required, such interest
shall be made known by filing a written notice of such interest with
the Village Clerk and shall thereafter take no part in the approval
process except as an applicant.
C. No elected official shall vote on any proposal or
action where that official has expressed an interest in property which
will be affected by the adoption of the proposal or action, unless
or until the official has disclosed the expression of interest in
writing to the Village Clerk and has notified the owner or agent to
whom the interest was expressed that it is terminated.
D. Public officials, whether full-time or part-time,
must avoid any action which will result in or create the appearance
of using public office for private gain and/or the giving of preferential
treatment to any person.
E. Public officials, whether full-time or part-time,
must avoid any action which, in fact or by reason of appearance, will
adversely affect the confidence of the public in the integrity of
its municipal government or the public officials involved.
F. Elected officials and appointed officers of the village
shall certify to the Clerk of the village, in writing, each April,
that they have read and understand the Code of Ethics of the village,
as follows:
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"I, the undersigned, have read the Ethics Code
of the village, at least once in the prior 12 months, and understand
it.
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Title
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Dated: April ___________
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No official, officer or employee of the village
shall accept other employment which will impair his independence of
judgment in the exercise of his official duties.
[Amended 2-24-1993 by L.L. No. 3-1993]
A. No official, officer or employee of the village shall
solicit, negotiate for or promise to accept employment by any person,
firm or corporation with which he or his department, office or agency
is engaged on behalf of the village in the transaction of business
which is or may be affected by his official action.
B. The Mayor and members of the Board of Trustees may
not be employed by and may not be considered for employment with the
Village of Port Chester while holding such positions and for a one-year
period after leaving such office, whether by expiration of term, registration
or otherwise.
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 official, officer and employee of the village.
Any violation of the provisions of this Code
of Ethics shall constitute cause for removal from office or employment
or other disciplinary action as provided by law.
As used in this chapter, the following terms
shall have the meanings indicated:
AGENCY
Includes any board, commission, committee, department, branch
or bureau of the Village of Port Chester, consisting of one or more
persons, paid or unpaid, which forms any function of the village government.
INTEREST
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
Village, or a lawful class of such residents or taxpayers. A municipal
officer or employee is deemed to have an interest in any entity when
he or she, his or her spouse or domestic partner or a member of his
or her household is an owner, shareholder, partner, member, director,
officer or employee or directly or indirectly owns or controls more
than 5% of the organization's outstanding stock or membership interest.
[Amended 11-16-2015 by L.L. No. 11-2015]
RELATIVE
A spouse, domestic partner, parent, stepparent, sibling,
stepsibling, sibling's spouse or domestic partner, child, stepchild,
uncle, aunt, nephew, niece, first cousin, or household member of an
officer or employee, and individuals having any of these relationships
to the spouse or domestic partner of the officer or employee.
[Added 11-16-2015 by L.L.
No. 11-2015]
VILLAGE
The Village of Port Chester.
This Code of Ethics shall not be deemed in any
way to repeal or modify any act of the legislature of the State of
New York relating to the civil service rights, privileges or bonus
of any employee of the village, and the provisions hereof shall not
apply wherever and to the extent that the effect thereof would be
to repeal or modify any such act or portion thereof.
[Added 11-16-2015 by L.L.
No. 11-2015]
A. No officer or employee, either individually or as a member of an
agency, may participate in any decision specifically to appoint, hire,
promote, discipline or discharge a relative for any position at, for
or within an agency.
B. No officer or employee may supervise a relative in the performance
of the relative's official powers or duties unless authorized by the
respective appointing authority.
[Added 1-16-2024 by L.L. No. 1-2024]
A. Members of the Board of Trustees, Planning Commission and the Zoning
Board of Appeals shall file with the Village Clerk a completed and
signed annual property disclosure statement, on a form provided by
the Clerk, as set forth herein, by June 1 of each calendar year.
B. Such disclosure shall identify any real property in which the member,
his/her spouse, child or stepchild may own or have a financial interest
in any parcel of real property located within the Village of Port
Chester.
C. The Village Clerk shall be the custodian of the annual property disclosure
statements and maintain a repository for same. Such statements shall
be deemed a public record under the Freedom of Information Law.
D. At least 30 days before the required filing date the Village Clerk
shall notify such officials, in writing, of the requirements of this
section and provide the requisite form, as set forth in substantial
form herein, for completion and return.
Annual Property Disclosure Statement
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Calendar Year ________
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Name ______________________________________________
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Title ________________________________________________
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Agency _____________________________________________
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Contact Information ___________________________________
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List the following information with regard to each parcel of
real property you, your spouse, or child or stepchild, own or have
a financial interest in real property located in the Village of Port
Chester.
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Name of Family Member
________________________________________________
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Relationship to You
________________________________________________
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Address of Real Property
________________________________________________
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Type of Interest (e.g., ownership, lease, mortgage, etc.)
________________________________________________
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Signature
________________________________________________
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Date
________________________________________________
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E. If a member of the Planning Commission or Zoning Board of Appeals
fails to comply with the requirements of this section, such failure
shall constitute cause for removal by the Mayor in accordance with
the Village Law.
F. Members are charged with a continuing obligation to notify the Village
Clerk, in writing, of any change in circumstances regarding the holding
of real property within the Village.