[HISTORY: Adopted by the Board of Trustees
of the Village of Munsey Park 3-9-2016 by L.L. No. 2-2016.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also superseded former
Ch. 27, Ethics, comprised of Art. I, Code of Ethics, adopted 4-7-1971
as § G112 of the 1971 Code, as amended 10-10-2001 by L.L. No.
2-2001, and Art. II, Board of Ethics, adopted 4-7-1971 as § G112
of the 1971 Code.
Officers and employees of the Village of Munsey Park hold their
positions to serve and benefit the public and not to obtain unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Village of Munsey Park recognizes
that, in furtherance of this fundamental principle, there is a need
for clear and reasonable standards of ethical conduct. This Code of
Ethics establishes those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Trustees and any municipal administrative board
(e.g., Board Advisory Committee, Board of Appeals, etc.), commission
or other agency or body comprised of two or more municipal officers
or employees.
This Code of Ethics.
A direct or indirect financial or material benefit, which
shall in all cases exclude any benefit arising from the provision
or receipt of any services generally available to the residents or
taxpayers of the Village of Munsey Park or an area of the Village
of Munsey Park, or a lawful class of such residents or taxpayers.
A municipal officer or employee is deemed to have an interest in any
private organization or public corporation when he or she, his or
her spouse, or a member of his or her household is an owner, partner,
member, director, officer or employee of the private organization
or public corporation or directly or indirectly owns or controls more
than 5% of the outstanding stock of the private organization or public
corporation.
A paid or unpaid officer or employee of the Village of Munsey
Park, including, but not limited to, the members of any municipal
board.
The Village of Munsey Park. The word "municipal" refers to
the municipality.
A spouse, domestic partner, parent, stepparent, sibling,
stepsibling, stepsibling's spouse, child, stepchild, uncle, aunt,
nephew, niece, first cousin, or household member of a municipal officer
or employee and individuals having any of these relationships to the
spouse of the officer or employee.
This Code of Ethics applies to the officers and employees of
the Village of Munsey Park and shall supersede any prior municipal
Code of Ethics. The provisions of this Code of Ethics shall apply
in addition to all applicable state and local laws relating to conflicts
of interest and ethics, including, but not limited to, Article 18
of the General Municipal Law and all rules, regulations, policies
and procedures of the Village of Munsey Park.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any organization in
which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before
a municipal 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
relative or any private organization in which he or she is deemed
to have an interest, the municipal officer or employee shall disclose,
in writing, the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the municipal 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 elected office, the disclosure
shall be filed with the Board of Trustees of the Village of Munsey
Park. 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 municipal officer, employee or board having
the power to appoint to the person's position. In addition, in
the case of a person serving on a municipal board, a copy of the disclosure
shall be filed with 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.
An officer or employee of the Village of Munsey Park 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.
A.
No municipal 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 on
himself or herself, a relative, or any organization in which he or
she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty, then the following
shall apply:
(1)
If power or duty is vested in a municipal officer as a member of
a board, then the power or duty shall be exercised or performed by
the other members of the board; or
(2)
If the power or duty is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy and another person selected by a member of the Board of Trustees;
or if the officer does not have a deputy, the power or duty shall
be performed by another person to whom the officer may lawfully delegate
the function and another person selected by a member of the Board
of Trustees; or
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position (§ 27-4), disclosure requirements (§ 27-5), and requirements relating to recusal and abstention (§ 27-7) shall not apply with respect to the following matters:
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 § 27-7 of this code.
(2)
Which comes before a municipal officer when the officer would be prohibited from acting by § 27-7 of this code and the matter cannot be lawfully delegated to another person, in which case such matter and disposition thereof shall be disclosed publicly by the officer at the next Board of Trustees Meeting.
A.
No municipal officer or employee may acquire the following investments:
(1)
Investments that can be reasonably expected to require more than sporadic recusal and abstention under § 27-7 of this code; or
(2)
Investments that would otherwise impair the person's independence
of judgment in the exercise or performance of his or her official
powers and duties; or
(3)
Investments from any Village of Munsey Park auction if the employee
or officer is in the position to negotiate, prepare, authorize or
approve the contract for the sale upon which he or she is bidding.
B.
This section does not prohibit a municipal officer or employee from
acquiring any other investments or the following assets:
(1)
Real property located within the Village of Munsey Park and used
as his or her personal residence; or
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the Village of Munsey Park and acquired
more than one year after the date on which the bonds or notes were
originally issued.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A.
Can be reasonably expected to require more than sporadic recusal and abstention pursuant to § 27-7 of this code; or
B.
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee; or
C.
Violates § 805-a, Subdivision 1c or d, of the General Municipal
Law; or
D.
Requires representation of a person or organization other than the
Village of Munsey Park in connection with litigation, negotiations
or any other matters to which the Village of Munsey Park is a party.
A.
No municipal officer or employee may ask for, pursue or accept a
private post-government employment opportunity with any person or
organization that has a matter requiring the exercise of discretion
pending before the municipal officer or employee, either individually
or as a member of a board, while the matter is pending or within the
90 days following final disposition of the matter.
B.
No municipal officer or employee, for the one-year period after serving
as a municipal officer or employee, may represent or render services
to a private person or organization in connection with any matter
involving the exercise of discretion before the municipal office,
board, department or comparable organizational unit which he or she
serves.
C.
No municipal officer or employee, at any time after serving as a
municipal officer or employee, may represent or render services to
a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A.
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel
and the Village of Munsey Park's money, vehicles, equipment,
materials, supplies or other property.
B.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
or
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters, including,
but not limited to, family care and changes in work schedule.
C.
No municipal officer or employee shall cause the Village of Munsey
Park to spend more than is reasonably necessary for transportation,
meals or lodging in connection with official travel.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the Village of Munsey Park at the time and in the manner
required by § 803 of the General Municipal Law.
Except as otherwise required by law:
A.
No municipal officer or employee, either individually or as a member
of a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the Village of Munsey Park or a municipal board.
B.
No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
A.
No municipal officer or employee shall directly or indirectly compel
or induce a subordinate municipal 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 municipal officer or employee may act or decline to act in relation
to appointing, hiring, promoting, discharging or disciplining, or
in any manner changing the official rank, status or compensation of,
any municipal officer or employee, or an applicant for a position
as a municipal officer or employee, on the basis of the giving or
withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
C.
No employee shall engage in political campaign activities during
his or her official Village of Munsey Park workday.
No municipal officer or employee who acquires confidential information
during 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 by law or in the course of exercising or performing
his or her official powers and duties. Any municipal officer or employee
who is requested to disclose confidential information to comply with
a legal proceeding must report such request to the Board of Trustees
within three calendar days of the request.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a, Subdivision 1a, of the General
Municipal Law 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 accept or receive any gift,
or multiple gifts from the same donor, having an annual aggregate
value of $150 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 official
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 is intended as a reward for any official action on the part
of the officer or employee.
D.
For purposes of this section, a 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. Determination of whether multiple
gifts from a single donor exceed $150 must 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.
Gifts intended to influence or reward.
(1)
A gift to a municipal officer or employee is presumed to be intended
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.
(2)
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.
F.
This section does not prohibit any other gift, including:
(1)
Gifts made to the Village of Munsey Park;
(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, and when the gift giver does not receive anything of
value in return from the municipal officer or employee;
(3)
Gifts given on special occasions, such as marriage, illness or retirement,
which are modest, reasonable and customary, but which may not be in
exchange for anything of value in return from the municipal officer
or employee;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, notepads 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; or
(6)
Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional or educational
conference or program and the meals and refreshments are made available
to all participants.
G.
Gift log.
(1)
All municipal officers and employees, including members of the Board
of Trustees, must provide to the Board of Trustees a written log of
all gifts received.
(2)
The gift log must include the name of the gift giver, an estimate
of the fair market value of the gift, and the purpose or occasion
for the gift.
(3)
The log of gifts received must be submitted within 21 calendar days
of receipt.
A.
Membership.
(1)
The Board of Ethics shall consist of three members appointed by a
majority of the Board of Trustees. One alternate may be appointed
by the majority of the Board of Trustees to serve in the absence of
another member.
(2)
There shall be three members of the Board of Ethics initially serving
one three-year term, one two-year term and one one-year term. The
alternate member shall serve for one three-year term. Subsequently,
each member shall be appointed for a three-year term or until such
time as a successor is appointed.
(3)
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, a simple majority of the Board of Trustees shall appoint
the new member for the unexpired term.
(4)
Removal of members. The Board of Trustees shall have the power to
remove, after public hearing, any member of the Board for cause.
B.
Qualification of Board members.
(1)
All members of the Board of Ethics must be residents of the Village
of Munsey Park.
(2)
The members of the Board of Ethics should be qualified by knowledge,
skills, abilities, and/or experience to carry out the duties and responsibilities
of the Board.
(3)
No member of the Board of Ethics may hold office in a partisan political
party or hold elective office in the Village of Munsey Park. A Board
of Ethics member may make campaign contributions and vote but not
otherwise actively participate in any Village of Munsey Park election
campaign.
(4)
No current officer or employee of the Village of Munsey Park is eligible
to serve on the Board of Ethics.
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 of the Board of Ethics.
(1)
The Board of Ethics shall select its own Chairperson from within
the Board of Ethics for a one-year term and appoint such staff as
necessary to carry out its duties under this chapter and to delegate
authority to the Chairperson, if any, to act in the name of the Board
of Ethics between meetings of the Board of Ethics, provided that the
delegation is in writing and the specific powers to be delegated are
enumerated; and further provided that the Board of Ethics may not
delegate the power to conduct hearings, determine violations, recommend
disciplinary action, impose civil fines, refer any matter to a prosecutor
or render advisory opinions.
(2)
To prescribe and promulgate rules and regulations governing its own
internal organization and procedures in a manner not inconsistent
with this chapter or state or federal law.
(4)
To conduct hearings, recommend disciplinary action and initiate appropriate actions and proceedings pursuant to § 27-21.
(6)
To provide ethics training and education, or to ensure the provision
thereof, to municipal officers and employees on the provisions of
the Village of Munsey Park Code of Ethics and Article 18 of the General
Municipal Law.
(7)
The Board of Ethics of the Village of Munsey Park may act only with
respect to officers and employees of the Village of Munsey Park and
persons having business dealings with the Village of Munsey Park.
The termination of a municipal officer's or employee's term
of office or employment with the Village of Munsey Park shall not
affect the jurisdiction of the Village of Munsey Park Board of Ethics
with respect to requirements imposed by this chapter on former municipal
officers or employees to the extent permitted by law.
(8)
The Village of Munsey Park Board of Ethics may refer any matter within
its jurisdiction to the Nassau County Board of Ethics in its discretion.
(9)
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
the office or for violation of this chapter. The Board of Trustees
must give the Board member written notice and an opportunity to reply.
(10)
The Board of Ethics must prepare an annual report to the Board
of Trustees on its activities and recommend changes to the Village
of Munsey Park Code of Ethics.
A.
Upon receipt of a form duly sworn by the person requesting an investigation
of an alleged violation of this chapter, or upon the Board of Ethics
determining on its own initiative that a violation of this chapter
may exist, the Board of Ethics shall have the power and duty to conduct
any investigation necessary to carry out the provisions of this chapter.
In conducting any such investigation, the Board may administer oaths
or affirmations, subpoena witnesses, and compel their attendance and
require the production of any books or records which it may or deem
relevant or material. The form to be utilized in requesting an investigation
of an alleged violation of this chapter shall be available in the
office of the Village of Munsey Park and on the Village of Munsey
Park website.
B.
The Board of Ethics investigation shall be confidential until such
time that a final determination of the Board of Ethics has been made.
Thereafter, the Board of Ethics shall state, in writing, its disposition
of every sworn complaint it receives and of every investigation it
conducts and shall set forth the reasons for the disposition to the
Board of Trustees. Any findings of violations of this chapter or other
applicable law shall be served upon the subject of the investigation
within seven days of such service of any findings of violations of
this chapter, and violations shall be made a public record and shall
be indexed and maintained on file by the Village Clerk.
A.
In its discretion and after a hearing in accordance with Article
3 of the State Administrative Procedure Act (SAPA), and subject to
§ 75 of the Civil Service Law and any collective bargaining
agreements, to the extent practicable, the Village of Munsey Park
Board of Ethics may recommend for action appropriate disciplinary
action, which may include a written warning, disgorgement of profit
or gains, or reprimand, forfeiture of accrued leave with pay, required
attendance at ethics training seminars, suspension, or termination
of employment, to the authority or person or body authorized by law
to impose such sanctions.
B.
The Village of Munsey Park Board of Ethics shall conduct and complete
the hearing with reasonable promptness and shall not act without notice
and opportunity to be heard and shall observe appropriate due process.
A.
The Board of Ethics shall render confidential advisory opinions only
to officers and employees of the Village of Munsey Park with respect
to Article 18 of the General Municipal Law and this Code of Ethics.
Officers and employees of the Village of Munsey Park are encouraged
to seek advisory opinions whenever they are uncertain whether their
conduct may violate the Code of Ethics.
B.
The Board of Ethics will prepare an advisory opinion based on a thorough
review of the facts and applicable law. The opinion of the Board of
Ethics is to be based solely on the facts presented in the request
or subsequently submitted in a written, signed document. The opinion
will be rendered, in writing, to the requester as expeditiously as
is practicable, with special attention to the time requirements of
a given case.
C.
An officer or employee of the Village of Munsey Park whose conduct
or action is the subject of an advisory opinion will not be subject
to penalties or sanctions 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 material submitted by the requester.
D.
The Board of Ethics will maintain a confidential, indexed file of
all advisory opinions issued by the Board.
A.
The Mayor must promptly cause a copy of this Code of Ethics, and
a copy of any amendment to this Code of Ethics, to be posted publicly
and conspicuously in each building under the Village of Munsey Park's
control. 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 of Ethics, including
any amendments to the code, to be distributed to every person who
is or becomes an officer or employee of the Village of Munsey Park.
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
and agree to abide by the code. Such acknowledgment must be filed
with the City Clerk, who must maintain such acknowledgment as a public
record.
D.
Every municipal officer or employee who receives a copy of this code
is required to submit an annual statement attesting that he or she
has not violated the Code of Ethics and to report any violations of
the code of which he or she is aware.
E.
All offers of employment by the Village of Munsey Park must state
that continued employment is subject to and conditional upon:
F.
The failure to post this code, or an amendment to the code, does
not affect either the applicability or enforceability of the code
or the amendment. The failure of a municipal officer or employee to
receive a copy of this Code of Ethics, or an amendment to the code,
or to acknowledge receipt thereof in writing, does not affect either
the applicability or enforceability of the code or amendment to the
code.
Any municipal officer or employee who violates this code may
be censured, fined, suspended or removed from office or employment
in the manner provided by law.
