[HISTORY: Adopted by the Board of Trustees
of the Village of Belle Terre 7-18-2017 by L.L. No. 3-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 8,
Ethics, Code of, adopted 11-14-1970, as amended.
A.
The
proper administration of government requires Village officers and
employees, whether elected or appointed, paid or unpaid and/or serving
as a member of any administrative board, commission or other agency,
to act fairly, impartially and without taint of conflict of interest
in fulfilling their public responsibilities. It is the purpose of
this chapter to provide standards of conduct, in addition to those
set forth in Article 18 of the General Municipal Law, to assist Village
officers and employees in discharging their duties in a proper and
ethical manner and to provide for annual disclosure and transactional
disclosure by elected officials, certain local political officials
and applicants in order to ensure impartiality and fairness in the
administration of local government.
B.
Purposes.
Specifically, the purposes of this chapter are:
(1)
To enable and require the officers and employees of the Village to
act fairly, impartially, without taint of conflict of interest and
without any appearance of conflict of interest in fulfilling their
public responsibilities;
(2)
To set clear guidelines for high standards of ethical conduct for
officers and employees of the Village;
(3)
To afford officers and employees of the Village clear guidance concerning
such standards, including specific guidance in the form of advisory
opinions;
(4)
To promote public confidence in the integrity of Village employees
and administration;
(5)
To facilitate consideration of potential ethical problems before
they arise, minimize unwarranted suspicion, and enhance the accountability
of the Village to the people;
(6)
To provide fair and speedy resolution of questions and complaints
concerning the conduct of officers and employees of the Village;
(7)
To protect the public from unethical conduct and to protect the officers
and employees of the Village from frivolous claims;
(8)
To educate the public, officers and employees of the Village regarding
this Code of Ethics.
C.
Construal
with other provisions. Any requirements or standards set forth in
this chapter are in addition to other requirements, prohibitions or
rules governing ethical conduct set forth in Article 18 of the General
Municipal Law or any other general or special law relative to ethical
conduct and interests in municipal contracts.
As used in this chapter, the following terms shall have the
meanings indicated:
An employee with administrative responsibilities that may
include rendering ministerial acts or ministerial decisions.
Any Village authority, agency, board, bureau, commission,
committee, council, department or other similar entity of the Village
created by law or appointed by the Village Board or Mayor, except
for an advisory committee.
Communicating in any form, including, without limitation,
personally, through another person, by letter, by telephone or by
electronic communication, with or without compensation.
The person that is submitting an application seeking approvals
from a Village board, agency, group or ministerial acts. An applicant
includes the owner, contract vendee (if any), agent, attorney, engineer,
architect or other representative making the application or request
for relief.
Any gain or advantage to the beneficiary, including any gain
or advantage to a third person pursuant to the desire or consent of
the beneficiary, and any promise thereof. The term "benefit" does
not include campaign contributions authorized by law.
Any person to whom a Village officer or employee has supplied
goods or services during the previous 24 months having, in the aggregate,
a value greater than $1,000; or
Any person to whom a Village officer's or employee's
outside employer or business has supplied goods or services during
the previous 24 months having, in the aggregate, a value greater than
$1,000 but only if the officer or employee knows or has reason to
know the outside employer or business supplied the goods or services.
Any nonpublic information pertaining to Village business,
information which concerns or relates to the trade secrets, processes,
operations, style of works, or apparatus, or to the production, sales,
shipments, purchases, transfers, identification of customers, inventories,
or amount or source of any income, profits, losses, etc., cannot be
discussed/shared without Village board approval.
Any individual, association, partnership or corporation or
any employee or agent thereof who has been retained to assist any
board or agency in the discharge of its duties. "Consultant" shall
also include any business partner, employer or member of the consultant's
firm or company.
As defined in Article 18 of General Municipal Law, any claim,
account or demand against or agreement with the Village, express or
implied.
The Ethics Board of the Village of Belle Terre established pursuant to § 8-18 of this chapter.
Any person who held at any time in the past any position
described in the definition of a "Village officer or employee."
The term "gift" as used in this chapter includes anything of value given to a Village officer or employee. It may be in any form, such as money, service, loan, travel, meals, refreshments, entertainment, hospitality, promise, discount, or forbearance. It may be provided in kind or by purchase of a ticket, payment in advance or reimbursement for an expense that has been incurred. As used in this chapter, "entertainment" and "hospitality" include acceptance of complimentary invitations to fundraising events, golf outings, and other functions by a Village officer or employee, with exceptions as provided for in § 8-4C(5).
As defined in Article 18 of the General Municipal Law, a
direct or indirect pecuniary or material benefit accruing to a Village
officer or employee as the result of a contract with the Village which
such officer or employee serves. For purposes of this chapter, a Village
officer or employee shall be deemed to have an interest in the contract
of:
His or her spouse or relative as defined herein, except a contract
of employment with the Village which such Village officer or employee
serves.
A firm, partnership or association of which such Village officer
or employee is an officer, member or employee.
A corporation of which such Village officer or employee is an
officer, director or employee.
A corporation of which any stock is owned or controlled directly
or indirectly by such Village officer or employee.
An administrative action performed in a prescribed manner
not allowing for substantial personal discretion.
Any activity, other than service to the Village, from which
the Village officer or employee receives compensation, or anticipates
or has reason to anticipate receiving compensation, for services rendered
or goods sold or produced; or
Any person from whom or from which the Village officer or employee
receives compensation, or anticipates or has reason to anticipate
receiving compensation, for services rendered or goods sold or produced;
or
Any entity, other than the Village, of which the Village officer
or employee is a member, officer, director, or employee, or with which
the Village officer or employee anticipates or has reason to anticipate
becoming a member, officer, director, or employee within the next
24 months; or
Any entity in which the Village officer or employee has an ownership
interest, unless the Village officer or employee owns less than 5%
of such entity, and such interest is worth less than $10,000; or
Any entity in which the Village officer or employee anticipates
or has reason to anticipate obtaining or receiving an ownership interest,
unless the ownership interest in question constitutes less than 5%
of such entity, and such interest is worth less than $10,000; or
Any activity, person or entity described in Subsections A through E above with which the Village officer or employee ceased to have any involvement or participation, or ceased to hold any position, or from which the Village officer or employee ceased to receive any compensation within a period of less than 24 months from the date when the Village officer or employee disclosed the termination of the outside employer or business relationship to the Board of Ethics pursuant to § 8-9.
Any case, proceeding, application, request for a ruling or
benefit, determination, contract limited to the duration of the contract
as specified therein, investigation, charge, accusation, arrest or
other similar action which involves a specific party or parties, including
actions leading up to a particular matter, provided that a particular
matter shall not be construed to include the proposal, consideration
or enactment of local laws or resolutions by the Village Board, or
any action on the budget.
A human being, a public or private corporation, an unincorporated
association, a partnership, a government or a governmental instrumentality.
Any corporation or committee which operates to aid or promote
the success or defeat of a political party and/or the election or
defeat of any candidate within the Village of Belle Terre.
A spouse, former spouse, domestic partner, child, whether
emancipated or not, stepchild, son- or daughter-in-law, brother, sister,
parent, brother-in-law, sister-in-law, parent-in-law, niece or nephew,
uncle or aunt of the Village officer or employee, as well as any person
claimed as a dependent on the Village officer's or employee's
most recently filed state personal income tax return.
As defined in Article 18 of the General Municipal Law, the
husband or wife of the Village officer or employee, unless living
separate and apart with the intention of terminating the marriage
or providing for permanent separation or unless separated pursuant
to a judicial order, decree or judgment or a legally binding separation
agreement.
Any other Village officer or employee over whose activities
he or she has direction or control, either directly or indirectly.
Any other Village officer or employee who has direction or
control, either directly or indirectly, over the activities of that
Village officer or employee.
As defined in Article 18 of the General Municipal Law, any
son, daughter, stepson or stepdaughter who is under age 18 years,
unmarried and living in the household of the Village officer or employee.
The Village of Belle Terre, but shall not be construed to
include a Village Judge, Village Justice or officer of the Unified
Court System.
An officer or employee of the Village of Belle Terre, whether
paid or unpaid, elected or appointed, including members of any administrative
board, commission or other agency thereof. No person shall be deemed
to be a "Village officer or employee" solely by reason of being a
volunteer fireman or civil defense volunteer. A "Village officer or
employee" shall not include a Judge, Justice or officer of the Unified
Court System.
Whenever this chapter requires any person to file documents
or information with the Village Clerk, such filing shall be made in
duplicate. The Village Clerk shall stamp both copies with the date
received, retain one copy, and forward the second copy immediately
to the Board of Ethics.
A.
Ethical
conduct. In fulfilling their public responsibilities, Village officers
and employees shall act fairly, impartially, without taint of conflict
of interest and without any appearance of conflict of interest.
B.
General
prohibitions.
(1)
Except as provided for in Subsection B(3) below, a Village officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in a benefit to any of the following persons:
(a)
The Village officer or employee; or
(b)
The outside employer or business of the Village officer or employee;
or
(c)
A person who shares the residence of the Village officer or employee;
or
(d)
A customer or client of the Village officer or employee; or
(e)
A relative of the Village officer or employee; or
(f)
A person, as defined in § 8-2, which includes a public or private corporation, from whom an applicable Village officer or employee has received election campaign contributions to his or her individual campaign committee(s) aggregating $1,000 or more in monetary funds, or in-kind, over the prior 24 months, which includes the previous, current and future campaigns for public office. "Previous campaign" refers to the prior election cycle for said individual campaign committee. "Current and future campaign" refers to the present election cycle for a Village officer or employee who is either running for election as a first-time candidate or is seeking re-election or election to another elective office.
(2)
A Village officer or employee shall not use his or her official position
or office or induce any of the persons listed above to impose financial
detriment or harm to any person without reasonable justification.
(3)
Disclosure and recusal. A Village officer or employee shall promptly disclose and recuse himself or herself from acting on a matter before the Village when acting on the matter, or failing to act on the matter, may benefit any of the persons listed in § 8-4B(1) above. However, recusal is not required by an elected Village official so long as any relationship described in § 8-4B(1) above is disclosed as part of the public record, in accordance with the provisions of this chapter. The listing required to be filed by applicable Village officers and employees pursuant to Article 14 of the New York State Election Law shall be sufficient for disclosure as part of the public record on the part of a Village officer or employee with respect to § 8-4(B)(1)(f). It is the responsibility of the applicant, not the Village officer or employee, to comply with supplemental requirements for applicant disclosure on certain land use applications, licenses, permits, and other forms of relief by a Village agency, pursuant to this chapter.
(4)
Disclosure required for abutting properties. A Village officer or employee shall disclose any relationship with persons who own abutting properties to any site which is the subject of an application before a Village agency where said officer or employee is either a member of such Village agency or has a role in processing the application. Relationships required to be disclosed by the Village officer or employee are the same as those listed in § 8-4B(1). Village officers and employees may request guidance from the Board of Ethics to determine if recusal is required.
C.
Gifts.
(1)
Findings. The Village Board hereby finds concurrence with the sentiment
expressed in the federal gift regulations that "...it is never inappropriate
and frequently prudent for any officer or employee to decline a gift
offered by a [certain] source or because of his or her official position."
(2)
A Village officer or employee shall not directly or indirectly solicit
any gift, nor accept any gift having a value of $75 or more, from
any person, whether in the form of money, services, loan, travel,
entertainment, hospitality, things or promise or any other form, under
circumstances in which it could be reasonably inferred that the gift
was intended to influence him or her or could reasonably be expected
to influence him or her in the performance of official duties or was
intended as a reward for any official action on his or her part.
(3)
To avoid a conflict of interest with his or her official duties, solicitation and acceptance of gifts of any value is prohibited by a Village officer or employee from "disqualified sources" except as provided for as exceptions in § 8-4C(6) below. The aforementioned "disqualified sources" are: any person or entity that is regulated by, does business with, appears before or negotiates with a Village agency; lobbies or has litigation adverse to a Village agency; applies for or receives funds from a Village agency; consults for or provides goods and services to a Village agency, or contracts with another agency and the Village receives the benefit of the contract. "Disqualified sources" include:
(a)
A person or entity who is currently seeking a benefit from the Village;
or
(b)
A person or entity who the Village officer or employee knows, or
has reason to know, will seek a benefit from the Village within the
24 months following solicitation or acceptance; or
(c)
A person or entity who the Village officer or employee knows, or
has reason to know, has received or sought a benefit from the Village
within the 24 months preceding the solicitation or acceptance.
(5)
(a)
Gifts from a family member, member of the same household, or person
with a personal relationship with the Village officer or employee,
including invitations to attend personal or social events, when circumstances
establish that it is the family, household, or personal relationship
that is the primary motivating factor. In the case of friends who
are fellow Village officers and employees, gifts are allowable which
are reasonable and customarily given on special occasions, such as
marriage, illness, retirement, and holidays. Further, occasional hospitality
(meals and refreshments) exchanged between fellow Village officers
and employees is permissible, which is modest, reasonable and customary.
In determining motivation, the following factors shall be among those
considered: a) the history and nature of the relationship between
the donor and the recipient, including whether or not items have previously
been exchanged; b) whether the item was purchased by the gift-giver;
and c) whether or not the gift-giver at the same time gave similar
items to other public officials or employees; the transfer shall not
be considered to be motivated by a family, household, or personal
relationship if the gift-giver seeks to charge or deduct the value
of such item as a business expense or seeks reimbursement from a client.
(b)
Anything of value accepted on behalf of the Village and transferred
to the Village, including goods or services which are provided to
the municipality and facilitate government actions or functions.
(c)
Awards (nonmonetary), certificates, plaques and other ceremonial
items which are publicly presented, or intended to be publicly presented,
in recognition of public service. In addition, an honorary degree
bestowed on a Village officer or employee is permissible.
(d)
Complimentary attendance, including food and beverage, at bona fide charitable events, subject to the Mayor or Village Board approval. The Mayor or Village Board shall consider whether or not such complimentary attendance may violate § 8-4C(2) and (3) above, except that the face value of any complimentary ticket to such charitable event may exceed $25, but be no greater than $75. Attendance at charitable events with complimentary tickets having a face value greater than $75 may be authorized by the Mayor or Village Board only under the provisions of § 8-4C(6)(e) below.
(e)
Complimentary attendance, food and beverage offered by the sponsor
of an event that is widely attended, or was in good faith intended
to be widely attended, and a) when attendance at the event is related
to the attendee's duties or responsibilities as a Village officer
or employee, including performance of a ceremonial function appropriate
to his or her position; or b) as an authorized representative of an
elected Village official; or c) social or business functions in which
the Village officer or employee participates in an official capacity
(e.g., Fire Department/Ambulance Corps dinner dances, Chamber of Commerce
luncheons, charitable events, etc.).
(f)
Complimentary attendance, including food and beverage, at political
fundraising events, when: a) given to a Village officer or employee
by the sponsor of the event, provided that the sponsor is a Village
officer or employee holding public office, or is a candidate for a
Village elected position; or b) given to a Village officer or employee
by a fellow Village officer or employee, regardless of whether he
or she is appointed or elected; and c) passes or tickets being offered
as complimentary were not proffered by a "disqualified source."
(g)
Meals or refreshments when participating in a professional or educational
program and the meals and refreshment are provided to all participants.
(h)
Promotional items having no substantial resale value, such as pens,
mugs, calendars, hats, and T-shirts.
(i)
Acceptance of holiday gifts or occasional hospitality to a Village
officer or employee where the value does not exceed $25 in the aggregate
annually per gift-giver (common examples: cookies, chocolates, fruit
baskets, plants, floral arrangements, memo notebooks, desk calculators,
deli lunch). The intent is to avoid the appearance of impropriety
while allowing for acceptance of items of nominal value that cannot
be inferred by reasonable persons as inducements to elicit more favorable
treatment from a Village officer or employee. In no case, however,
shall a Village officer or employee accept money as a gift or gratuity
from a disqualified source. A department administrator may promulgate
rules more stringent than those set forth herein, such as allowing
acceptance of only those gifts that can be placed on the front counter
for the department to share as a whole, and with the general public,
which does not exceed an annual aggregate value of $25 per employee
of said department or agency per gift-giver.
(j)
Goods and services, or discounts for goods and services, offered
to the general public or a segment of the general public defined on
a basis other than status as a Village official or employee, and offered
on the same terms and conditions as the goods and services are offered
to the general public or segment thereof.
(k)
Campaign contributions (both monetary and in-kind) reportable under
Article 14 of the New York State Election Law.
(l)
Travel reimbursement or payment for transportation, meals and accommodations
for an attendee, panelist, or speaker at an informational event; in
addition, provision of local transportation to inspect or tour facilities,
operations, or property owned or operated by the entity providing
such transportation.
(m)
A commercially reasonable loan made on terms not more favorable than
loans in the ordinary course of business.
(n)
Rewards or prizes given to competitors in contests or events, including
random drawings open to the public.
(6)
Special provision for elected Village officials. Notwithstanding the general standards set forth above in § 8-4C(5)(a) through (n), discretionary acceptance of occasional meals and refreshments provided by disqualified sources to an elected Village official not exceeding $75 in the aggregate annually is exempt from said prohibition where it can be reasonably inferred that said hospitality cannot be construed as a gift intended to influence him or her or could be reasonably expected to influence him or her in the performance of official duties or was intended as a reward for any official actions on his or her part.
(7)
Impermissible indirect gifts. The prohibition on gifts enumerated in § 8-4C also applies to all immediate family and relatives of Village officers or employees if such gifts are given with the knowledge and acquiescence of the Village officer or employee in such circumstances wherein a direct gift would be prohibited by § 8-4C.
(8)
Disclosure of gifts. As provided for on the annual financial disclosure statement, written disclosure is required for all gifts accepted by certain Village officers or employees, their spouses and emancipated children which aggregate over $1,000 per gift-giver, unless expressly excluded in § 8-4C(6) above.
D.
Confidential
information.
(1)
In accordance with § 805-a of Article 18 of General Municipal Law, a Village officer or employee, and a former Village officer or employee, shall not disclose any confidential or privileged information that he or she has acquired in the course of his or her official duties, except as provided for in Subsection D(3) of this subsection;
(2)
A Village officer or employee, and a former Village officer or employee,
shall not use any confidential or privileged information that he or
she has acquired in the course of his or her official duties to further
or to harm the interests of any person or further his or her personal
interests.
(3)
A Village officer or employee may disclose confidential or privileged
information in the following situations:
E.
Representation;
appearances. To supplement the provisions of § 805-a of
Article 18 of the General Municipal Law, which prohibits representation
before a Village agency over which the Village officer or employee
has jurisdiction and also prohibits representation before any Village
agency on any matter for a contingent fee, a Village officer or employee
shall not:
(1)
Represent any other person in any matter before any Village agency
in which the Village officer or employee is, or may be, called upon
to render any decision on behalf of the Village; or
(2)
Represent any other person in any matter against the interest of
the Village; or
(3)
Appear before any agency of the Village, except on behalf of the
Village, or on his or her own behalf.
F.
Investments in conflict with official duties. Whenever a Village officer or employee holds an investment directly or indirectly, in any financial, business, commercial or other private transaction which creates a conflict with his or her official duties, he or she shall provide public disclosure in accordance with § 8-5B and shall refrain from involvement in the matter which creates such conflict with his or her official duties.
G.
Private employment. A Village officer or employee shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his or her official duties. This shall not be construed to apply to private employment outside of the jurisdictional limits of the Village, or whenever a Village officer or employee has provided public disclosure in accordance with § 8-5B and has acted in accordance with § 8-5C.
H.
Political
solicitation and campaign-related activities.
(1)
No Village officer or employee shall, with undue influence, individually
request, or knowingly authorize anyone else to individually request,
any other Village officer or employee to participate in an election
campaign or contribute to a political party committee or to an individual
campaign committee. This provision shall not be construed to prevent
requests such as invitations to political functions which are mailed
and that are in form and substance the same as those mailed to individuals
who are not Village employees. However, general or mass solicitations
to Village officers or employees, or Village departments, and the
use of the Village of Belle Terre employee database of home mailing
addresses for that purpose, are prohibited.
(2)
Village officers and employees are not prohibited from attending
political functions or participating in campaign-related activities,
provided that such is on their own time. Use of Village taxpayer-funded
vehicles, equipment, computers, Internet, e-mail, telephones and supplies
by a Village officer or employee for campaign-related activities is
prohibited. For purposes of this section, "campaign-related activities"
are limited to attending political fundraisers, selling and purchasing
fundraiser tickets, circulating and signing designating petitions,
and distributing campaign literature and products. The intent is to
restrict Village employees during their working hours and in their
workspaces from engaging in specific campaign-related activities in
order to ensure a partisan-free work environment and protection of
government resources. Village officers and employees may engage in
such campaign-related activities in places of public assembly and
other traditional locations for free speech demonstrations while on
their own time.
I.
Revolving
door.
(1)
For a period of 12 months following service on a Village agency,
a former Village officer or employee shall not appear or practice
before his or her former Village agency, except on his or her own
behalf; provided, however, that nothing contained herein shall be
deemed to prohibit a former Village officer or employee from making
communications with the agency served by the Village officer or employee
which are incidental to an otherwise permitted appearance in adjudicative
proceeding before another agency or body or a court, unless the proceeding
was pending in the agency served during the period of the Village
officer's or employee's service with that agency.
(2)
No former Village officer or employee shall, at any time, appear
before any Village agency, or perform any work, whether paid or unpaid,
for any person, in connection with any matter on which the Village
officer or employee personally and substantially worked while in Village
service.
(3)
No former Village officer or employee shall, after leaving Village
service, disclose or use for private advantage any confidential information
gained from public service which is not otherwise made available to
the public; provided, however, that this shall not prohibit any former
Village officer or employee from disclosing any information concerning
conduct which he or she knows or reasonably believes to involve waste,
inefficiency, corruption, criminal activity or conflict of interest.
(5)
Nothing contained in this subsection shall prohibit a former Village
officer or employee from being associated with or having a position
in a firm which appears before a Village agency or from acting in
a ministerial manner regarding business dealings with the Village.
J.
Consultants.
(1)
Except as provided in Subsection J(2), (3) and (4) below, to avoid potential conflicts of interest, a Village consultant shall not appear on behalf of any other of the consultants' clients before the Village or any agency thereof during the period of service to the Village by the consultant. The Village shall specify the restriction in any written contracts entered into between the Village and consultants. However, failure of the contract to state the restriction shall not affect the enforcement of this section of the Village's Ethics Code.
(2)
The restrictions contained in this chapter shall not apply to consultants
which:
(3)
Nothing in this subsection shall be construed to prohibit a consultant
from:
(a)
Appearing on his own behalf, or on behalf of the Village, before
a Village agency.
(b)
Seeking or obtaining a ministerial act from an administrative officer,
or receiving a Village service or benefit, or using a Village facility,
on the same terms on which such service, benefit or facility is available
to the public.
(4)
Special waiver. A consultant may make appearances before Village
agencies otherwise prohibited by this section, upon written approval
of the Ethics Board and the consent of the involved Village agencies.
The Ethics Board shall consider such approval on a case-by-case basis,
taking into account for such findings the following criteria:
(a)
The general expertise of the consultant.
(b)
The expertise of the consultant vis-a-vis the particular matter.
(c)
The extent of the consultant's involvement both for the Village
and for the private client(s).
(d)
The extent of the fees, past or future, to be paid to the consultant
by the Village.
(e)
The impact such appearances may have on the public trust.
(f)
The statement of necessity from the involved Village agency.
(g)
Such findings shall be detailed in writing by the Ethics Board and
filed with the office of the Village Clerk.
K.
Avoidance
of conflicts. A Village officer or employee shall not knowingly acquire,
solicit, negotiate for, or accept any benefit, interest, employment,
or other thing of value that would put him or her in violation of
this Code of Ethics.
A.
Prohibited
interests in contracts. No Village officer or employee shall have
an interest in a contract with the Village, or an interest in a bank
or trust company, that is prohibited by § 801 of Article
18 of the General Municipal Law of the State of New York. Any contract
willfully entered into by or with the Village in which there is an
interest prohibited by that section shall be null, void, and wholly
unenforceable, to the extent provided by § 805-a, Subdivision
2, of Article 18 of the General Municipal Law.
B.
Disclosable
interests in contracts or legislation.
(1)
In accordance with § 803 of the General Municipal Law,
whenever a Village officer or employee has, will have, or later acquires
an interest in any actual or proposed contract with the Village, he
or she shall publicly disclose the nature and extent of such interest
in writing to the relevant Village agency as soon as he or she has
knowledge of such actual or prospective interest. Such written disclosure
shall be made part of and set forth in the official record of the
proceedings of such Village agency.
(2)
To the extent that the Village officer or employee knows that a relative
of the Village officer or employee has an interest in any actual or
proposed contract with the Village, the Village officer or employee
shall publicly disclose the nature and extent of such interest in
writing to the relevant Village agency as soon as he or she has knowledge
of such actual or prospective interest. Such written disclosure shall
be made part of and set forth in the official record of the proceedings
of such Village agency.
(3)
To the extent that the Village officer or employee knows that any
relative of the Village officer or employee has an interest gained
by the sale of a service or property to the Village, the Village officer
or employee shall publicly disclose the nature and extent of such
interest in writing to the relevant Village agency as soon as he or
she has knowledge of such actual or prospective interest. Such written
disclosure shall be made part of and set forth in the official record
of the proceedings of such Village agency.
(4)
To the extent that the Village officer or employee knows thereof,
the Village officer or employee, whether paid or unpaid, shall publicly
disclose the nature and extent of any direct or indirect financial
or other private interest in any matter, application, petition, or
pending legislation in writing to the relevant Village agency. Such
written disclosure shall be made part of and shall be set forth in
the official record of the proceedings of such Village agency.
(5)
To the extent that the Village officer or employee knows that any
relative of the Village officer or employee has any direct or indirect
financial or other private interest in any matter, application, petition,
or pending legislation before any Village agency, the Village officer
or employee shall publicly disclose the nature and extent of any direct
or indirect financial or other private interest in any matter, application,
petition, or pending legislation in writing to the relevant Village
agency. Such written disclosure shall be made part of and set forth
in the official record of the proceedings of such Village agency.
(6)
The Village Clerk shall cause a copy of that written disclosure to
be filed promptly with the Ethics Board.
C.
Whenever a Village officer or employee makes a public disclosure pursuant to § 8-5B or is otherwise required to recuse himself or herself pursuant to § 8-4B(3) of this chapter, he or she shall immediately:
When any Village officer or employee, or any contracting party, has been found to have violated § 8-4 or § 8-5 or § 8-10 of this chapter in connection with any contract or agreement entered into by or with the Village, such contract shall be void unless ratified by the Village Board after full disclosure of the facts and circumstances of all violations. No vote to ratify any contract pursuant to this section shall be taken without a report and recommendation of the Ethics Board pursuant to § 8-24D. However, any contract that violates § 801 of Article 18 of the General Municipal Law cannot be ratified and is void.
The provisions of §§ 8-4 and 8-5 of this chapter shall not prohibit, or require, recusal or transactional disclosure as a result of:
A.
An
action specifically authorized by statute, rule, or regulation of
the United States or by State of New York; or
B.
A
ministerial act; or
C.
Anything of value identified in § 8-4C(5) as exclusions to the gift provisions under this chapter.
D.
Receipt
of Village services or benefits, or use of Village facilities, on
the same terms and conditions as such services or benefits are available
to residents or a class of residents in the Village; or
E.
Representation
of constituents by elected Village officials without compensation
in matters of public advocacy.
A.
Except as provided in Subsection C below, the outside employer or business of a Village officer or employee shall not appear before the Village agency in which the Village officer or employee serves or by which the Village officer or employee is employed.
B.
Except as provided in Subsection C below, the outside employer or business of a Village officer or employee shall not appear before any Village agency if the Village officer or employee has the authority to appoint any officer, employee or member of the agency or to review, approve, audit or authorize any budget, bill, payment or claim of the agency.
C.
Nothing
in this section shall be construed to prohibit the outside employer
of business of a Village officer or employee from:
B.
Time
and place for filing.
(1)
Annual disclosure statements shall be filed with the office of the
Village Clerk on or before May 15 of each year.
(2)
New elected officials and Village agency appointees shall file their
first annual disclosure statements with the office of the Village
Clerk within 30 days after appointment and on or before each subsequent
May 15 thereafter.
(3)
Additional time to file. Village officials or appointees who are
required to file an annual disclosure statement may request from the
Ethics Board an extension of time to file upon showing of justifiable
cause or hardship; provided, however, that such extension may not
exceed 60 days.
(4)
Public inspection. Annual disclosure statements required to be filed
pursuant to this chapter shall be available for public inspection
in the office of the Village Clerk.
C.
Contents
of annual disclosure statement. The annual disclosure statement shall
be upon the form established by the Village Board of Trustees by resolution.
D.
Amendments,
corrections and update.
(1)
A Village officer or appointee who becomes aware of any changes necessary, misstatement or a deficiency in his or her annual disclosure statement shall file an amendment or correction thereof within 30 days of the date when he or she learns of the misstatement or deficiency. Timely filing of an amendment or correction pursuant to this subsection shall include disclosure of a possible misstatement or deficiency in connection with a request for an advisory opinion pursuant to § 8-26 and shall be deemed a complete defense to any allegations of unethical conduct in connection with the initial misstatement or deficiency.
(2)
Within 30 days of any change in information disclosed, the Village
officer or appointee shall file an updated annual disclosure statement.
This subsection may be satisfied by a letter specifying the specific
change or changes, filed with the office of the Village Clerk.
E.
Failure
to disclose.
(1)
If a person required to file an annual disclosure statement has failed to file a disclosure statement or has filed a deficient statement, the Ethics Board shall notify the reporting person in writing, state the failure to file or detail the deficiency, provide the person with a fifteen-day period to make such filing or cure such deficiency and advise the person of the penalties for failure to comply with the reporting requirements. Such notice shall be confidential. If the person fails to make such filing or fails to cure the deficiency within the specified time period, the Ethics Board shall send a notice of delinquency to the reporting person and the Village Board. Any officer or employee who is required to file annual disclosure statements and fails to do so following the notification and cure period set forth in this section may be fined an amount not to exceed that set forth in § 8-13.
B.
Disclosure affidavit required; findings.
(1)
In accordance with § 809 of General Municipal Law of the
State of New York, every application, petition, or request submitted
for a variance, amendment, change of zoning, approval of a subdivision
map, site plan, special exception use, request for exemption from
a subdivision map or official map, license, or permit, or grant requiring
approval from the Village Board or a Village agency pursuant to the
provisions of any ordinance, local law, rule, or regulation constituting
the zoning and planning regulations of the Village shall disclose
information pertaining to certain interests by a state officer or
officer or employee of the municipality in the application. This includes
but is not limited to all applications filed seeking permits, approvals
or determinations from the Village Board, Planning Board, Zoning Board
of Appeals, and Building Department employees authorized to issue
permits and licenses under the Village Code of the Village of Belle
Terre.
(2)
A Village officer or employee shall be deemed to have an interest
in the application when he or she, his or her spouse, or his or her
brothers, sisters, parents, children, grandchildren, or the spouse
of any of them is a) the applicant; or b) is an officer, director,
partner, or employee of the applicant; or c) legally or beneficially
owns or controls stock of a corporate applicant or is a member of
a partnership or association applicant; or d) is a party to an agreement
with such an applicant, express or implied, whereby he or she 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.
C.
The applicant shall state the information required below on applicant
disclosure affidavit forms required by the Board of Ethics.
(1)
The names of any state officer or Village officer or employee who
has an interest in the application.
(2)
The names of any relative (as defined in § 8-2) of a Village officer or employee who is a) the applicant; or b) is an officer, director, partner, or employee of the applicant; or c) legally or beneficially owns or controls stock of a corporate applicant or is a member of a partnership or association applicant; or d) is a party to an agreement with such an applicant, express or implied, whereby he or she 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.
(3)
The supplemental information required by this chapter, if applicable.
D.
Manner and place of filing. Disclosure affidavits required to be filed by applicants pursuant to this chapter shall be available for public inspection in the application file maintained by the respective Village agency. In the case of applications and other requests for relief before the Village Board, said disclosure affidavits and application file shall be maintained by the office of the Village Clerk. All applications for agency approvals or ministerial acts, as defined by § 8-2, shall have the disclosure affidavit form attached upon dissemination to the applicant by the respective Village agency.
A.
Disciplinary action.
(1)
Any Village officer or employee who engages in any action that violates
any provision of this chapter may be warned, reprimanded, suspended,
or removed from office or employment, and may be subject to any other
sanction authorized by law, by the appointing authority or person
or authorized by law to impose such sanctions. A warning, reprimand,
suspension, removal, or other authorized sanction may be imposed in
addition to any other penalty contained in this chapter or in any
other provision of law.
(2)
In its discretion, after a hearing providing for the due process
procedural mechanisms and subject to any applicable provisions of
law, the Ethics Board may recommend disciplinary action pursuant to
this section. The recommendation of the Ethics Board shall be made
to the Village Board, which is authorized by law to impose such sanctions.
The Ethics Board shall conduct and complete the hearing with reasonable
promptness, unless in its discretion the Ethics Board waives its opportunity
to make a recommendation and instead refers the matter in writing
to the Village Board. If such a referral is made, the Ethics Board
shall close the matter.
B.
Civil fine.
(1)
Any person who violates any provision of this chapter may be subject to a civil fine not to exceed $1,500 for each violation. A civil fine may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to § 8-13D. A fine may only be imposed by the Village Board or appropriate court of law. A civil fine may not be imposed for a violation of § 8-5A.
(2)
In its discretion, after a hearing providing for the due process
procedural mechanisms and subject to any applicable provisions of
law, the Ethics Board may recommend a civil fine not to exceed $1,500
for each violation upon any person found by the Ethics Board to have
violated this chapter. The recommendation of the Ethics Board shall
be made to the Village Board and shall be public. The Ethics Board
shall conduct and complete the hearing with reasonable promptness,
unless in its discretion the Ethics Board, without recommendation,
refers the matter to the appropriate appointing authority, person
or body for such action as the Village Board deems appropriate. If
such a referral is made, the Ethics Board shall close the matter.
The Village Board, in its discretion, is authorized to impose such
fine subject to a hearing and any applicable provisions of law.
C.
Damages.
(1)
Any person who violates any provision of this chapter shall be liable in damages to the Village for any losses or increased costs incurred by the Village as a result of the violation. Such damages may be imposed in addition to any other penalty contained in and other provision of law or in this chapter, other than a civil forfeiture pursuant to § 8-13D.
(2)
A finding of damages may only be made by the Village Board or an
appropriate court of law.
(3)
The Village Board may initiate an action or special proceeding, as
appropriate, in a court of appropriate jurisdiction to obtain damages,
pursuant to this section.
D.
Civil forfeiture.
(1)
Any person who intentionally or knowingly violates any provision of this chapter may be subject to a civil forfeiture to the Village of a sum equal to three times the value of any financial benefit he or she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil fine pursuant to § 8-13B or damages pursuant to § 8-13C. Civil forfeiture shall not be available for a violation of § 8-5A. Treble damages and/or civil forfeiture may only be imposed by a court of appropriate authority.
(2)
The Village Board may initiate an action or special proceeding, as
appropriate, in a court of appropriate jurisdiction to obtain civil
forfeiture, pursuant to this section.
E.
Prosecutions. The Ethics Board may refer any information that it
receives concerning a possible criminal violation to the appropriate
prosecutor or other law enforcement agency. Nothing contained in this
chapter shall be construed to restrict the authority of any prosecutor
to prosecute any violation of this chapter or of any other law.
F.
Limit on Ethics Board. Nothing in this section shall be construed
to permit the Ethics Board to take any action with respect to any
alleged violation of this chapter, or of any other law, by the Ethics
Board or by any member or staff member thereof.
G.
Village Board response to Ethics Board. The Village Board shall,
within 45 days of receipt of a written referral, pursuant to this
section, from the Ethics Board, respond in writing and state in sum
and substance the Village Board's intention with respect to the
referral.
A.
Any person, whether or not a Village officer or employee, who intentionally
or knowingly violates any provision of this chapter shall be prohibited
from entering into any contract with the Village for a minimum period
of six months but not to exceed three years.
B.
No person, whether or not a Village officer or employee, shall enter into a contract in violation of a bar imposed pursuant to § 8-14A.
D.
Any person, whether or not a Village officer or employee, who intentionally
or knowingly violates any provision of this chapter shall be prohibited
for a minimum period of six months but not to exceed three years from
applying to the Village for any benefit except for benefits granted
by ministerial act of Village officers or employees upon proof of
residence.
E.
Under this section, a corporation, partnership, or other entity shall
not be held vicariously liable for the actions of an employee. A corporation,
partnership, or other entity shall not be debarred because of the
actions of an employee unless the employee is an officer of his or
her company or acted in the execution of company policy or custom.
A store, region, division, or other unit of an entity shall not be
debarred because of the actions of an employee of that unit unless
the employee acted at the direction, or with the actual knowledge
or approval, of the manager of the unit.
F.
In its discretion and after a hearing providing for due process procedural
mechanisms and subject to any applicable provisions of law, the Ethics
Board may recommend that the Village Board issue an order of debarment,
pursuant to this section.
A.
Any resident, officer, or employee of the Village may initiate an
action or special proceeding, as appropriate, in the court of appropriate
jurisdiction for injunctive relief to enjoin an officer or employee
of the Village from violating this chapter or to compel an officer
or employee of the Village to comply with the provisions of this chapter.
In lieu of, or in addition to, injunctive relief, the action or special
proceeding, as appropriate, may seek a declaratory judgment.
B.
No action or special proceeding shall be prosecuted or maintained pursuant to § 8-15A unless:
(1)
The plaintiff or petitioner shall have filed with the Ethics Board
a sworn complaint alleging the violation by the Village officer or
employee; and
(2)
It shall appear by and as an allegation in the complaint or petition
filed with the court that at least six months have elapsed since the
filing of the complaint with the Ethics Board and that the Ethics
Board has failed to file a determination in the matter; and
(3)
The action or special proceeding shall be commenced within 10 months
after the alleged violation occurred.
Within 90 days after the effective date of this chapter, and
during the month of March each year thereafter, the Mayor shall:
A.
Cause to be filed with the Ethics Board a list of the names and offices or positions of all Village officers and employees required to file annual disclosure statements pursuant to § 8-9 of this chapter; and
B.
Notify all such officers and employees of their obligation to file
an annual disclosure statement.
The Ethics Board shall index and maintain on file for at least
seven years all disclosure statements and records filed with the Ethics
Board pursuant to this chapter. The Ethics Board shall have discretion
regarding where the files are housed; however, the records must be
stored in a Village-owned and -operated facility within the Village
of Belle Terre.
A.
There is hereby established an Ethics Board consisting of three members.
The Village Board shall appoint the members of the Ethics Board, all
of whom shall be residents of the Village.
B.
An Ethics Board member shall promptly resign under the following
circumstances:
(1)
When opting to enter campaign races as a candidate for public office;
(2)
When opting to serve as a campaign manager, consultant, or treasurer
for a political party committee or individual election campaign committee;
(3)
When recusal has become prevalent for such individual for matters
before the Ethics Board.
C.
No person may be appointed as a member of the Ethics Board who is:
(1)
A current elected Village officer; or
(2)
Currently a relative of a Village officer or employee; or
(3)
Currently having business dealings with the Village or any Village
agency, directly or indirectly, personally or through some firm, association
or corporation in which he or she acts in an official capacity; or
(4)
Either a current Village officer or employee, or a former Village
officer or employee who served in a compensated position within the
three years immediately preceding his or her appointment.
D.
The terms of office of the Ethics Board members shall be three years
each, and such terms shall run from July 1 through June 30. The members
first appointed following the effective date of this chapter shall
be appointed as follows: one to serve a one-year term, one to serve
a two-year term, and one to serve a three-year term. Subsequent terms
shall be staggered three-year terms.
E.
When the term of an Ethics Board member has expired, he or she shall
serve as a holdover until his or her successor has been appointed.
F.
The members of the Ethics Board shall not receive compensation but
may be reimbursed for reasonable expenses incurred in the performance
of their official duties, pending Village Board approval by resolution.
G.
Members of the Ethics Board shall be provided with legal defense
and indemnification when required by New York State Law or the requirements
of the Village Code of the Village of Belle Terre.
When a vacancy occurs in the membership of the Ethics Board, the vacancy shall, within 45 days, be filled for the unexpired portion of the term in the same manner as the original appointment. A person appointed to fill a vacancy on the Ethics Board shall meet the qualifications set forth in § 8-18 of this chapter.
A.
An Ethics Board member may be removed from office upon any of the
following grounds:
B.
A member whose removal is under consideration by the Village Board
shall be given written notice of the allegations against him or her
and shall be provided a reasonable opportunity to reply. A vote of
four members of the Village Board in favor of removal shall be necessary
for removal of such a member. A member whose removal is under consideration
by the Village Board shall, at the member's option, continue
to serve as a member of the Ethics Board unless and until the Village
Board has voted to remove him or her. A member whose removal is under
consideration by the Village Board shall, at the member's option,
be afforded a public hearing before the Village Board, at which such
member may be represented by counsel, call witnesses in his or her
own behalf, and cross-examine witnesses who testify against the member.
At its first meeting each year, the Ethics Board shall elect
a Chair from among its members. Any action of the Ethics Board must
be approved by a majority thereof. The Chair or a majority of the
Ethics Board may call a meeting of the Ethics Board.
A.
The termination of a Village officer's or employee's term
of office or employment with the Village shall not affect the jurisdiction
of the Ethics Board with respect to the requirements imposed on him
or her by this chapter.
B.
The Ethics Board shall have the following powers and duties:
(1)
To prescribe and promulgate rules and regulations governing its own
internal organization and procedures in a manner consistent with this
chapter;
(2)
As necessary to carry out its duties under this chapter, the Ethics
Board may request the Village Board to designate certain Village staff
to provide such clerical services;
(3)
To review, index, and maintain on file lists of Village officers
and employees, and disclosure statements filed with the Ethics Board,
pursuant to the applicable provisions of this chapter;
(4)
To review, index, maintain on file, and dispose of sworn complaints alleging violations of this chapter and to make notifications and conduct investigations pursuant to § 8-24;
(5)
To conduct hearings, make recommendations for disciplinary actions and penalties, make referrals, and initiate appropriate actions and proceedings pursuant to § 8-13;
(8)
To provide training and education to Village officers and employees
and to make information concerning this chapter and Article 18 of
the General Municipal Law available to the public and to persons interested
in doing business with the Village;
(9)
To provide educational materials and an education program for Village
officers and employees concerning the provisions of this chapter and
Article 18 of the General Municipal Law;
(10)
To prepare an annual report to the Village Mayor and Village Board,
summarizing the activities of the Ethics Board. The report may also
recommend changes to the text or administration of this chapter. The
Ethics Board shall periodically review this chapter and the Board's
rules, regulations, and administrative procedures to determine whether
they promote integrity, public confidence, and participation in Village
government and whether they set forth clear and enforceable common-sense
standards of conduct;
(12)
The Ethics Board shall meet once in the month of January of each
year and as required thereafter.
A.
The Ethics Board shall review all transactional disclosure statements.
B.
The Ethics Board may review applicant disclosure affidavits pursuant to § 8-10. Upon request from the Ethics Board, a Village agency shall forward copies of applicant disclosure affidavits.
C.
If the Ethics Board determines that a transactional disclosure statement
or an applicant disclosure statement is deficient or reveals a possible
or potential violation of this chapter, the Ethics Board shall notify
the person in writing of the deficiency or possible or potential violation
and of the penalties for failure to comply with this chapter.
A.
Upon receipt of a written complaint by any person alleging a violation
of this chapter or upon determining on its own initiative that a violation
of the chapter may exist, the Ethics Board shall have the power and
duty to conduct with reasonable promptness any investigation necessary
to carry out the provisions of this chapter. Written complaints must
be signed by the individual complainant, must be notarized and must
include his/her address. In conducting any such investigation, the
Ethics Board may administer oaths or affirmations, compel attendance
of witnesses, and require the production of any books or records that
it may deem relevant and material. The Ethics Board shall make a reasonable
effort to obtain voluntary cooperation prior to exercising or enforcing
its right to compel testimony. Further, the Ethics Board shall take
steps to ensure that every individual's right to due process
is protected.
B.
The Ethics Board shall state in writing the disposition of every
sworn written complaint it receives and shall set forth the reasons
for the disposition. All such statements and all sworn complaints
shall be indexed and maintained on file by the Board.
C.
Any person filing a sworn complaint with the Ethics Board, and every
person who is named in such a complaint, shall be notified in writing
of the disposition of the complaint.
D.
Upon the written request of the Village Board, of a Village officer or employee, or of any contracting party, the Ethics Board shall investigate and provide to the Village Board a written report and recommendation concerning any Village contract or agreement that may be void pursuant to § 8-6. Additionally, the Ethics Board may, in its discretion, undertake such an investigation upon its own initiative, in which case it may present a report and recommendation to the Village Board.
E.
Nothing in this section shall be construed to permit the Ethics Board
to conduct an investigation of itself or of any of its members or
staff. If the Ethics Board receives a complaint alleging that the
Ethics Board or any of its members or staff has violated any provision
of this chapter, or any other law, the Ethics Board shall promptly
transmit to Village Board a copy of the complaint.
A.
Upon written application and upon a showing of compelling need by the applicant, the Ethics Board may in exceptional circumstances grant the applicant a waiver of any of the provisions of § 8-4, § 8-8, or § 8-10 of this chapter; provided, however, that no such waiver shall permit conduct otherwise prohibited by Article 18 of the General Municipal Law of the State of New York.
B.
Waivers shall be in writing and shall state the grounds upon which
they are granted. Within 10 days after granting a waiver, the Ethics
Board shall file with the Village Clerk a statement setting forth
the name of the person requesting the waiver and a general description
of the nature of the waiver. All applications, decisions, and other
records and proceeding relating to waivers shall be indexed and maintained
on file by the Ethics Board through the Village Clerk's office.
A.
Upon the written request of any Village officer or employee or former
Village officer or employee, the Ethics Board shall render a written
advisory opinion with respect to the interpretation or application
of this chapter or of Article 18 of the General Municipal Law of the
State of New York, under such rules and regulations as the Ethics
Board may deem advisable, and said advisory opinion shall be reviewed
by the Village Attorney. Any other person may similarly request an
advisory opinion from the Ethics Board but only with respect to whether
his or her own action might violate a provision of this chapter or
Article 18 of the General Municipal Law.
B.
Advisory opinions and requests for advisory opinions shall be indexed
and maintained on file by the Ethics Board by the Village Clerk's
office; however, the records must be stored in a Village-owned and
-operated facility within the Village of Belle Terre.
C.
Any person who has submitted to the Ethics Board a written request
for an advisory opinion may bring a special proceeding pursuant to
Article 78 of the Civil Practice Law and Rules for an order compelling
the Ethics Board to issue the advisory opinion. In addition to, or
in lieu of, such injunctive relief, the person may seek a judgment
in accordance with § 3001 of the Civil Practice Law and
Rules determining the question posed in the request for the advisory
opinion. No action or special proceeding shall be prosecuted or maintained
pursuant to this section unless:
(1)
It shall appear by and as an allegation in the petition or complaint
that at least six months have elapsed since the filing of the request
and that the Ethics Board has failed to file any determination in
the matter; and
(2)
The action or special proceeding shall be commenced within 10 months
after the submission of the request for the advisory opinion.
D.
No Village officer or employee shall be subject to discipline by
the Village or the Village agency that employs him or her for acting,
or declining to act, concerning a matter, assignment, decision or
task of his or her Village office or employment, if he or she acts,
or declines to take action:
(1)
After placing his or her immediate supervisor on written notice,
with two copies thereof filed with the Village Clerk, that his action
or refusal to act is based on good-faith reliance upon a specific
part of this chapter.
(2)
Pending issuance by the Ethics Board of an advisory opinion concerning
the specific action to be taken or refused; or
(3)
In full compliance with an advisory opinion issued pursuant to this
chapter concerning a specific action to be taken or refused.
Any person aggrieved by a decision of the Village Board pursuant
to this chapter may seek judicial review and relief pursuant to Article
78 of the Civil Practice Law and Rules of the State of New York.
A.
The only records of the Ethics Board that shall be available for
public inspection are those whose disclosure is required by Article
6 or Article 7 of the Public Officers Law of the State of New York
or by some other state or federal law or regulation.
B.
No meeting or proceeding of the Ethics Board concerning misconduct,
malfeasance, or neglect in office by a Village officer or employee
shall be open to the public, except upon the request of the officer
or employee or as required by the provisions of Article 7 of the Public
Officers Law or by some other state or federal law or regulation.
C.
Except as otherwise provided by Article 6 and Article 7 of the New
York State Public Officers Law, all requests for advisory opinions,
all sworn written complaints, all advisory opinions, all decisions
disposing of complaints, all investigative records and files, and
all witness statements taken by the Ethics Board or by any person
acting on its behalf shall be held in confidence by the Ethics Board
and shall not be disclosed by any member of the Ethics Board to any
person, except as follows:
(1)
Any information deemed by the Ethics Board to concern a possible
criminal violation shall not be confidential for the purpose of disclosing
it to the appropriate prosecutor or other law enforcement agency;
or
(2)
A sworn written complaint shall not be confidential for the purpose
of disclosing it to any person named therein and for the purpose of
notifying all such persons of the disposition thereof; or
(3)
A decision disposing of a complaint shall not be deemed confidential
for the purpose of disclosing it to the person who made the complaint;
or
(4)
A publication made by the Ethics Board pursuant to this chapter;
or
(5)
Upon a recommendation to the Village Board for further investigation or upon recommendations of disciplinary action or a civil fine pursuant to § 8-13A or B, the Ethics Board shall turn over all related information, including testimony, to the Village Board. The Village Board shall then be constrained by the same confidentiality standards as those set forth above for the Ethics Board.
A.
No existing right or remedy shall be lost, impaired, or affected
by reason of this chapter.
B.
Nothing in this chapter shall be deemed to bar or prevent a present
or former Village officer or employee from timely filing any claim,
account, demand, or suit against the Village on behalf of himself
or herself or any member of his or her family arising out of personal
injury or property damage or any lawful benefit authorized or permitted
by law.
C.
If any provision of this chapter is held by a court of competent
jurisdiction to be invalid, that decision shall not affect the validity
and effectiveness of the remaining provisions of this chapter.
A.
Within 60 days after the effective date of this chapter, and thereafter
as appropriate, the Village Mayor shall cause a copy of this chapter
to be distributed to each Village officer and employee. Every Village
officer or employee elected or appointed thereafter shall be furnished
a copy of this chapter within 30 days after entering upon the duties
of his or her position.
B.
Failure of the Village to comply with the provisions of this section
or failure of any Village officer or employee to receive a copy of
the provisions of this chapter shall have no effect on the duty of
compliance with this chapter or on the enforcement of its provisions.
C.
Posting. In accordance with § 807 of the General Municipal
Law, the Village Mayor shall cause a copy of Article 18 of said law
to be kept posted in each public building under the jurisdiction of
the Village in a place conspicuous to its officers and employees.
Further, in accordance with § 336, Subdivision 2, of the
Real Property Tax Law, the Village Mayor shall cause a copy of § 336
of said law to be kept posted in each public building under the jurisdiction
of the Village in which assessors work in a place conspicuous to such
assessors. Failure to post any such copy shall have no effect on the
duty of compliance with said law or with the enforcement of the provisions
thereof.
