[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
Officers and employees of the Village of Kinderhook hold their positions to serve and benefit the public, and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties. The Board of Trustees 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:
BOARD
The Village Board of Trustees and any Village administrative board (e.g., Planning Board, Zoning Board of Appeals), commission, or other agency or body comprised of two or more Village officers or employees.
CODE OF ETHICS
This chapter.
INTEREST
A direct or indirect financial or material benefit, but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the Village or an area of the Village, or a lawful class of such residents or taxpayers. A Village officer or employee is deemed to have an interest in any private organization when the employee or the employee's spouse, or a member of the employee's household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 5% of the organization's outstanding stock.
MUNICIPALITY
The Village of Kinderhook. The word "municipal" refers to the Village.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Village of Kinderhook, including, but not limited to, the members of any Village board.
RELATIVE
A spouse, parent, stepparent, sibling, stepsibling, sibling's spouse, child, stepchild, uncle, aunt, nephew, niece, first cousin, or household member of a Village officer or employee, and individuals having any of these relationships to the spouse of the officer or employee.
This chapter applies to the officers and employees of the Village, and shall supersede any prior Village code of ethics. The provisions of this chapter 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.
No Village officer or employee shall use their municipal position or official powers and duties to secure a financial or material benefit for the employee, a relative, or any private organization in which the employee is deemed to have an interest.
A. 
Whenever a matter requiring the exercise of discretion comes before a Village officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to the employee, a relative, or any private organization in which the employee is deemed to have an interest, the Village 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 Village officer or employee or when the Village officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier.
C. 
In the case of a person serving in an elective office, the disclosure shall be filed with the Board of Trustees. In all other cases, the disclosure shall be filed with the person's supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the Village officer, employee or board having the power to appoint to the person's position. In addition, in the case of a person serving on a Village 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.
A. 
No Village officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when the officer or employee knows or has reason to know that the action could confer a direct or indirect financial or material benefit on the officer or employee, a relative, or any private organization in which the officer or employee is deemed to have an interest.
B. 
In the event that this section prohibits a Village officer or employee from exercising or performing a power or duty:
(1) 
If the power or duty is vested in a Village 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 that is vested in a Village officer individually, then the power or duty shall be exercised or performed by the officer's deputy 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; or
(3) 
If the power or duty is vested in a Village employee, the employee must refer the matter to the employee's immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty.
A. 
This chapter's prohibition on use of a Village position (§ 12-4), disclosure requirements (§ 12-5), and requirements relating to recusal and abstention (§ 12-6), shall not apply with respect to the following matters:
(1) 
Adoption of the Village's annual budget;
(2) 
Any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups:
(a) 
All Village officers or employees;
(b) 
All residents or taxpayers of the Village or an area of the Village; or
(c) 
The general public.
(3) 
Any matter that does not require the exercise of discretion.
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 § 12-6 of this chapter;
(2) 
Which comes before a Village officer when the officer would be prohibited from acting by § 12-6 of this chapter and the matter cannot be lawfully delegated to another person.
A. 
No Village officer or employee may acquire the following investments:
(1) 
Investments that can be reasonably expected to require more than sporadic recusal and abstention under § 12-6 of this chapter; or
(2) 
Investments that would otherwise impair the person's independence of judgment in the exercise or performance of official powers and duties.
B. 
This section does not prohibit a Village officer or employee from acquiring any other investments or the following assets:
(1) 
Real property located within the Village and used as the officer's or employee's personal residence;
(2) 
Less than 5% of the stock of a publicly traded corporation; or
(3) 
Bonds or notes issued by the Village and acquired more than one year after the date on which the bonds or notes were originally issued.
No Village officer or employee, during the officer's or employee's tenure as a Village 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 § 12-6 of this chapter;
B. 
Can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a Village officer or employee;
C. 
Violates § 805-a(1)(c) or (d) of the General Municipal Law; or
D. 
Requires representation of a person or organization other than the Village in connection with litigation, negotiations or any other matter to which the Village is a party.
A. 
No Village 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 Village officer or employee, either individually or as a member of a board, while the matter is pending or within the 30 days following final disposition of the matter.
B. 
No Village officer or employee, for the two-year period after serving as a Village 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 Village office, board, department or comparable organizational unit for the officer or employee serves.
C. 
No Village officer or employee, at any time after serving as a Village officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which said officer or employee personally and substantially participated while serving as a Village officer or employee.
This chapter shall not be construed as prohibiting a Village officer or employee from:
A. 
Representing the officer or employee, or the officer's or employee's spouse or minor children before the Village; or
B. 
Asserting a claim against the Village on the officer's or employee's own behalf, or on behalf of the officer's or employee's spouse or minor children.
A. 
Village resources shall be used for lawful municipal purposes. Village resources include, but are not limited to, Village personnel, and the Village's money, vehicles, equipment, materials, supplies or other property.
B. 
No Village officer or employee may use or permit the use of Village resources for personal or private purposes, but this provision shall not be construed as prohibiting:
(1) 
Any use of Village resources authorized by law or Village policy;
(2) 
The use of Village resources for personal or private purposes when provided to a Village officer or employee as part of the officer's or employee's compensation; or
(3) 
The occasional and incidental use during the business day of Village telephones and computers for necessary personal matters such as family care and changes in work schedule.
C. 
No Village officer or employee shall cause the Village to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel.
A. 
No Village officer or employee may have an interest in a contract that is prohibited by § 801 of the General Municipal Law.
B. 
Every Village officer and employee shall disclose interests in contracts with the Village at the time and in the manner required by § 803 of the General Municipal Law.
Except as otherwise required by law:
A. 
No Village 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 or a Village board.
B. 
No Village officer or employee may supervise a relative in the performance of the relative's official powers or duties.
A. 
No Village officer or employee shall directly or indirectly to compel or induce a subordinate Village officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value.
B. 
No Village officer or employee may act or decline to act in relation to appointing, hiring or promoting, discharging, disciplining, or in any manner changing the official rank, status or compensation of any Village officer or employee, or an applicant for a position as a Village officer or employee, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose.
No Village officer or employee who acquires confidential information in the course of exercising or performing the officer's or employee's 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 the officer's or employee's official powers and duties.
A. 
No Village officer or employee shall solicit, accept or receive a gift in violation of § 805-a(1)(a) of the General Municipal Law as interpreted in this section.
B. 
No Village officer or employee may directly or indirectly solicit any gift.
C. 
No Village officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of $75 or more when:
(1) 
The gift reasonably appears to be intended to influence the officer or employee in the exercise or performance of the officer's or employee's official powers or duties;
(2) 
The gift could reasonably be expected to influence the officer or employee in the exercise or performance of the officer's or employee's 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 $75 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. 
Presumptions.
(1) 
A gift to a Village officer or employee is presumed to be intended to influence the exercise or performance of the officer's or employee's official powers or duties when the gift is from a private person or organization that seeks Village action involving the exercise of discretion by or with the participation of the officer or employee.
(2) 
A gift to a Village 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 Village 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;
(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 Village officer or employee, is the primary motivating factor for the gift;
(3) 
Gifts given on special occasions, such as marriage, illness, or retirement, which are modest, reasonable and customary;
(4) 
Unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, notepads, and calendars;
(5) 
Awards and plaques having a value of $75 or less which are publicly presented in recognition of service as a Village officer or employee, or other service to the community; or
(6) 
Meals and refreshments provided when a Village 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.
A. 
The Mayor must promptly cause a copy of this chapter, and a copy of any amendment to this chapter, to be posted publicly and conspicuously in each building under the Village's control. This chapter must be posted within 10 days following the date on which the chapter takes effect. An amendment to this chapter 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 chapter, including any amendments to this chapter, to be distributed to every person who is or becomes an officer and employee of the Village.
C. 
Every Village officer or employee who receives a copy of this chapter or an amendment to this chapter must acknowledge such receipt in writing. Such acknowledgments must be filed with the Village Clerk, who must maintain such acknowledgments as a public record.
D. 
The failure to post this chapter or an amendment to this chapter does not affect either the applicability or enforceability of this chapter or the amendment. The failure of a Village officer or employee to receive a copy of this chapter or an amendment to this chapter, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of this chapter or amendment to this chapter.
A. 
Any Village officer or employee who violates this chapter may be censured, fined, suspended or removed from office or employment in the manner provided by law.
B. 
Any infractions of this chapter will be referred to the Columbia County Board of Ethics for the purpose of rendering advisory opinions to the officers and employees of the Village of Kinderhook with respect to Article 18 of the General Municipal Law and this chapter.