[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley 12-30-70.; amended in its entirety 9-7-2021 by L.L. No. 6-2021. Subsequent amendments noted where applicable.]
A.
Pursuant to the provisions of § 806 of the General Municipal
Law, the Board of Trustees of the Village of Ardsley recognizes that
there are rules of ethical conduct for public officers and employees
which must be observed if a high degree of moral conduct is to be
obtained and if public confidence is to be maintained in our unit
of local government. It is the purpose of this chapter to promulgate
these rules of ethical conduct for the officers and employees of the
Village of Ardsley. These rules shall serve as a guide for official
conduct of the officers and employees of the Village of Ardsley. The
rules of ethical conduct of this chapter, as adopted, shall not conflict
with, but shall be in addition to, any prohibition of Article 18 of
the General Municipal Law or any other general or special law relating
to ethical conduct and interest in contracts of municipal officers
and employees.
B.
Municipal officers and employees may not knowingly acquire, solicit,
negotiate for, or accept any interest, employment or other thing of
value which would put them in violation of this Code of Ethics.
As used in this chapter, the following terms shall have the
meanings indicated:
Anything of value, whether in the form of money, service,
loan, travel, entertainment, hospitality, thing or promise, or in
any other form, but does not include any benefit arising from the
provision or receipt of any services generally available to the residents
or taxpayers of the municipality or an area of the municipality, or
a lawful class of such residents or taxpayers.
The governing board of the municipality and any municipal
administrative board (e.g., Planning Board, Zoning Board of Appeals),
commission, committee or other agency or body comprised of two or
more municipal officers, employees or volunteers.
This Code of Ethics.
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
municipality or any area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he/she/they,
his/her/their spouse, or a member of his/her/their household, is/are
an owner, partner, member, director, officer, employee, or directly
or indirectly owns or controls more than 5% of the organization's
outstanding stock.
An officer or employee of the Village of Ardsley, whether
paid or unpaid, including members of any administrative board, commission,
committee or other agency thereof. No person shall be deemed to be
a "municipal officer" or "employee" solely by reason of being a volunteer
fireman or civil defense volunteer.
The Village of Ardsley. The word "municipal" refers to the
municipality.
A spouse, parent, stepparent, sibling, stepsibling, sibling's
spouse, child, stepchild, uncle, aunt, nephew, niece, or household
member of a municipal officer or employee, and individuals having
any of these relationships to the spouse of the officer or employee.
The following positions entail potential conflicts of interested
and are deemed to be sensitive positions:
Alternate members of the:
Board of Architectural Review.
Building Inspector.
Code Enforcement Officer.
Assistant Building Inspector.
Village Manager.
Confidential Secretary to the Village Manager.
Village Clerk.
Village Treasurer.
Deputy Village Treasurer.
Accounts Payable Clerk.
Fire Inspector.
Fire Chief.
Assistant Fire Chiefs.
Police Chief.
Department of Public Works General Foreman.
Department of Public Works Deputy Foreman.
Recreation Supervisor.
Village Attorney.
Village Justices.
Justice Court Clerk.
Assistant Court Clerk/Intermediate Clerk.
Village Prosecutor.
A subordinate of a Village officer or employee shall mean
another Village officer or employee over whose activities he/she/they
has direction, supervision or control over, except those who serve
in positions that are in the exempt classification under § 41
of the Civil Service Law of the State of New York in the unclassified
service under Subdivisions (a) through (f) of the § 35 of
that law.
This Code of Ethics applies to the officers and employees of
the Village of Ardsley, 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 Ardsley.
No municipal officer or employee shall use his/her/their municipal
position or official powers and duties to secure a financial or material
benefit for himself/herself/themselves, a relative, or any private
organization in which he/she/they is/are 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/herself/themselves,
a relative, or any private organization in which he/she/they is/are
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 elective office, the disclosure
shall be filed with the governing board of the municipality. In all
other cases, the disclosure shall be filed with the Village Manager.
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.
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/she/they know or have reason to know that the action
could confer a direct or indirect financial or material benefit on
himself/herself/themselves, a relative, or any private organization
in which he/she/they are 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:
(1)
If the 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.
(2)
If the power or duty that is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his/her/their
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.
(3)
If the power or duty is vested in a municipal employee, he/she/they
must refer the matter to the Village Manager who shall designate another
person to exercise or perform the power or duty.
This code's prohibition on use of a municipal position (§ 18-4), disclosure requirements (§ 18-5), and requirements relating to recusal and abstention (§ 18-6), shall not apply with respect to the following matters:
A.
Adoption of the municipality's annual budget;
C.
Any matter that does not require the exercise of discretion.
B.
Investments that would otherwise impair the person's independence
of judgment in the exercise or performance of his/her/their official
powers and duties.
C.
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 municipality and used as his/her/their
personal residence;
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the municipality 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/her/their tenure
as a municipal officer or employee, may engage in any private employment,
including the rendering 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 § 18-6 of this code;
B.
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal 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
municipality in connection with litigation, negotiations or any other
matter to which the municipality 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
30 days following final disposition of the matter.
B.
No municipal officer or employee, for the two-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 for which he/she/they
serve.
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/she/they personally and substantially participated
while serving as a municipal officer or employee.
D.
A municipal officer or employee may not appear or practice before
the municipality, except on his/her/their own behalf, or receive compensation
for working on any matter before or with the municipality, for a period
of one year after the termination of his/her/their municipal service
or employment.
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 municipality'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;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his/her/their
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for the officer's or employee's
transportation, meals or lodging in connection with official travel
and only the municipal officer's or employee's expenses shall be included.
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 municipality 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 municipality or a municipal board.
B.
No municipal officer or employee may directly supervise a relative
in the performance of the relative's official powers or duties.
C.
Every municipal officer or employee of a relative seeking employment
within any department, section or function of the municipality shall
disclose the relationship as provided herein. Such disclosure shall
be made in writing to the Village Manager and shall be made at the
earliest opportunity following the date upon which such a municipal
officer or employee first learns or has knowledge of the application.
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 or promoting, discharging, 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.
Notwithstanding
any other provision of this chapter, members of the Village Board
of Trustees and all paid Village employees, including the Village
Attorney, shall not serve concurrently as a district leader, officer
or part of the nominating process for endorsing candidates for Village
office for any partisan political party which engages in political
campaigning or electioneering within the Village.
[Added 5-15-2023 by L.L. No. 3-2023]
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his/her/their 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/her/their official powers and duties.
A.
No municipal 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 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 $75 or more when:
(1)
The gift reasonably appears to be intended to influence the officer
or employee in the exercise or performance of his/her/their official
powers or duties;
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his/her/their 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.
Presumption of influence, reward.
(1)
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his/her/their 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 municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as a municipal
officer or employee, is the primary motivating factor for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques 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 valued at $15 per event 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.
A.
The Village Manager must promptly cause a copy of this code, and
a copy of any amendment to this code, to be posted publicly and conspicuously
in each building under the municipality'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 Village Manager must promptly cause a copy of this code, including
any amendments to the code, to be distributed to every person who
is or becomes an officer and employee of the Village of Ardsley.
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.
Such acknowledgments must be filed with the Village Clerk who must
maintain such acknowledgments as a public record.
D.
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.
A.
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.
B.
A charge for violating a provision of this code shall be brought
by the Village Manager. If the charge is against the Village Manager,
such charge shall be brought by the Board of Trustees.
C.
For employees entitled to be disciplined pursuant to the New York
Civil Service Law, a charge for violating a provision of the code
shall be adjudicated in accordance with the New York Civil Service
Law. All other such charges shall be heard by the Village Manager.
If any section, subsection, clause, phrase or other portion
of this Code of Ethics is, for any reason, declared invalid, in whole
or in part, by any court, agency, commission, legislative body or
other authority of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent portion. Such declaration shall
not affect the validity of remaining portions hereof, which other
portions shall continue in full force and effect.
This chapter shall be effective immediately upon filing with
the Secretary of State of the State of New York.
