[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 12-14-1970
(Ch. 22 of the 1968 Code of the Village of Lindenhurst). Sections 10-2 and
10-3A, I, J, K and L amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
Pursuant to the provisions of § 806 of the General Municipal
Law, the Village Board of the Village of Lindenhurst 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 Lindenhurst. These rules shall serve
as a guide for official conduct of the officers and employees of the Village
of Lindenhurst. 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.
As used in this Code of Ethics, the following terms shall have the meanings
indicated:
- INTEREST
- A pecuniary or material benefit accruing to:
- A. A municipal officer or employee.
- B. A municipal officer's or employee's spouse, minor children and dependents.
- C. A firm, partnership or association of which such officer or employee is a member or employee.
- D. A corporation of which such officer or employee is an officer, director or employee.
- E. A corporation any stock of which is accrued or controlled, directly or indirectly, by such officer or employee.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the Village of Lindenhurst, whether paid or unpaid, including members of any administrative board, commission 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, except a fire chief or municipal fire chief.[1]
Every officer or employee of the Village of Lindenhurst shall be subject
to and abide by the following standards of conduct:
A.
Gifts.[1]
(1)
He shall not, directly or indirectly, solicit any gift,
whether in the form of money, services, loan, travel, entertainment, hospitality,
thing or promise or any other form, under circumstances in which it could
reasonably be inferred that the gift was intended to influence him, or could
reasonably be expected to influence him, in the performance of his official
duties or was intended as a reward for any official action on his part.
(2)
He shall not, directly or indirectly, accept or receive
any gift having a value of $25 or more, whether in the form of money, services,
loan, travel, entertainment, hospitality, thing or promise or any other form,
under circumstances in which it could reasonably be inferred that the gift
was intended to influence him, or could reasonably be expected to influence
him, in the performance of his official duties or was intended as a reward
for any official action on his part.
B.
Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or use such
information to further his personal interest.
C.
Representation before one's own agency. He shall
not receive or enter into any agreement, express or implied, for compensation
for services to be rendered in relation to any matter before any municipal
agency of which he is an officer, member or employee or of any municipal agency
over which he has jurisdiction or to which he has the power to appoint any
member, officer or employee.
D.
Representation before any agency for a contingent fee.
He shall not receive or enter into any agreement, express or implied, for
compensation for services to be rendered in relation to any matter before
any agency of his municipality whereby his compensation is to be dependent
or contingent upon any action by such agency with respect to such matter,
provided that this subsection shall not prohibit the fixing at any time of
fees based upon the reasonable value of the services rendered.
E.
Disclosure of interest in legislation. To the extent
that he knows thereof, a member of the Village Board and any officer or employee
of the Village of Lindenhurst, whether paid or unpaid, who participates in
the discussion or gives official opinion to the Village Board on any legislation
before the Village Board shall publicly disclose on the official record the
nature and extent of any direct or indirect financial or other private interest
he has in such legislation.
F.
Investments in conflict with official duties. He shall
not invest or hold any investment, directly or indirectly, in any financial,
business, commercial or other private transaction which creates a conflict
with his official duties.
G.
Private employment. He shall not engage in, solicit,
negotiate for or promise to accept private employment or render services for
private interests when such employment or services create a conflict with
or impair the proper discharge of his official duties.
H.
Future employment. He shall not, after the termination
of service or employment with such municipality, appear before any board or
agency of the Village of Lindenhurst in relation to any case, proceeding or
application in which he personally participated during the period of his service
or employment or which was under his active consideration.
I.
Disclosure of interest in building concerns. Every member
of the Village Board, Board of Zoning Appeals, Planning Board and any other
public official, whether elected or appointed, shall publicly disclose on
the official record the nature and extent of any direct or indirect interest
in a construction business or concern involved with the improvement, alteration
or development of real property located within the Village of Lindenhurst
and/or any interest he or his spouse may have in real property located in
the Village of Lindenhurst, whether or not the ownership of the same is in
an individual, assumed or corporate name (except for single-family residences
where no change of zone or variance has been involved), and said disclosure
shall be made annually every year on the first Monday in April and shall cover
the period dating back for a period of five years from the date of the disclosure.
The disclosure statement shall contain the following information:
[Added 1-10-1974[2]]
(1)
The date of the transaction.
(2)
A description of the property.
(3)
The amount received as a fee, commission or gratuity
and whether it was in the form of money, stock or any other remuneration.
(4)
Who participated or shared in said fee or commission.
(5)
The name of the purchaser and the seller.
(6)
Whether or not the official or his spouse at that time
or at the present time was a duly licensed real estate broker of the State
of New York.
(7)
Whether or not the official or his spouse owned an interest
in said property, either legal or equitable. (If answered in the negative,
the facts which form the basis for sharing in said commission or fee shall
be set forth.) The official shall set forth whether or not said real property
had been affected by any change in the Zoning Map[3] and Zoning Code[4] of the Village of Lindenhurst and/or whether said real property
has been the subject of any request for a variance of any kind dating back
for a period of five years.
J.
Zoning. Every member of the Village Board, Board of Zoning
Appeals, Planning Board and any other public official, whether elected or
appointed, shall publicly disclose on the official record whether or not he
or his spouse has shared in, received or participated, directly or indirectly,
in any way, by virtue of fee, commission, gratuity or otherwise, any change
of zone or any real estate transaction in the Village of Lindenhurst dating
back for a period of five years. If the answer is in the affirmative, the
official is to set forth the following:
[Added 1-10-1974[5]]
(1)
The description of the property.
(2)
The amount received as a fee, commission or gratuity.
(3)
Who received or participated in said fee or commission.
(4)
The date of the change in the zoning.
(5)
The owner of said property at the time of said change.
(6)
What was the zoning prior to and subsequent to the granting
of the change of zone.
(7)
The market value prior to and market value subsequent
to said change of zone.
(8)
The name of the applicant and the representative who
presented the application.
K.
Litigation. Every member of the Village Board, Board
of Zoning Appeals, Planning Board and any other public official, whether elected
or appointed, shall publicly disclose on the official record whether or not
he or his spouse has received, shared in or participated, directly or indirectly,
by gratuity or otherwise, in any fee or settlement in which the village was
a litigant dating back for a period of five years. If the answer is in the
affirmative, the following shall be disclosed:
[Added 1-10-1974[6]]
(1)
If litigation has been instituted, the date, caption,
court calendar and index number, when possible.
(2)
If the matter had not gone to litigation, whether or
not the lawsuit had been settled in claim or prior to trial, the name of the
parties and the date of settlement.
(3)
In the event that the village was not a plaintiff, the
name and address of the plaintiff's attorney shall be stated and the
amount he received as a fee and the amount received as a fee or commission
by gratuity or otherwise.
(4)
Who received or participated in said fee or commission.
If related, how related.
(5)
If the official or his spouse is licensed as an attorney
and counselor at law pursuant to the laws of the State of New York.
L.
Variance and special exceptions. Every member of the
Village Board, Board of Zoning Appeals, Planning Board and any other public
official, whether elected or appointed, shall publicly disclose on the official
record whether or not he or his spouse has shared in, received or participated,
directly or indirectly, in any way, by virtue of fee, commission, gratuity
or otherwise, any variance of any real property in the Village of Lindenhurst
dating back for a period of five years. If the answer is in the affirmative,
the official is to set forth the following:
[Added 1-10-1974[7]]
(1)
The description of the property (street description).
(2)
The amount received as a fee, commission or gratuity.
(3)
Who received or participated in said fee or commission.
(4)
The date of the variance.
(5)
The owner of said property at the time of said variance.
(6)
What was the status prior to and subsequent to the granting
of the variance.
(7)
The market value prior to and market value subsequent
to said variance.
(8)
The name of the applicant and the representative who
presented the application.
Nothing herein shall be deemed to bar or prevent the timely filing by
a present or former municipal officer or employee of any claim, account, demand
or suit against the Village of Lindenhurst or any officer or employee thereof
on behalf of himself or any member of his family arising out of any personal
injury or property damage or for any lawful benefit authorized or permitted
by law.
The Mayor of the Village of Lindenhurst shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the village within
30 days after the effective date of this chapter. Each officer and employee
elected or appointed thereafter shall be furnished a copy before entering
upon the duties of his office or employment.
[Amended 5-2-1989 by L.L. No. 4-1989]
There is hereby established a Board of Ethics consisting of at least
three members to be appointed by the Village Board, who shall serve without
compensation and at the pleasure of the Village Board. A majority of such
members shall be persons other than officers or employees of the Village of
Lindenhurst, but they shall include at least one member who is an elected
or appointed officer or employee of the Village of Lindenhurst.
The Board of Ethics shall have the powers and duties prescribed by Article
18 of the General Municipal Law and shall render advisory opinions to the
officers and employees of the Village of Lindenhurst with respect to Article
18 of the General Municipal Law and any Code of Ethics adopted pursuant to
such Article, under such rules and regulations as the Board may prescribe.
In addition, the Board may make recommendations with respect to the drafting
and adoption of a Code of Ethics or amendments thereto upon request of the
Village Board.
In addition to any penalty contained in any other provision of law,
any person who shall knowingly and intentionally violate any of the provisions
of this code may be fined, suspended or removed from office or employment,
as the case may be, in the manner provided by law.
