[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).
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:
A pecuniary or material benefit accruing to:
A municipal officer or employee.
A municipal officer's or employee's spouse,
minor children and dependents.
A firm, partnership or association of which
such officer or employee is a member or employee.
A corporation of which such officer or employee
is an officer, director or employee.
A corporation any stock of which is accrued
or controlled, directly or indirectly, by such 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.
[Amended 6-16-1992 as L.L. No. 2-1992]
Every officer or employee of the Village of
Lindenhurst shall be subject to and abide by the following standards
of conduct:
A.
Gifts.
[Amended 6-16-1992 as L.L. No. 2-1992]
(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; amended 6-16-1992 as L.L. No. 2-1992]
(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[1] and Zoning Code[2] 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; amended 6-16-1992 as L.L. No. 2-1992]
(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; amended 6-16-1992 as L.L. No. 2-1992]
(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; amended 6-16-1992 as L.L. No. 2-1992]
(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.
