For the purposes of this chapter, the following
terms shall have the meanings indicated:
Grandparents, parents, spouse, in-laws, children, grandchildren,
brothers and sisters of a Village officer, Village Board member, Village
employee or Village consultant.
Any claim, account or demand against or agreement with the
Village, express or implied, including designation of a depository
of public funds and the designation of an official newspaper, and
direct or indirect pecuniary or material benefit accruing to an officer
or employee as the result of a business or professional transaction
with the Village. For the purposes of this chapter, an officer or
employee shall be deemed to have a direct interest in the affairs
of:
A.
His or her spouse, minor children, dependents and
family members;
B.
A business concern, partnership, trust or association
of which such officer or employee and family member, is a member,
partner, owner, director or employee;
C.
A corporation of which such officer or employee is
an officer, director or employee; and
D.
VILLAGE
VILLAGE BOARD MEMBER OR VILLAGE EMPLOYEE
VILLAGE CONSULTANT
A corporation, any stock of which is owned or controlled
directly or indirectly by such officer or employee or any such corporation
in which such officer or employee or family member owns more than
5% of said stock.
The Village of Monroe or any of its boards, commissions or
agencies, whether operated or funded solely by the Village of Monroe
or jointly with one or more other municipalities.
Any elected or appointed official or any employee of the
Village, whether paid or not, including members of any administrative
advisory board, commission or other agency thereof, including, but
not limited to, the Planning Board and Zoning Board of Appeals. For
the purpose of this chapter, no person shall be deemed a Village officer
or Village employee solely by reason of being a volunteer in any service
organization, including, but not limited to, volunteer firemen or
employed by the Village as the result of a contractual agreement.
"Village employee" shall be deemed to include the Village Attorney,
Planning Board Attorney and Zoning Board Attorney.
Any individual, group or firm which renders services on behalf
of the Village to any Village officer, the Village Board, Planning
Board, Zoning Board of Appeals or any other Village agency, board
or commission.
A.
Employment.
(1)
No Village officer, Village Board member, Village
employee or Village consultant shall have, of hereafter incur, any
interest, financial or otherwise, direct or indirect, or engage in
any business or transaction or professional activity or incur any
obligation of any nature which is in conflict with or might reasonably
tend to conflict with the proper discharge of his/her duties in the
public interest.
(2)
No Village Board member, Village officer, Village
employee or Village consultant shall accept other employment which
will impair his/her independence of judgment in the exercise of his/her
official Village duties.
(3)
No Village officer, Village Board member or Village
employee shall 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/her official duties.
B.
Disclosure of confidential information.
(1)
No Village Board member, Village officer, Village
employee or Village consultant shall accept employment or engage in
a business or professional activity which will require him/her to
disclose confidential information gained by reason of official position
or authority.
(2)
No Village officer, Village Board member or Village
employee of the Village shall disclose confidential information acquired
by him/her in the course of his/her official duties or use such information
to further his/her personal interests or the private interests of
others.
C.
Misuse of authority. No Village Board member, Village
officer, Village employee or Village consultant shall use or attempt
to use his/her official position to secure unwarranted privileges
or exemptions for himself/herself or others.
D.
Misuse of privilege. No Village Board member, including
the Mayor, Village officer, Village employee or Village consultant
shall, by his/her conduct, give reasonable basis for the impression
that another can improperly influence him/her or unduly enjoy his/her
favor in the performance of his/her official duties or that he/she
is affected by kinship, rank, position or influence of any party or
person.
E.
Compensation. No Village officer, Village Board member
or Village employee or family member thereof or Village consultant
of the Village, as defined in this chapter, shall receive compensation
or enter into any agreement to receive compensation, express or implied,
with respect to any matter which is, was or may be presented to the
Village for determination in the official capacity of any Village
officer, Village Board member or Village employee of the Village of
Monroe. In addition, no Village officer, Village Board member or Village
employee or family member thereof or Village consultant of the Village
of Monroe shall receive compensation or enter into any agreement,
express or implied, to receive compensation in relation to any matter
before any municipal agency, department, board or commission, except
as a part of the official responsibilities of the members of the agency,
department, board or commission or as a function of the official position
of the Village officer, Village Board member or Village employee or
Village consultant.
F.
Gifts. No Village Board member, Village officer, Village
employees or Village consultant shall accept any gifts or gratuities
in excess of $50 in value in any way relating to his/her official
duties. The recipient of such gift or gratuity shall immediately return
the same to the giver and shall notify the Village of Monroe Board
of Ethics, in writing, of this incident.
G.
Investments.
(1)
The Mayor, Village Board members, Village officers,
Village employees and Village consultants shall abstain from enterprises
which he/she has reason to believe may be directly involved in decisions
to be made or advice to be given by him/her or which will otherwise
create substantial conflict between his/her duty in the public interest
and his/her private interest.
(2)
No Village officer, Village Board member or Village
employee or Village consultants of the Village of Monroe shall invest
or hold any investment directly or indirectly in any financial, business,
commercial or other private transaction which creates a conflict with
his/her official duties.
H.
Business transactions. No Village Board member, Village
officer, Village employee or Village consultant shall engage in any
transaction as a representative of the Village of Monroe or a Village
of Monroe agency, board or department or other office with any business
entity in which he/she or any family member has a direct or indirect
financial interest that might reasonably tend to conflict with the
proper discharge of his/her official duties.
I.
Future employment. No Village Board member, Village
officer, Village employee or Village consultant shall, within one
year after the termination of his/her service, accept employment which
will require appearances before any board, agency or commission of
the Village of Monroe or conduct any official Village business, transactions
or professional activity, with any Village officer, Village Board
member, Village employee or Village consultant on any matter he/she
was directly concerned, had direct input, personally participated
in or which was under his/her active consideration during the period
of his/her service or employment.
J.
Discrimination. No Village officer, Village Board
member or Village employee of the Village or of any service or other
organization chartered by or directly or indirectly sponsored or supported
by the Village shall:
(1)
Discriminate or cause voluntary segregation, directly
or indirectly, based upon creed, color, national origin, sex or sexual
preference or allow the preceding to be factors affecting the recruitment,
selection, placement, assignment compensation or promotion of any
Village officer, Village employee or Village Board member of such
service or other organization.
K.
Representation by consultants/attorneys. No Village
consultant or attorney shall appear on behalf of private interests
before the Village Board or any commission or agency (including the
Village/Town Justice Court) thereof while actively employed by the
Village. The Village Board, acting as the Village of Monroe Board
of Ethics, may grant or deny an exemption from this section upon application.
This provision may be waived by the submission of the Village Attorney
of an advisory opinion from the District Attorney's office or the
presiding Justice of the local court that his/her representing of
private interests before the court does not constitute a conflict
of interest.
A.
Any Village officer, Village Board member or Village
employee or Village consultant who has a direct or indirect financial
or other private interest in any matter before the Village Board or
any other board or commission of the Village, or any officer or employee
who has a direct or indirect financial or other private interest in
any matter before the Village Board or any other board or commission
of the Village and who participates in the discussion before, makes
a recommendation to or gives an opinion to any board or commission
on that matter shall publicly disclose on the official record of the
Village Board the nature and extent of such interest.
B.
All elected and appointed officials, department heads
and their assistants and Planning Board and Zoning Board of Appeals
members and all Village consultants are required, within 30 days of
taking office or within 30 days of the effective date of this chapter,
to file a disclosure statement, in writing, to the Village Clerk,
disclosing all land holdings in the Village of Monroe and all land
holdings in the Town of Monroe, including any villages within the
Town of Monroe, whether held personally, by a spouse, by a dependent,
jointly with a spouse or other family members as defined in this chapter,
jointly in partnership with others, as a corporation or trust and
the name of any partnership with others, or as a corporation or trust
and the name or any partnership, corporation or trust of which he
or she or a family member is an officer, director or employee, or
of which he or she, or a family member, spouse, legally or beneficially
owns or controls more than 5% of the outstanding stock or interest,
and his or her position, and his or her or family members' position,
if any, with the partnership, corporation or trust.
C.
In the event that a change occurs with respect to
any of the information required on the aforesaid confidential disclosure
statement, the party required to file such a statement shall file
an amended statement reflecting any such change in circumstances within
60 days from the date thereof, unless requested by the Board of Ethics
to do so sooner, in which case, such amended statement shall be filed
within 10 days of the request for the same.
If any Village Board member, village officer,
village employee or village consultant has a potential or actual conflict
of interest in any matter which he/she encounters in the performance
of his/her official village duties, he/she shall make known to all
concerned parties the nature of such conflict and shall refrain from
any participation whatsoever in the matter so as to avoid true conflict.
In all cases of potential or actual conflict, the Village Board shall
be made aware of the situation by the person in conflict along with
any other concerned parties.
