[HISTORY: Derived from Ch. 10 of the 1978
Code, as amended by L.L. No. 3-1998. Subsequent amendments noted where applicable.]
[Amended 6-27-2013 by L.L. No. 6-2013]
Pursuant to the provisions of § 806
of the General Municipal Law, and the Municipal Home Rule Law of the
State of New York, the Board of Trustees of the Village of New Paltz
has adopted this Code of Ethics to set forth for the guidance of its
officers, employees and consultants the standards of conduct to be
reasonably expected of them if public confidence is to be maintained
in our unit of local government. The proper operation of the Village
government requires that its officers, employees and consultants be
impartial, unbiased and responsible to the people of the Village of
New Paltz; that public office should not be used for personal gain;
that public officers and employees maintain the highest standards
of integrity and discharge faithfully the duties of their office,
regardless of personal considerations; and that the public have confidence
in all Village officers and employees. It is the intent of this chapter
to promulgate these rules of ethical conduct for the officers and
employees of the Village of New Paltz. These rules shall serve as
a guide for official conduct of the officers, employees and consultants
of the Village and are intended to supplement, but not be in conflict
with, 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.
When used herein and unless otherwise expressly
stated or unless the context otherwise requires, the following terms
shall have the meanings indicated:
Any individual, group or firm which renders service on behalf
of the Village to any Village officer, the Board of Trustees, Planning
Board, Zoning Board of Appeals or any other Village agency or commission.
A spouse, minor child or other dependent residing in the
household of a municipal officer or employee.
Any direct or indirect pecuniary or material benefit accruing
to an officer or employee as a result of a business or a professional
transaction with the Village. For the purpose of this chapter, an
officer or employee shall be deemed to have a direct interest in the
affairs of:
His or her spouse, minor children and dependents.
A business concern, partnership, trust or association
of which such officer or employee and immediate family member are
members, partners, owners, directors or employees.
A corporation of which such officer or employee
is an officer, director or employee.
A corporation, any stock of which is owned or
controlled, directly or indirectly by such officer or employee or
any corporation in which such officer or employee or immediate family
member owns more than 5% of said stock.
The Mayor, Trustees and any other elected or appointed officer
or employee of the Village, whether paid or unpaid, including members
of the Planning Board, Zoning Board of Appeals, or any other administrative
advisory board, commission or other agency thereof. For the purpose
of this chapter, no person shall be deemed a Village officer or Village
employee solely by reason of being a volunteer fireman or a civil
defense volunteer.
The Village of New Paltz or any of its boards, commissions
or agencies, whether operated solely by the Village of New Paltz or
jointly with any other municipality.
[Amended 6-27-2013 by L.L. No. 6-2013]
Every municipal officer and employee of the
Village of New Paltz shall be subject to and abide by the following
standards of conduct:
A.
Gifts. No officer, employee or consultant of the Village
shall, directly or indirectly, solicit any gift or accept or receive
from a donor any gift having a value of more than $75 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 her or could reasonably be expected to influence him or her
in the performance of his or her official duties or was intended as
a reward for any official action on his or her part. The recipient
of any such gift or gratuity shall immediately return the same to
the giver and shall notify the Board of Ethics of the Village, in
writing, of this incident.
B.
Disclosure of confidential information. No officer,
employee or consultant of the Village shall disclose confidential
information acquired by him or her in the course of his or her official
duties or use such information to further his or her personal interests
or the private interest of others.
C.
Rendering of services. No municipal officer or employee
of the Village shall receive compensation, express or implied, with
respect to any matter which is, was or will be before him or her for
determination in his or her official capacity as a municipal officer
or employee of the Village. In addition, no municipal officer or employee
of the Village shall receive compensation or enter into any agreement,
express or implied, to receive compensation in relation to any matter
before any municipal agency, department, or board of commission, except
as a part of his or her official responsibilities to the agency, department,
board or commission, or as a function of the official position of
the municipal officer or employee.
D.
Use of public property. No officer, employee or consultant
shall request or permit the use of Village owned vehicles, equipment,
material, conference rooms or property for personal convenience or
profit, except when such services are available to the public generally
or are provided as municipal policy for the use of such officer or
employee in the conduct of official business.
E.
Use of position to achieve preferential treatment.
No officer or employee of the Village shall use or attempt to use
his or her official position to secure unwarranted privileges or exemptions
for himself or herself or others or grant any special consideration,
treatment or advantage to any citizen beyond that which is available
to every other citizen.
F.
Interest in appointments. Canvassing of members of
the Board of Trustees, directly or indirectly, in order to obtain
preferential consideration in connection with any appointment to the
municipal service shall disqualify the candidate for appointment,
except with reference to positions filled by appointment by the Board
of Trustees.
G.
Disclosure of interest in legislation or other matter
involving a conflict of interest.
(1)
Any Village officer, board member, employee or consultant
who has a direct or indirect financial or other private interest in
any matter before the Board of Trustees 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 the Board of Trustees or
any other board or commission on that matter shall publicly disclose
in the official record of the Board of Trustees or other board or
commission the nature and extent of such interest.
(2)
All Village officers, board members, department heads
and their supervisory assistants 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 on a form as
provided by the Village of New Paltz pursuant to this section. In
the event that a change occurs with respect to any of the information
required on the aforesaid 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. Failure to file the required disclosure statement or
any amendment thereto in a timely fashion shall be deemed a violation
of this chapter.
(3)
If any Village officer, board member, employee, or
consultant has an actual or potential conflict of interest in any
matter in which he or she encounters in the performance of his or
her official Village duties, he or she shall promptly 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 a true
conflict. In all cases of an actual or potential conflict, the Village
Board shall be made aware of the situation by the person in conflict
along with any other concerned parties.
H.
Investments or other interests in conflict with official
duties. No officer or employee of the Village shall invest or hold
any investment, directly or indirectly, in any financial, business,
commercial or other private transaction which creates a conflict with
his or her official duties.
I.
Private employment. No Village officer, board member,
employee or consultant shall accept other employment which will impair
his or her independence of judgment in the exercise of his or her
official Village duties.
J.
Future employment. No Village officer, employee or
consultant shall, after termination of service or employment with
the Village, appear before any board or agency of the Village of New
Paltz in relation to any case, proceeding or application in which
he or she personally participated during the period of his or her
service or employment or which was under his or her active consideration.
K.
Political activity. No municipal officer or employee
shall use his or her official position on behalf of any political
party, candidate, club, association, society or committee. Any municipal
officer or employee may be an officer in a political party, club,
association, society or committee or may work on behalf of a political
candidate. However, the employee shall disclose such participation
to the Board of Trustees. Notwithstanding, no municipal officer or
employee shall be exempt from any federal, state or local rules, regulations,
codes of conduct or other restrictions imposed by law.
L.
Representation by consultant. No Village consultant
shall appear on behalf of private interest before the Board of Trustees,
or any other Village Board or commission or agency thereof or actively
employed by the Village.
M.
Employment not affecting relationship with Village.
(1)
The provisions of this section shall not apply to
a contract with a person, firm or corporation or association in which
a Village officer or employee or immediate family member has an interest
which is prohibited solely by reason of employment as an officer or
employee thereof if the remuneration of such employment will not be
directly affected as a result of the contract and the duties of employment
do not directly involve the procurement, preparation or performance
of any part of the contract.
(2)
The provisions of this section shall not apply to
the participation by a Village officer or employee who, or whose immediate
family member, is employed by a department or agency of a federal,
state or county government if:
(a)
Such employment does not authorize the officer or
employee to advise, recommend, negotiate, approve or audit the matter
at hand;
(b)
The officer, if applicable, discloses the relationship
at a public session of the Board or commission on which he or she
serves when the matter at hand is being considered or the employee,
if applicable, discloses the relationship in writing to the Village
Clerk, who shall promptly furnish a copy thereof to each member of
the Board of Trustees; and
(c)
There is no benefit or determent to the officer or
employee or to the Village by reason of such participation.
N.
Tort claims permitted. Nothing contained in this section
shall be deemed to bar or prevent the timely filing by a present or
former officer or employee of any claim, account, demand or suit against
the Village or any agency thereof on behalf of himself or herself
or any member of his or her family arising out of personal injury
or property damage or for any lawful benefit authorized or permitted
by law.
When an officer or employee or consultant has
doubt as to the applicability of a provision of this Code of Ethics
to a particular situation, he or she should apply to the Board of
Ethics constituted for the implementation of this Code for an advisory
opinion and be guided by that opinion when given. The officer, employee
or consultant shall have the opportunity to present his or her interpretation
of the facts at issue and of the applicable provisions of the Code
before such advisory decision is made. This Code shall be operative
at all instances covered by its provisions except if superseded by
an applicable statutory provision.
The Clerk of the Village shall cause a copy
of the portions of Article 18 of the General Municipal Law applicable
in the Village and 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 municipal officer and employee elected
or appointed thereafter shall be furnished a copy of this Code before
entering upon the duties of his or her office or employment. The Clerk
shall obtain each municipal officer's and employee's signature acknowledging
receipt of this Code.
A.
There is hereby established a Board of Ethics of the
Village, consisting of five members, one of whom shall be a municipal
officer or employee and four of whom shall be persons other than a
municipal officer or employee. All members shall be appointed by the
Mayor with the consent of the Board of Trustees for a term of three
years, each term to expire at the end of the official Village year,
except that those first appointed, two shall be appointed for three
years, two shall be appointed for two years, and one shall be appointed
for one year. The Board of Ethics shall elect its own Chairman. Three
members of the Board shall constitute a quorum. A vote of at least
three members shall be required for the Board to take any action.
The Village Attorney shall provide such legal and advisory services
to the Board of Ethics as it may require in the performance of its
duties. There shall be a recording secretary who shall be the clerk
of the Board in charge of its minutes, books and records.
[Amended 12-17-2003 by L.L. No. 7-2003]
B.
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 with respect to Article 18 of the General Municipal Law and this Code of Ethics. In addition, the Board may make recommendations with respect to the drafting and adoption of amendments to this Code of Ethics thereto upon request of the Board of Trustees. The Board shall also have the responsibility to review disclosure statements filed pursuant to § 24-3G(2) of this chapter.
C.
The Board of Ethics shall convene at such times as
may be necessary. The Board of Ethics may adopt rules and regulations
relative to the conduct of its business, but may only render advisory
opinions subject to these limitations:
(1)
Requests shall be in writing;
(2)
Requests or inquiries must originate with a municipal
officer or employee; a resident of the Village of New Paltz 18 years
or older; or an owner or officer of a business operating within the
Village of New Paltz. In the event the request or inquiry originates
with a resident or business owner, such request or inquiry shall be
accompanied by proof of residency or business operation within the
boundaries of the Village of New Paltz, as the case may be, and, in
the case of a business, shall also provide proof that the person making
the request or inquiry is an owner, officer, or authorized agent of
such business, all to the satisfaction of the Village Clerk;
[Amended 6-27-2013 by L.L. No. 6-2013]
(3)
Requests or inquiries must relate to the conflict
of interest law or Code of Ethics; and
(4)
The opinion must be approved as to legal sufficiency
by the Village Attorney.
D.
Pursuant to the authority granted to the Board of
Trustees by § 22 of the Public Officers Law, the provisions
of Subdivision 3 of § 808 of the General Municipal Law of
the State of New York, to the extent that such provides that members
of the Board of Ethics serve at the pleasure of the appointing authority,
are hereby superseded.
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 of Ethics may be fined,
suspended or removed from office or employment, as the case may be,
in the manner provided by law.
If any clause, sentence, paragraph, word or
section or part of this Code of Ethics shall be adjudged by any court
of competent jurisdiction to be unconstitutional, illegal, or invalid,
such judgments shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, word, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
