[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor 2-6-1997 by L.L. No. 1-1997; amended in its entirety 6-21-2007 by L.L. No. 5-2007. Subsequent amendments noted where applicable.]
It is the policy of the Village of Briarcliff Manor and the purpose of this chapter to establish standards and guidelines for the ethical conduct of its officials, employees, and consultants. Though assurance of such conduct will continue to rest primarily on personal integrity and community vigilance, these standards are another step toward ensuring:
A. 
The highest caliber of public administration for the Village;
B. 
Government decisions are arrived at impartially and free of any conflict of interest between any private interest and a Village official, employee, or consultant's proper discharge of his or her official duties;
C. 
Public confidence in Village government; and
D. 
Protection of Village officials, employees, and consultants from unwarranted assaults on their integrity by separating real conflict from the inconsequential.
As used in this chapter, the following terms shall have the meanings indicated:
ACT IN AN OFFICIAL CAPACITY
Any legislative, administrative, quasi-judicial, appointive, or discretionary act of an official, employee, or consultant of the Village.
CONSULTANT
Any person or entity, other than a Village official or employee, who is compensated by the Village for providing advisory services to the Village, its boards, courts, commissions, districts, departments, committees, or other agencies.
FAMILY MEMBER
Any spouse, child, parent, or sibling of a Village employee, official, or consultant; person who is financially dependent on a Village employee, official, or consultant; or person on whom a Village employee, official, or consultant is financially dependent.
PERSON or ENTITY
Any individual, business proprietorship, corporation, partnership, association, venture, individual in representative or fiduciary capacity, estate, trust, or other entity.
PRIVATE INTEREST
A participation, connection, or involvement of any sort which may result in a direct pecuniary or material benefit. For the purposes of this chapter, the private interests of a Village official, employee, or consultant shall be deemed to include the private interests of:
A. 
A family member.
B. 
Any person or entity, other than a bank, trust company, or other lending institution, with whom he or she has a substantial debtor-creditor or other financial relationship.
C. 
Any person or entity by whom he or she is employed or of which he or she is an officer, director, or member.
D. 
Any person or entity of which the stock or other legal or beneficial ownership is owned by the official, employee, or consultant; provided, however, that if the business dealings of such person or entity with the Village form an insubstantial part of such person's or entity's total business dealings, then this definition shall only apply to such person or entity if the Village official, employee or consultant owns more than 5% of the stock or other legal or beneficial ownership of such person or entity. Regardless of the percentage of ownership, however, any such interest shall be disclosed by the official, employee or consultant in accordance with § 27-4 of this chapter.
TRANSACTION
Any activity, application, or proceeding which requires or may require an act by an official, employee, or consultant of the Village in his or her official capacity.
VILLAGE
The Village of Briarcliff Manor and all of its boards, courts, commissions, districts, departments, committees, and other agencies.
VILLAGE OFFICIAL OR EMPLOYEE
Any officer or employee of the Village and any member of any of its boards, courts, commissions, districts, departments, committees, or other agencies, whether full- or part-time, whether compensated or not. No person shall be deemed to be a Village official or employee solely by reason of being a volunteer fire fighter or civil defense volunteer, except a Fire Chief or Assistant Fire Chief.
A. 
No Village official, employee, or consultant shall represent or advocate any private interests (other than himself or herself) before the Village or in any transaction with the Village.
B. 
No Village employee, official, or consultant shall participate in the consideration of, vote on, administer or act in an official capacity in connection with a transaction in which he or she has a private interest.
C. 
No Village employee, official, or consultant shall participate in the consideration of, vote on, administer or act in an official capacity in connection with a transaction in which he or she or any family member is or has been an employee, consultant, agent, representative, official, or fiduciary of the applicant before the Village within the prior 12 months.
D. 
Except as otherwise permitted by General Municipal Law Article 18, no Village official or employee shall, directly or through a person or entity of which he or she or his or her family member has any direct or indirect private interest, sell goods or services (other than through employment) to or engage in any business transaction with the Village.
E. 
No Village official, employee or consultant shall engage in any business or profession or accept private employment or render any service for private interests which creates a conflict with that official, employee, or consultant's official duties. For a period of 12 months after the termination of his or her service, employment, or engagement with the Village, a former Village official, employee, or consultant shall not render services for private interests before the Village in relation to any matter with respect to which such former official, employee, or consultant personally participated in during his or her service, employment, or engagement with the Village, but this prohibition shall be personal to such former official, employee, or consultant and shall not affect the ability of his or her employer or any other person or entity with which he or she is affiliated from rendering services for private interests before the Village in relation to any such matter.
F. 
No Village official, employee or consultant shall directly or indirectly:
(1) 
Solicit any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form; or
(2) 
Accept any gift worth $75 or more.
G. 
No Village official, employee, or consultant shall permit the use of any Village property for personal convenience or profit or secure privileges or exemptions for himself or herself, or any family member, unless such activity is available to Village citizens generally or is provided as a matter of Village policy.
H. 
No Village official, employee, or consultant shall either:
(1) 
Use any information which he or she received in the course of his or her duties as a Village official, employee, or consultant to further the private interests of himself or herself or any other person or entity other than the Village unless that information is available to the public; or
(2) 
Disclose any information which he or she received in the course of his or her duties as a Village official, employee, or consultant unless either:
(a) 
That information is available to the public; or
(b) 
His or her disclosure of that information is in the course of his or her duties as a Village official, employee, or consultant.
I. 
No official or employee shall have a private interest, directly or indirectly, in any transaction, that will:
(1) 
Impair or reasonably may impair the proper discharge of his or her official duties; or
(2) 
Conflict with the proper discharge of his or her official duties.
J. 
No Village official, employee, or consultant shall knowingly acquire, solicit, negotiate, or accept any private interest, employment, or other thing of value which would result in a violation of this chapter.
A. 
Pursuant to New York General Municipal Law § 806, the Village Manager shall cause a copy of this Code of Ethics to be distributed to each official, employee, and consultant of the Village upon the adoption of this chapter and at the time of commencement of each person's service in each new capacity. Each official, employee, and consultant shall acknowledge, in writing, that he or she has received, read, and understood this Code of Ethics. Failure to distribute or receive such copy shall have no effect on the duty of compliance with such Code or on its enforcement.
B. 
Any Village official, employee, or consultant who has a direct or indirect private interest in any transaction under consideration by a board, court, commission, district, department, committee or agency of the Village or in any property which may be affected by such transaction, or whose family member has such a private interest, shall publicly disclose the nature and extent of that private interest on the record of the board, court, commission, district, department, committee, or agency before which such transaction is pending and shall file a copy of such disclosure with the Village Clerk. The Village Board shall review such disclosures in a timely manner.
C. 
Any applicant for a change of zoning, variance, special permit, site plan approval, subdivision, or other permission pursuant to the zoning and planning regulations of the Village shall disclose with the application the name, nature and extent of the private interest of any Village employee, official, or consultant in the application or in the applicant pursuant to New York General Municipal Law § 809.
A. 
There is hereby created a Board of Ethics which shall consist of five voting members appointed by the Village Board, all of whom shall be residents of the Village and shall serve without compensation for service on the Board. One member of the Board shall be an officer or employee of the Village, but no Village Justice, Village Attorney, or member of the Village Board shall be eligible to serve on the Board. The remaining voting members shall not be Village officials or employees. The Village Manager shall serve the Board in an ex officio, nonvoting capacity. The Village Manager also may serve as the Village official or employee voting member of the Board if he or she is appointed to that position by the Board of Trustees.
B. 
Each member of the Board of Ethics shall be appointed for a term of five years, except that of the members first appointed one shall be appointed for a term of one year; one for a term of two years; one for a term of three years; one for a term of four years; and one for a term of five years. The Village Board shall designate one member as Chairman of the Board of Ethics. A member appointed to fill a vacancy shall be appointed for the unexpired term of the member whom he or she is to succeed.
C. 
The Village Attorney shall serve as counsel to the Board of Ethics except when he or she shall recuse himself or herself in any matter in which it is determined that he or she has or may appear to have a conflict of interest. In the event that the Village Attorney has withdrawn from participation in any matter pursuant to this section, the Village Board shall provide the Board of Ethics with the services of substitute counsel at the request of the Board of Ethics or at the pleasure of the Village Board.
D. 
The Board of Ethics shall render advisory opinions to Village employees, officials, and consultants with respect to New York General Municipal Law Article 18 and this Code of Ethics.
(1) 
Such an advisory opinion shall be rendered upon:
(a) 
The written request of any two or more members of the Village Board;
(b) 
The written request of a Village official, employee, or consultant whose conduct is in question; or
(c) 
The written request of any member of the public which is signed and sworn and alleges facts which, if true, constitute a violation of any provision of New York General Municipal Law Article 18 or of this Code of Ethics. The Board shall summarily dismiss any request by a member of the public which is not signed and sworn, or which does not allege facts which, if true, constitute a violation of any provision of New York General Municipal Law Article 18 or of this Code of Ethics.
(2) 
Upon receipt of any such request, the Board of Ethics shall notify the Village official, employee, or consultant whose conduct is in question and provide him or her with a copy of the request in the case of a request of anyone other than himself or herself, shall seek clarification of any fact asserted or alleged, if necessary, shall prepare such an advisory opinion, and shall issue that advisory opinion to the Village official, employee, or consultant whose conduct is in question, the Village Board, and the Village Attorney. The Board shall issue its advisory opinion within 60 days of the date of its request, but the Board of Trustees may allow the Board additional time to issue its advisory opinion upon written request from the Board.
(3) 
Such advisory opinions of the Board of Ethics shall be for the guidance of the Village official, employee, or consultant whose conduct is in question, the Village Board, and the Village Attorney, and the Board of Ethics shall keep them confidential in accordance with § 27-8 and shall not disclose any portion of any such opinion to any person or entity other than the Village official, employee, or consultant whose conduct is in question, the Village Board, and the Village Attorney, but the Board of Ethics may disclose to the public that such an opinion has been issued, and the Board of Ethics shall disclose to any member of the public who has made a written request for an advisory opinion when that opinion has been issued. The Board of Ethics shall keep a record of its proceedings and opinions.
E. 
The Board of Ethics may prescribe rules and regulations governing its own internal organization and procedures in a manner consistent with this chapter and with the New York General Municipal Law.
F. 
The Board of Ethics shall have such other powers and duties as shall be conferred by the Village Board or pursuant to New York General Municipal Law Article 18.
The Village Board may appropriate moneys from the general Village funds for the maintenance of and for personnel services to the Board of Ethics, but such Board of Ethics may not commit the expenditure of Village moneys except within the appropriations provided, in its discretion, by the Village Board.
A. 
No existing right or remedy shall be lost, impaired, or affected by reason of this chapter; nor shall the validity of any action taken by any Village official, employee, or consultant under the law in force immediately prior to the effective date of this chapter be affected by the enactment hereof.
B. 
All Village officials, employees and consultants who, as a result of these revisions, are in violation of the duly adopted revised Code of Ethics are directed to comply with all of its stipulations and requirements within 60 days of the effective date of this chapter.
C. 
In the event of any conflict between any provision of this chapter and any provision of New York General Municipal Law Article 18, the more restrictive provision shall apply.
D. 
The invalidity of any word, section, clause, paragraph, sentence, part, or provision of this chapter shall not affect the validity of any part of this chapter which can be given effect without such invalid part or parts.
A. 
Subject to the requirements of Public Officers Law Article 6 regarding freedom of information and Article 7 regarding open meetings, all of the Board of Ethic's proceedings, deliberations, investigations, conclusions, and opinions shall be private and confidential and shall not be disclosed to any person or entity other than the Village official, employee, or consultant whose conduct is in question, the Village Board, and the Village Attorney, except that the Board of Ethics may disclose to the public the fact that it has issued an opinion on a particular matter and shall disclose to any member of the public who has made a written request for an opinion when that opinion has been issued.
B. 
Each member of the Board of Ethics shall maintain the confidentiality of the Board's proceedings, deliberations, investigations, conclusions, and opinions.
C. 
Subject to any limitation found in the Public Officers Law or any other law, either the Village official, employee, or consultant whose conduct is in question or the Village Board may release any Board of Ethics opinion to the public, and nothing contained in this Code of Ethics shall be construed to preclude any such disclosure by that Village official, employee, or consultant whose conduct is in question or by the Village Board.
Ordinance No. 173 of the Village of Briarcliff Manor, enacted November 5, 1970, is hereby repealed in its entirety.