[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:
Any legislative, administrative, quasi-judicial, appointive, or discretionary
act of an official, employee, or consultant of the Village.
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.
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.
Any individual, business proprietorship, corporation, partnership,
association, venture, individual in representative or fiduciary capacity,
estate, trust, or other entity.
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 family member.
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.
Any person or entity by whom he or she is employed or of which he or
she is an officer, director, or member.
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.
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.
The Village of Briarcliff Manor and all of its boards, courts, commissions,
districts, departments, committees, and other agencies.
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.
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:
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.
