[HISTORY: Adopted by the Board of Trustees
of the Village of Thomaston 5-13-1996 by L.L. No. 8-1996. This local
law repealed former Ch. 19, Ethics, Code of, adopted 7-14-1980 by
L.L. No. 19-1980 as Ch. 9, Art. I, of the 1980 Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Disclosure — See Ch. 80.
A.
The purpose of this chapter is:
(1)
To establish high standards of ethical conduct for
officers and employees of the village.
(2)
To afford officers and employees of the village clear
guidance on such standards.
(3)
To promote public confidence in the integrity of the
governance and administration of the village and its agencies and
administrative offices.
(4)
To require public disclosure of financial interests
that may influence or be perceived to influence the actions of village
officers and employees, to facilitate consideration of potential ethical
problems before they arise, minimize unwarranted suspicion and enhance
the accountability of government to the people.
(5)
To provide for the fair and effective administration
of this chapter.
B.
This chapter is enacted pursuant to General Municipal
Law § 806 and Municipal Home Rule Law § 10. This
chapter is not intended to authorize any conduct prohibited by Article
18 of the General Municipal Law or any conduct prohibited by any other
general or special law of the State of New York.
A.
General prohibition. No village officer or employee
shall use an official position or office, nor take or fail to take
any action, in a manner which such officer or employee knows or has
reason to know may result in a personal financial benefit for any
of the following persons:
(1)
The village officer or employee;
(2)
Any employer or business of such officer or employee;
(3)
A member of the household of such officer or employee;
(4)
A customer or client of such officer or employee;
(5)
A relative of such officer or employee; or
(6)
A person from whom the officer or employee has received
election campaign contributions of more than $500 in the aggregate
during the past 12 months.
B.
Recusal. A village officer or employee shall promptly recuse himself or herself from acting on a matter before the village, or any board or agency of the village, when acting on the matter or failing to act on the matter may financially benefit any of the persons listed in Subsection A of this section.
C.
Gifts. No village officer or employee shall solicit
or accept, directly or indirectly, any money, gratuity, gift or any
other thing of value from any person whom such officer or employee
knows or has reason to know is seeking, is about to seek, or has sought
or received, within the previous 12 months, a financial or other benefit
from the village. No village officer or employee shall solicit or
accept, directly or indirectly, any money, gratuity, gift or any other
thing of value from any village resident, except compensation paid
to such officer or employee from the Village of Thomaston.
[Amended 4-2-2001 by L.L. No. 3-2001]
D.
Representation. No village officer or employee shall
represent any other person in any matter before the village nor represent
any other person in any matter against the interests of the village.
E.
Appearances. No village officer or employee shall
appear before any agency of the village, except on such officer or
employee's own behalf or as authorized by law on behalf of the village.
F.
Confidential information. No present or former village
officer or employee shall disclose any confidential information obtained
by virtue of such person's official position as an officer or employee,
nor use such information to further the interests of any person.
G.
Political solicitation. No village officer or employee
shall knowingly request or authorize anyone else to request any subordinate
of the officer or employee to participate in an election campaign
or contribute to a political committee.
H.
Revolving door.
(1)
No village officer or employee shall appear or practice
before the village, except on such officer or employee's own behalf,
nor receive compensation for working on any matter before the village,
for a period of one year after the termination of such person's term
of office or employment.
(2)
No village officer or employee shall appear or practice
before the village, or any of its boards or agencies, except on such
officer or employee's own behalf, or receive compensation for working
on any matter pending before the village, or any of its boards or
agencies, at any time if the matter was one on which the village officer
or employee personally worked while in village service, or which was
under the jurisdiction or authority of such village officer or employee.
I.
Avoidance of conflicts. No village officer or employee
shall knowingly acquire, solicit, negotiate for, or accept any interest,
employment or other thing of value which would put such person in
violation of this Code of Ethics.
J.
Inducement of others. No village officer or employee
shall induce or aid any other person to violate any of the provisions
of this Code of Ethics.
A.
Whenever a village officer or employee is required
to recuse himself or herself under the Code of Ethics set forth in
this chapter, such officer or employee shall:
(1)
Refrain from participating further in the matter.
(2)
Promptly inform the officer or employee's superior,
if any.
(3)
Promptly file with the Village Clerk a signed statement
disclosing the nature and extent of the prohibited action or, if a
member of a board, state that information upon the public record of
the board at the earliest opportunity.
A.
The provisions of this chapter shall not prohibit,
or require recusal or transactional disclosure as a result of:
(1)
An action specifically authorized by statute, rule
or regulation of the State of New York or of the United States.
(2)
A ministerial act.
(3)
Gifts:
(a)
Received by the village officer or employee from such
officer or employee's parent, spouse or child;
(b)
Received by the village officer or employee from any
person having an aggregate value of $75 or less during any twelve-month
period; or
(c)
Received by such officer or employee on behalf of
the village and transferred to the village.
(4)
Gifts or benefits having a value of $50 or less that
are received by a village officer or employee for the solemnization
of a marriage by that officer or employee at a place other than the
officer or employee's normal public place of business or at a time
other than such officer or employee's normal hours of business.
(5)
Awards from charitable organizations.
(6)
Receipt of village services or benefits, or use of
village facilities, that are generally available on the same terms
and conditions to residents or a class of residents in the village
to which the officer or employee belongs.
(7)
Representation of constituents by elected officials
without compensation in matters of public advocacy.
(8)
Appearing or practicing before the village or any
of its boards or agencies, or receiving compensation for working on
a matter before the village or any of its boards or agencies, after
termination of village service or employment where the officer or
employee performed only ministerial acts while working for the village.
A.
Prohibited interests. No village officer or employee
shall have an interest in a contract with the village, or an interest
in a bank or trust company, that is prohibited by § 801
of the General Municipal Law of the State of New York. Any contract
willfully entered into by or with the village in which there is an
interest prohibited by that section shall be null, void and wholly
unenforceable, to the extent provided by § 804 of that law.
B.
Discloseable interests. Any village officer or employee
who has, will have or later acquires an interest in any actual or
proposed contract with the village shall publicly disclose the nature
and extent of that interest in accordance with § 803 of
the General Municipal Law. The Village Clerk shall cause a copy of
that disclosure to be filed promptly with the Ethics Board.
C.
In addition to any other penalty provided or permitted
by law, any village officer or employee who willfully and knowingly
violates the provisions of this section shall be guilty of a misdemeanor,
to the extent provided by § 805 of the General Municipal
Law.
Unless otherwise stated or unless the context
otherwise requires, when used in this chapter the following terms
shall have the meanings indicated:
Communicating in any form, including, without limitation,
personally, through another person, by letter, or by telephone.
Any person to whom a village officer or employee has supplied
goods or services during the previous 24 months having, in the aggregate,
a value greater than $1,000 or any person to whom a village officer's
or employee's outside employer or business has supplied goods or services
during the previous 24 months having, in the aggregate, a value greater
than $1,000 but only if the officer or employee knows or has reason
to know the outside employer or business supplied the goods and services.
The Ethics Board of the village established pursuant to this
chapter.
Include any money, service, license, permit, contract, authorization,
loan, travel, entertainment, hospitality or any promise thereof or
any other gratuity or promise thereof or anything of value. A financial
transaction may be a "financial benefit" but shall not be a "gift"
unless it is on terms not available to the general public. "Gift"
and "financial benefit" do not include campaign contributions authorized
by law.
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
Includes:
Any activity, other than service to the village,
from which the village officer or employee receives compensation for
services rendered or goods sold or produced;
Any entity, other than the village, of which
the village officer or employee is a member, officer, director or
employee and from which such officer or employee receives compensation
for services rendered or goods sold or produced; or
Any entity in which the village officer or employee
has an ownership interest, except a corporation of which the village
officer or employee owns less than 5% of the outstanding stock.
For purposes of this definition, "compensation"
shall not include reimbursement for necessary expenses, including
travel expenses.
Includes both individuals and entities.
A spouse, child, stepchild, brother, stepbrother, sister,
stepsister, parent, stepparent or grandparent of the village officer
or employee, or a person claimed as a dependent on the village officer's
or employee's most recent individual federal or state income tax return.
Another village officer or employee over whose activities
such officer or employee has direction, supervision or control, except
those who serve in positions that are in the exempt classification
under § 41 of the Civil Service Law of the State of New
York or in unclassified service under Subdivisions (a) through (f)
of § 35 of that law.
The village, and any of its boards or agencies, but shall
not include the Village Justice Court.
Any officer or employee of the village, whether paid or unpaid,
and includes, without limitation, all members of any office, board,
body, advisory board, council, commission, agency, department, district,
administration, division, bureau or committee of the village. The
term "village officer or employee" shall not include:
A judge, justice, officer or employee of the
unified court system;
A volunteer fire fighter or civil defense volunteer,
when acting in such capacity; or
A member of an advisory board of the village
if the advisory board has no authority to implement its recommendations,
to act on behalf of the village or to restrict the authority of the
village to act.
A.
Except as provided in Subsection C(3) of this section, the outside employer or business of a village officer or employee shall not appear before the particular agency in which such officer or employee is employed or of which such officer or employee is a member.
B.
Except as provided in Subsection C(3) of this section, the outside employer or business of a village officer or employee shall not appear before any village agency if the village officer or employee has the authority to appoint any officer, employee or member of the agency or to review, approve, audit or authorize any budget, bill, payment or claim of the agency.
C.
Nothing in this section shall be construed to prohibit
the outside employer or business of a village officer or employee
from:
A.
Certain officers of the village shall be required
to file with the Ethics Board a signed annual disclosure statement.
Such statement shall be filed within 120 days after the effective
date of this section, and no later than May 15 of each year after
the first year in which any such filing was made or required.
B.
Changes in disclosed information. Within 30 days after
a change in the information contained in the most recently filed annual
disclosure statement filed pursuant to this section, an officer required
to comply with this section shall file a signed amendment to the statement
indicating the change.
C.
Contents of annual disclosure statement. The annual
disclosure statement shall disclose:
(1)
The location of any real property within the village,
or within one mile of the boundary of the village, in which the officer,
or such officer's relative, has a financial interest.
(2)
With respect to each outside employer or business
of the village officer:
(a)
Its name (if any).
(b)
The nature of its business.
(c)
Whether such employer or business is self-employment,
a sole proprietorship or an entity and, if an entity, what type of
entity.
(d)
The officer's relationship to such employer or business,
such as owner, partner, director, member, employee or shareholder.
(3)
With respect to each outside employer or business of the village officer's spouse, the information required by Subsection C(2)(b) of this subsection.
(4)
Good faith efforts. Failure to disclose the information
required by this section with respect to a village officer's spouse
or other relative shall not constitute a violation of this section
if the officer has made a good faith effort to obtain the information
and if such officer also sets forth a statement of those efforts in
the disclosure statement.
A.
Where a person requests the village or a village officer or employee to take or refrain from taking any action (other than a ministerial act) which may result in a financial benefit both to the requester and to either any officer or employee of the village or one of the other persons listed in § 19-2A of this chapter, the requester shall disclose the names of any such persons, to the extent known to the requester at the time of the request.
B.
If the request to take or refrain from action is made
in writing, the disclosure required by this section shall accompany
the request. If the request is oral and made at a meeting of a public
body, the disclosure shall be set forth in the public record of the
body. If the request is oral and not made at a meeting of a public
body, the disclosure shall be set forth in a writing filed with the
Village Clerk.
C.
In addition to the foregoing, every application, petition
or request submitted for a variance, amendment, change of zoning,
approval of a plat, exemption from a plat or official map, license
or permit, pursuant to the provisions of the zoning or planning regulations
of the village, shall include a sworn statement of the information
required by § 809 of the General Municipal Law of the State
of New York.
D.
In addition to any other penalties provided or permitted
by law, any person who willfully and knowingly violates the provisions
of this section shall be guilty of a misdemeanor, to the extent provided
by § 809 of the General Municipal Law.
Any contract or agreement entered into by or
with the village which results in or from a violation of any provision
of this chapter shall be void unless ratified by the village. Such
ratification shall not affect the imposition of any criminal or civil
penalties pursuant to this chapter or any other provision of law.
A.
Disciplinary action. Any village officer or employee
who engages in any action that violates any provision of this chapter
may be warned, reprimanded or suspended or removed from office or
employment, or be subject to any other sanction authorized by law
or by an applicable collective bargaining agreement, by the appointing
authority or person or body authorized by law to impose such sanctions.
A warning, reprimand, suspension, removal or other authorized sanction
may be imposed in addition to any other penalty contained in this
chapter or in any other provision of law.
B.
Civil fine. Any village officer or employee who violates any provision of this chapter may be subject to a civil fine not to exceed $1,500 for each violation. Such civil fine may be imposed by the Ethics Board and shall be in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to Subsection D of this section. Any such fine shall be payable to the village.
C.
Damages. Any person, whether or not a village officer or employee, who violates any provision of this chapter shall be liable in damages to the village for any losses or increased costs incurred by the village as a result of the violation. Such damages may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to Subsection D of this section.
D.
Civil forfeiture. Any person, whether or not a village officer or employee, who intentionally or knowingly violates any provision of this chapter may be subject to a civil forfeiture to the village of a sum equal to three times the value of any financial benefit such person received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in any other provisions of law or in this chapter, other than a civil fine pursuant to Subsection B or damages pursuant to Subsection C of this section.
E.
Misdemeanor. Any person, whether or not a village
officer or employee, who intentionally or knowingly violates any provision
of this chapter shall be guilty of a Class A misdemeanor and, upon
conviction thereof, if a village officer or employee, shall forfeit
such village office or employment.
F.
Debarment.
(1)
Any person, whether or not a village officer or employee, who intentionally or knowing violates any provision of this chapter shall be prohibited from entering into any contract with the village for a period not to exceed three years, as provided in § 19-21.
(2)
No person, whether or not a village officer or employee, shall enter into a contract in violation of a bar imposed pursuant to Subsection F(1) of this section.
(3)
Nothing in this section shall be construed to prohibit
any person from receiving a service or benefit, or from using a facility,
which is generally available to the public.
G.
A corporation, partnership or other entity shall not
be debarred pursuant to this section because of the actions of an
employee of such entity unless the employee acted in the execution
of company policy or custom. A store, region, division or other unit
of an entity shall not be debarred because of the actions of an employee
of that unit unless the employee acted at the direction, or with the
actual knowledge or approval, of the manager of the unit.
A.
Any resident, officer or employee of the village may
initiate an action or special proceeding, as appropriate, in the court
of appropriate jurisdiction for injunctive relief to enjoin an officer
or employee of the village from violating this chapter or to compel
an officer or employee of the village to comply with the provisions
of this chapter. In lieu of, or in addition to, injunctive relief,
the action or special proceeding, as appropriate, may seek a declaratory
judgment.
B.
No action or special proceeding shall be prosecuted or maintained pursuant to Subsection A of this section, unless the plaintiff or petitioner shall have filed with the Ethics Board a sworn complaint alleging the violation by the officer or employee, it shall appear by and as an allegation in the complaint or petition filed with the court that at least six months have elapsed since the filing of the complaint with the Ethics Board and that the Ethics Board has failed to file a determination in the matter and the action or special proceeding shall be commenced within nine months after the alleged violation occurred.
Within 90 days after the effective date of this chapter, and during the month of March in each year after the year in which this chapter becomes effective, the Village Clerk shall notify all village officers and employees who are required to file annual disclosure statements pursuant to § 19-8 of this chapter. In the event that any such statement is not filed within 60 days after such notification, the Village Clerk shall report such failure to file to the Ethics Board.
A.
The Village Clerk shall transmit promptly to the Ethics
Board each transactional and applicant disclosure statement filed
pursuant to this chapter.
B.
The Ethics Board shall index and maintain on file
for such period of time as may be required by law all disclosure statements
filed with the Board pursuant to this chapter.
A.
There is hereby established an Ethics Board consisting
of five members.
B.
No more than one member of the Ethics Board may be
an appointed officer or employee of the village. Ethics Board members
shall not be required to be residents of the village, but shall be
residents of the Town of North Hempstead.
[Amended 9-9-1996 by L.L. No. 13-1996]
C.
No member of the Ethics Board shall hold elective
office in the village. An Ethics Board member may make campaign contributions,
but may not participate in any election campaign, for any elected
office in the village.
D.
The term of office of members of the Ethics Board
shall be three official years, except that of the members first appointed
one member shall be appointed for one official year, two members shall
be appointed for two official years and two members shall be appointed
for three official years.
E.
An Ethics Board member shall serve until the successor
of such member has been appointed. No person shall serve more than
six consecutive years on the Ethics Board.
F.
The members of the Ethics Board shall not receive
compensation but shall be reimbursed for reasonable expenses incurred
in the performance of their official duties.
An Ethics Board member may be removed from office
in the same manner in which such member was appointed, after written
notice and opportunity for reply. Grounds for removal shall be failure
to meet the qualifications set forth in this chapter for members of
such Board, substantial neglect of duty, gross misconduct in office,
or inability to discharge the powers or duties of office or violation
of this chapter.
At its first meeting in each official year,
the Ethics Board shall elect a Chair from among its members. A majority
of the Board shall be required for the Board to take any action. The
Chair or a majority of the Board may call a meeting of the Board.
A.
The Ethics Board may act only with respect to officers
and employees of the village.
B.
The termination of a village officer's or employee's
term of office or employment with the village shall not affect the
jurisdiction of the Ethics Board with respect to the requirements
imposed on such officer or employee by this chapter.
C.
The Ethics Board shall have the following powers and
duties, in addition to those otherwise provided in this chapter:
(1)
To prescribe and promulgate rules and regulations
governing its own internal organization and procedures in a manner
consistent with this chapter.
(2)
To maintain on file disclosure statements filed with
the Board pursuant to this chapter.
(3)
To maintain on file, and determine, complaints filed
with the Board concerning the provisions of this chapter and to make
notifications and conduct investigations in furtherance thereof.
(4)
To conduct hearings and recommend disciplinary action
upon complaints properly before it and to impose penalties or fines
for violations of this chapter to the extent permitted in this chapter.
(5)
To render and maintain on file advisory opinions pursuant
to this chapter.
(6)
To prepare an annual report to the Board of Trustees
in May of each year and to review and recommend changes to this chapter
where appropriate.
The Ethics Board shall review all annual and
other disclosure statements made pursuant to this chapter to determine
whether any person required to file such a statement has failed to
file it, has filed a deficient statement or has filed a statement
that reveals a possible or potential violation of this chapter. If
the Board determines that a required disclosure statement has not
been filed, is deficient or reveals a possible or potential violation
of this chapter, the Board shall give appropriate written notice to
the person responsible to file such statement, which notice may include
a description of the penalties for such failure to file, incorrect
filing or possible or potential violation.
A.
Upon receipt of a sworn complaint by any person alleging
a violation of this chapter, or upon determining on its own initiative
that a violation of this chapter may exist, the Ethics Board shall
have the power and duty to conduct any investigation necessary to
carry out the provisions of this chapter. In conducting any such investigation,
the Ethics Board may administer oaths or affirmations, subpoena witnesses,
compel their attendance and require the production of any books or
records which it may deem relevant and material.
B.
The Ethics Board shall make a written disposition
of every sworn complaint it receives and of every investigation it
conducts, which disposition shall set forth the reasons for the disposition.
All such statements, sworn complaints and dispositions shall be maintained
on file by the Board.
C.
Any person filing a sworn complaint with the Ethics
Board shall be notified in writing of the disposition of the complaint.
D.
Nothing in this section shall be construed to permit
the Ethics Board to conduct an investigation of itself or of any of
its members or staff. If the Ethics Board receives a complaint alleging
that the Board or any of its members or staff has violated any provision
of this chapter or any other law, the Board shall promptly transmit
a copy of such complaint to the Board of Trustees.
A.
The Board shall conduct and complete hearings with
reasonable promptness and in accordance with due process procedural
requirements and any applicable provisions of law and collective bargaining
agreements.
B.
After completion of a hearing, the Board may, in its
discretion, recommend appropriate disciplinary action pursuant to
this chapter. Such recommendation shall be made to the Board of Trustees
and to the appointing authority or person or body authorized by law
to impose such discipline.
C.
In its discretion and after a hearing as provided
in this section, the Board may assess a civil fine, not to exceed
$1,500 for each violation, upon any municipal officer or employee
found by the Board to have violated this chapter and/or issue an order
of debarment against any person found to have violated any provision
of this chapter.
D.
Damages. The Board of Trustees may initiate an action
in the court of appropriate jurisdiction to obtain damages, as provided
in this chapter. Any such damages shall be in addition to any forfeiture,
debarment, penalty or fine imposed pursuant to this chapter.
E.
The village may initiate an action or special proceeding,
as appropriate, in a court of appropriate jurisdiction, to obtain
civil forfeiture, as provided in this chapter. Any such forfeiture
shall be in addition to any penalty, debarment, fine or damages imposed
pursuant to this chapter.
F.
The village may initiate an action or special proceeding,
as appropriate, in a court of appropriate jurisdiction, for an order
of debarment, as provided in this chapter. Any such debarment shall
be in addition to any penalty, damages, fine or forfeiture imposed
pursuant to this chapter.
G.
The village may initiate an action or special proceeding,
as appropriate, in a court of appropriate jurisdiction, for injunctive
relief to enjoin a violation of this chapter or to compel compliance
with this chapter.
A.
Upon written application and upon a showing of compelling need by the applicant, the Ethics Board may in exceptional circumstances grant the applicant a waiver of any of the provisions of Subsections A through I of § 19-2, § 19-3A(1), § 19-7, § 19-8 or § 19-9 of this chapter; provided, however, that no such waiver shall permit conduct otherwise prohibited by Article 18 of the General Municipal Law of the State of New York.
B.
Waivers shall be in writing and shall state the grounds
upon which they are granted. Within 10 days after granting a waiver,
the Ethics Board shall publish in the official newspaper designated
by the village a notice setting forth the name of the person requesting
the waiver and a general description of the nature of the waiver.
All applications, decisions and other records and proceedings relating
to waivers shall be indexed and maintained on file by the Ethics Board.
A.
Upon the written request of any village officer or
employee, the Ethics Board may render a written advisory opinion with
respect to the interpretation or application of this chapter or of
Article 18 of the General Municipal Law of the State of New York with
respect to the conduct or proposed conduct of any person. Any other
person may similarly request an advisory opinion but only with respect
to whether such person's own conduct might violate a provision of
this chapter or Article 18.
B.
Advisory opinions and requests for advisory opinions
shall be indexed and maintained on file by the Ethics Board.
C.
Any person aggrieved by an advisory opinion of the
Ethics Board may seek judicial review and relief pursuant to Article
78 of the Civil Practice Law and Rules of the State of New York.
D.
Any person who had submitted to the Ethics Board a
written request for an advisory opinion may bring a special proceeding
pursuant to Article 78 of the Civil Practice Law and Rules for an
order compelling the Ethics Board to issue the advisory opinion. In
addition to, or in lieu of, such injunctive relief, the person may
seek a judgment in accordance with § 3001 of the Civil Practice
Law and Rules determining the question posed in the request for the
advisory opinion. No action or special proceeding shall be prosecuted
or maintained pursuant to this subsection unless it shall appear by
and as an allegation in the petition or complaint that at least six
months have elapsed since the filing of the request and that the Ethics
Board has failed to file any determination in the matter and the action
or special proceeding shall be commenced within 10 months after the
submission of the request for the advisory opinion.
Any person aggrieved by a decision of the Ethics
Board may seek judicial review and relief pursuant to Article 78 of
the Civil Practice Law and Rules of the State of New York.
The Ethics Board shall:
A.
Make information concerning this chapter and Article
18 of the General Municipal Law available to the officers and employees
of the village, to the public and to persons interested in doing business
with the village.
B.
Develop educational materials and an educational program
for the officers and employees of the village with respect to the
provisions of this chapter and of Article 18 of the General Municipal
Law.
A.
The Ethics Board shall prepare and submit an annual
report to the Mayor and Board of Trustees, summarizing the activities
of the Board. The report may also recommend changes to the text or
administration of this chapter.
B.
The Ethics Board shall periodically review this chapter
and the Board's rules, regulations and administrative procedures to
determine whether they promote integrity, public confidence and participation
in village government and whether they set forth clear and enforceable,
common sense standards of conduct.
A.
Records of the Ethics Board shall be available for
public inspection as required by Article 6 of the Public Officers
Law of the State of New York or by some other state or federal law
or regulation.
B.
No meeting or proceeding of the Ethics Board concerning
misconduct, nonfeasance or neglect in office by a village officer
or employee shall be open to the public, except upon the request of
the officer or employee or as required by the provisions of Article
7 of the Public Officers Law or by some other state or federal law
or regulation.
A.
No existing right or remedy shall be lost, impaired
or affected by reason of this chapter.
B.
Nothing in this chapter shall be deemed to bar or
prevent a present or former village officer or employee from timely
filing any claim, account, demand or suit against the village on behalf
of such officer or employee or any member of such officer's or employee's
family arising out of personal injury or property damage or any lawful
benefit authorized or permitted by law.
A.
The Ethics Board shall transmit to the Village Clerk,
in a form suitable for posting, copies of those provisions of this
chapter which the Ethics Board deems necessary for posting in the
village. Within 10 days after receipt of those copies, the Village
Clerk shall cause the copies to be posted conspicuously in every public
building under the jurisdiction of the village.
B.
The Ethics Board shall transmit to the Village Clerk,
in a form suitable for distribution, copies of those provisions of
this chapter which the Ethics Board deems necessary for distribution
to the officers and employees of the village. Within 10 days after
receipt of those copies, the Village Clerk shall cause the copies
to be distributed to every officer and employee of the village and
made readily available to the public. The Village Clerk also shall
furnish a copy of those provisions to every village officer or employee
elected or appointed thereafter within 10 days after such officer
or employee enters upon the duties of such officer or employee.
C.
Failure of the village to comply with the provisions
of this section or failure of any village officer or employee to receive
a copy of the provisions of this chapter shall have no effect on the
duty of compliance with this chapter or on the enforcement of its
provisions.
