[HISTORY: Adopted by the Board of Trustees
of the Village of Maybrook 4-23-1979 by L.L. No. 2-1979 as Chapter
4 of the 1979 Municipal Code. Section 27-7C added at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 21.
[Amended 11-14-2022 by L.L. No. 5-2022[1]]
The Board of Trustees of the Village of Maybrook recognizes
that there are rules of ethical conduct for public officials and employees
which must be observed if a high degree of moral conduct is to be
obtained and if public confidence is to be maintained in our unit
of local government. The proper operation of the Village government
requires that its officials and employees be independent, impartial,
objective, unbiased and responsible to the people of the Village of
Maybrook; that public office not be used for personal gain; that public
officials 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 the
officials and employees thereof. It is the purpose of this chapter
to implement these objectives through the establishment of standards
of conduct, to provide for punishment of violations of such standards,
and to create a Board of Ethics to render advisory opinions to the
Village's officials and employees as provided for herein.
[Amended 11-14-2022 by L.L. No. 5-2022]
This chapter is intended to be supplementary. It shall not authorize
any conduct prohibited by Article 18 of the General Municipal Law
of the State of New York or any other general or special law, local
law, or the common law and judicial decisions relating to ethical
conduct and interests in contract. The standards, prohibitive acts
and procedures established herein are in addition to any prohibitive
acts, conflicts of interest provisions or procedures prescribed by
statute of the State of New York and also in addition to common law
rules and judicial decisions relating to the conduct of Village officials
to the extent that the same are more severe in their application than
this chapter.
[Amended 11-14-2022 by L.L. No. 5-2022]
As used in this chapter, the following terms shall have the
meanings indicated:
A spouse, domestic partner, child, stepchild, dependent,
mother, father, brother, sister, grandparent, grandchild, in-law,
or relative residing in the household of a Village official or employee.
Any claim, account or demand against or in 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 official
or employee as a result of a business or professional transaction
with the Village. For the purposes of this chapter, an official or
employee shall be deemed to have a direct interest in the affairs
of:
His/her spouse, domestic partner, minor child, stepchildren,
mother, father, brothers, sisters, grandparents, grandchildren, in-laws
and other dependents or relatives.
A business concern, partnership or association of which such
official or employee is a member, partner, owner, director or employee.
A corporation of which such official or employee is an official,
director or employee.
A corporation, any stock of which is owned or controlled, directly
or indirectly, by such official or employee.
Any spouse, child, grandchild, parent, grandparent, sibling,
in-law, aunt, uncle, first cousin, niece, nephew, stepparent, stepchild,
half-brother or half-sister.
The Village of Maybrook or any of its boards, commissions,
committees or agencies, whether operated or funded solely by the Village
of Maybrook or jointly with one or more other municipalities.
Any individual, group or firm which renders services on behalf
of the Village to any Village official, Village Board, Planning Board,
Zoning Board of Appeals or any other Village agency or commission.
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, Board of Trustees, Planning Board, Zoning Board of
Appeals and any and all committees. For the purpose of this chapter,
no person shall be deemed a Village official or employee solely by
reason of being a volunteer fireman or civil defense volunteer or
being employed by the Village as a result of a contractual agreement
other than a collective bargaining agreement.
[Amended 11-14-2022 by L.L. No. 5-2022]
A.Â
Employment.
(1)Â
No Village official, Village employee or Village consultant shall
have 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 duties
in the public interest.
(2)Â
No Village official, Village employee or Village consultant shall
accept other employment which will impair his independence of judgment
in the exercise of his official Village duties.
(3)Â
No Village official, Village employee or Village consultant 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 official
duties.
B.Â
Disclosure of confidential information.
(1)Â
No Village official, Village employee or Village consultant shall
disclose confidential information acquired by him in the course of
his official duties or use such information to further his personal
interests or the private interests of others.
(2)Â
No Village official, Village employee or Village consultant shall
accept employment or engage in a business or professional activity
which will require him to disclose confidential information gained
by reason of his official position or authority.
C.Â
Misuse of authority. No Village official, Village employee or Village
consultant shall use or attempt to use his official position to secure
unwarranted privileges or exemptions for himself or others.
D.Â
Misuse of privilege. No Village official, Village employee or Village
consultant shall by his conduct give reasonable basis for the impression
that another can improperly influence him or unduly enjoy his favor
in the performance of his official duties or that he is affected by
kinship, rank, position or influence of any party or person.
E.Â
Compensation. No Village official, Village employee or Village consultant
shall receive compensation or enter into any agreement to receive
compensation, express or implied, with respect to any matter which
is, was or will be before the Village for determination in the official
capacity of any Village official, Village employee or Village consultant
of the Village of Maybrook.
F.Â
Gifts. During a single calendar year, no Village official, Village
employee or Village consultant shall solicit, directly or indirectly,
receive or accept any gift or gifts having a total aggregate value
of $50, or more, whether in the form of money, services, loan, travel,
entertainment, hospitality, thing or promise, or in any other form,
from any one person, partnership, corporation or any entity which
has a business relationship with the Village of Maybrook. Gifts of
money or any form of money (money orders, checks, stocks, bonds, etc.)
are not permitted at all in any amount.
G.Â
Investments.
(1)Â
No Village official, Village employee or Village consultant of the
Village of Maybrook shall invest or hold any investment, directly
or indirectly, in any financial, business, commercial or other private
transaction, which creates a conflict with his official duties.
(2)Â
No Village official, Village employee or Village consultant shall
engage in any enterprises which he has reason to believe may be directly
involved in decisions to be made or advice to be given by him or which
will otherwise create substantial conflict between his duty and the
public interest and his private interest.
H.Â
Future employment.
(1)Â
No Village official, Village employee or Village consultant shall,
within 12 months after the termination of his service, appear as part
of his/her employment before any board, agency or commission of the
Village of Maybrook or conduct any official Village business, transactions
or professional activity with any Village official, Village employee
or Village consultant where special advantages by virtue of prior
contact and relationship with the Village may be realized.
(2)Â
No Village official, Village employee or Village consultant shall
appear before any board, agency or commission of the Village of Maybrook
in relation to any case, proceeding or application in which he was
directly concerned and personally participated or which was under
his active consideration during the period of his service or employment.
I.Â
Discrimination. No Village official, Village employee or consultant
of the Village or of any service or other organization chartered by
or directly or indirectly sponsored or supported by the Village shall:
(1)Â
Discriminate or cause involuntary segregation, directly or indirectly,
based upon creed, color, national origin, sex or disability or allow
the preceding to be factors affecting the recruitment, selection,
placement, assignment, compensation or promotion of any Village official,
Planning Board member, Zoning Board of Appeals member, Village employee
or member of such service or other organization.
J.Â
Nepotism.
(1)Â
No relative of any Village official or department head shall be hired
to work for the Village, with the following recognized exceptions:
(a)Â
Any individual that was employed by the Village before the effective
date of this section can retain their position;
(b)Â
Any individual that was hired by the Village before the Village
official or department head took office or position of authority can
retain their position;
(c)Â
Any individual that was employed by the Village before becoming
a relative of any Village official or department head can retain their
position;
(d)Â
Any individual can be employed by the Village to fill a seasonal
or temporary position, which is a position that shall not exceed six
months in any given calendar year, irrespective of their relationship
to any Village official or department head;
(e)Â
Any individual for which good cause exists for their hire, as
determined by a vote of the Board of Trustees, with the benefit of
guidance to be issued by the Board of Ethics. In general, good cause
may be found if there is a showing that the Village would either suffer
hardship as a result of the general prohibition, there is a lack of
otherwise qualified applicants to fill the specific job title, or
other similar set of circumstances; and
(f)Â
Any individual that is eligible for hire based on their performance
on a civil service open competitive test can be hired, irrespective
of their relationship to any Village official or department head.
(2)Â
No Village official or employee, either individually or as a member
of a board, may participate in any decision to appoint, hire, promote,
discipline or discharge a relative for any position at, for, or within
the Village of Maybrook.
(3)Â
No Village official or employee may supervise a relative in the performance
of the relative's official powers or duties. In the event a Village
official or employee is employed in a supervisory role over a relative,
that Village official or employee's deputy supervisor, the Village
Mayor or the Board of Trustees shall be authorized to promote, discipline
and discharge the subject relative, subject to any relevant provisions
in law or a collective bargaining agreement.
K.Â
Representation by consultant. No Village consultant shall appear
on behalf of private interests before any board, commission or agency
of the Village of Maybrook while actively employed by the Village;
nor shall a Village consultant, after being no longer retained by
the Village, represent the interest of any person or entity before
any Village board, commission or agency if the matter was pending
when the consultant's retention by the Village ended.
L.Â
Political involvement. No appointed official or employee shall use
his official authority or influence for the purpose of interfering
with or affecting the result of an election or a nomination for office,
nor shall he directly or indirectly coerce, attempt to coerce, command,
advise or solicit any person to pay, lend or contribute anything of
value to a party, committee, organization, agency or person for political
purposes, nor shall he take an active part in political management
or in political campaigns.
M.Â
Use of public property. No Village official or Village employee shall
request or permit the use of Village-owned vehicles, equipment, materials
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 official in the conduct of official business.
[Amended 11-14-2022 by L.L. No. 5-2022]
A.Â
All elected and appointed officials, board members, department heads
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, with the Village Clerk's
office, disclosing all land holdings in the incorporated area of the
Village of Maybrook, whether held personally, by a spouse, by a dependent,
jointly with a spouse or dependent, or immediate family members, jointly
in partnership with others, as a partnership, limited partnership,
corporation, trust or any other similar entity, the name of any partnership,
corporation or trust of which he or his spouse or dependent is an
official, director or employee or which he or a spouse or a dependent,
legally or beneficially, owns or controls more than 5% of the outstanding
stock or interest, and his position, and his spouse or dependent's
position, if any, with the partnership, corporation or trust. In addition,
anyone who holds a license as either a real estate broker or real
estate salesperson will disclose that fact and the name of the real
estate concern that they are affiliated with and the location of their
office. Additionally, any direct or indirect investment in any financial,
business, commercial or other private transaction which creates or
may create a conflict with his official duties shall be reported.
B.Â
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 15 days from the date thereof.
Failure to file the required disclosure statement in a timely fashion
shall be deemed a violation of this chapter.
[Amended 11-14-2022 by L.L. No. 5-2022]
If any Village official, Village employee or Village consultant
has a potential or actual conflict of interest in any matter which
he encounters in the performance of his official Village duties, he
shall make known to all concerned parties the nature of such conflict,
within 10 days, and shall refrain immediately 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, including the Village of Maybrook Board of Ethics. Said conflict
should be made known to the proper parties in writing.
A.Â
There is
hereby established a Board of Ethics consisting of three members,
who shall be appointed by the Board of Trustees and who shall serve
without compensation and at the pleasure of the Board of Trustees.
A majority of such members shall be persons other than officers or
employees of the Village but shall include at least one member who
is an elected or appointed official of the Village. 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 to this Code of Ethics, under such rules and regulations
as the Board of Ethics may prescribe. In addition, the Board may make
recommendations with respect to the drafting and adoption of a Code
of Ethics or amendments thereto upon request of the Board of Trustees.
B.Â
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:
C.Â
Rules and
regulations should be adopted by the Board of Ethics to govern the
conduct of meetings of the Board. These may include the following:
(1)Â
The
selections and terms of office of a Chairman and such other officers
as are deemed necessary, if such designations have not been made by
the governing board.
(2)Â
The
number of Board members consisting a quorum.
(3)Â
The
number of Board members necessarily in affirmative agreement, in addition
to the Village Attorney, to render an opinion and the manner in which
dissents shall be recorded.
(4)Â
The
form and content of records of proceedings and other Board records.
(5)Â
The
form and content of a request for an opinion, which may include indication
that certain municipal officials or employees have been advised of
such request.
(7)Â
The
distribution of opinions.
A.Â
The Mayor
of the Village shall cause a copy of this Code of Ethics to be distributed
to every officer or employee.
B.Â
Each officer
and employee elected or appointed thereafter shall be furnished with
a copy thereof before entering upon the duties of his office or employment.
C.Â
Failure
to distribute any copy of the Code of Ethics or failure of any officer
or employee to receive such copy shall have no effect on the duty
of compliance with such code, nor the provisions thereof, pursuant
to Subdivision 2 of § 806 of the General Municipal Law.
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 the Code of Ethics may be fined up to $250, suspended
or removed from office or employment, as the case may be, in the manner
provided by the law.
