[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington 12-16-1991 by L.L. No. 11-1991. Amendments noted
where applicable.]
A.Â
The goal of Village government is to provide fair,
impartial, open and lawful administration of the Village, pursuant
to the Code of Ethics of the Village, as defined below, and the General
Municipal Law of the State of New York.
B.Â
In order to accomplish this goal, it is necessary
that the Village maintain and support its tradition of having Village
residents serve as volunteer Village officials and that all Village
officials or employees, as those terms are defined below, whether
volunteer or paid or elected:
(1)Â
Be independent, impartial and responsible to the residents
of the Village.
(2)Â
Observe in their official acts the highest standards
of morality and discharge faithfully the duties of their office regardless
of personal consideration, so that the public shall have the highest
regard for the integrity of its government and its Village officers
or employees.
(3)Â
Make government decisions in the proper channels of
government in an open and nonsecretive manner.
C.Â
In recognition of this goal, there is hereby established
a Code of Ethics which is based upon the Municipal Ethics Act for
New York State municipalities, dated December 1988, and recommended
by the State of New York Commission on Government Integrity. Although
this Code of Ethics deviates in various sections from the Municipal
Ethics Act for New York State Municipalities, the studies and reports
published by the Commission on Government Integrity will provide guidance
as to the origin and interpretation of this Code of Ethics. In the
event of any conflict between the provisions of this Code of Ethics
and the provisions of the General Municipal Law of the State of New
York, the latter shall control.
When used in this Code of Ethics, the following
terms shall have the meanings indicated:
Any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau or
committee of the Village.
Communicating in whatever form, whether personally or through
another person.
Having or providing any contract, service or
work with the Village;
Buying, selling, renting, leasing or otherwise
acquiring from or dispensing to the Village any goods, services or
property; or
Applying for, petitioning, requesting or obtaining
any approval, grant, loan, license, permit or other privilege from
the Village.
Any action involving the exercise of judgment or discretion
by a Village officer or employee, either individually or as a member
of any agency, and includes but is not limited to negotiation, approval,
advice, recommendation, authorization or audit.
A spouse, child, stepchild, brother, sister, parent or dependent
of a Village officer or employee, as defined below.
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
Any business dealing with the Village, or any application
for such business, or any case, proceeding, determination, investigation,
charge, accusation or arrest or any other matter involving a discretionary
act of a Village officer or employee, but does not include the proposal,
consideration or enactment of local laws, ordinances or regulations
of general application.
A husband or wife from whom the Village officer or employee
is not legally separated.
The Village of Irvington and all agencies thereof.
Any officer or employee of the Village, whether paid or unpaid,
including, without limitation, all members of or counsel to any board,
advisory board, commission or committee of the Village except that
no person shall be deemed to be a Village officer or employee solely
by reason of being:
[Amended 4-20-1992 by L.L. No. 5-1992; 5-18-2015 by L.L. No.
8-2015]
A.Â
Provisions applicable to all Village officers and employees. No Village
officer or employee shall:
[Amended 6-16-2014 by L.L. No. 14-2014]
(1)Â
Directly or indirectly solicit, accept or agree to accept any gift
from any person, other than a family member, who the Village officer
or employee knows is considering, has or, within the previous 12 months,
has had any business dealing with the Village that involves any discretionary
act by the Village officer or employee. However, a Village officer
or employee may accept from such person a gift or gifts which would
otherwise be prohibited by the preceding sentence and which are customary
on family, social, holiday or civic occasions, provided that they
were not received under circumstances in which it reasonably might
be inferred that such gift or gifts were intended to influence the
Village officer or employee in the performance of his or her official
duties or reward him or her for any official action. A "gift" shall
include money, services, loan, travel, entertainment, hospitality,
thing or promise thereof, or any other gratuity or promise thereof,
including any financial transaction on terms not available to the
general public, but shall not include a campaign contribution.
(2)Â
Use his or her official position or office, or take or refrain from
taking any discretionary action, or agree to take or refrain from
taking any discretionary action on any matter before the Village in
a manner that he or she knows or has reason to know may result in
a pecuniary or material benefit for:
[Amended 5-18-2015 by L.L. No. 8-2015]
(a)Â
Himself or herself.
(b)Â
A family member.
(c)Â
A
member of his or her household.
(d)Â
Any partnership or unincorporated association of which the Village
officer or employee is a member or employee or in which he or she
has a proprietary interest.
(e)Â
Any corporation of which the Village officer or employee is
an officer or director or of which he or she legally or beneficially
owns or controls more than 5% of the outstanding stock.
(f)Â
Any person with whom the Village officer or employee or his
or her family member has an employment, professional, business or
financial relationship.
(g)Â
Any person from whom the Village officer or employee, or his
or her spouse, has received, within any twelve-month period during
the previous 24 months, a pecuniary or material benefit having an
aggregate value greater than $2,000.
(3)Â
Appear before the board, committee, agency, or commission of which
(s)he is a member, except on behalf of the Village or on his or her
own behalf.
(4)Â
Act
as an attorney, agent, broker, employee, consultant or representative
for any person before the board, committee, agency or commission of
which (s)he is a member.
[Added 5-18-2015 by L.L.
No. 8-2015[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
A(4) through (7) as Subsection A(6) through (9), respectively.
(5)Â
Act
as an attorney, agent, broker, employee, consultant or representative
for any person before any board, committee, agency or commission of
the Village where the compensation for such service is to be dependent
or contingent upon any action or inaction of the board, committee,
agency or commission. This subsection shall not prohibit the fixing
at any time of fees based upon the reasonable value of the services
rendered for any representation permitted by this section.
[Added 5-18-2015 by L.L.
No. 8-2015]
(6)Â
Appear as attorney or counsel against the interests of the Village
in any matter in which the Village is a party or a complainant.
(7)Â
Except where such disclosure is authorized by law, disclose during
his or her office or employment with the Village or thereafter, any
confidential information acquired in the course of his or her official
duties or use any such information to advance the financial or other
private interest of himself or herself or any other person.
(8)Â
After termination of his or her term of office or employment with
the Village, appear before the Village, or receive compensation for
services rendered on behalf of any person other than the Village,
in relation to any particular matter upon which he or she took any
action or that came before him or her during his or her term of office
or employment with the Village.
B.Â
Provisions applicable to members of the Zoning Board of Appeals, Planning Board, Board of Architectural Review, Environmental Conservation Board, and Tree Preservation Commission, and to paid employees. In addition to the provisions of Subsection A, no member of the Zoning Board of Appeals, Planning Board, Board of Architectural Review, Environmental Conservation Board, Tree Preservation Commission or a paid Village employee shall:
(1)Â
Act as an attorney, agent, broker, employee, consultant or representative
for any person in any business dealing that person has with the Village.
(2)Â
Appear before the Village on any matter that has come or is likely
to come before the member's board, unless the appearance is on behalf
of the Village or on his or her own behalf.
C.Â
Provisions applicable to members of the Board of Trustees and to paid employees. In addition to the provisions of Subsection A, no member of the Board of Trustees or a paid employee shall:
[Added 5-18-2015 by L.L.
No. 8-2015[3]]
D.Â
Notwithstanding any other provision of this chapter,
members of the Village Board of Trustees and all paid Village employees,
including the Village Attorney, are prohibited from serving as a chairperson,
district leader or officer for any partisan political party which
engages in political campaigning or electioneering within the Village.
E.Â
No partnership or unincorporated association of which
a Village officer or employee is a member or employee or in which
he or she has a proprietary interest, nor any corporation of which
he or she is an officer or director or of which he or she legally
or beneficially owns or controls more than 5% of the outstanding stock,
shall appear before the Village on behalf of any person other than
the Village or itself.
F.Â
Nothing in this section shall be construed to prohibit
a Village officer or employee or any other person from receiving a
Village service or benefit or using a Village facility which is generally
available to residents or a class of residents in the Village.
G.Â
Nothing in this section shall be construed to prohibit
any Village officer or employee listed in § 11 of the Domestic
Relations Law from accepting any gift or benefit having a value of
$100 or less for the solemnization of a marriage by that Village officer
or employee.
H.Â
Nothing in this section shall be construed to prohibit
a Village officer or employee from performing any ministerial act.
I.Â
Should the Village Ethics Board, defined below, conclude
in a written opinion that a contract has been entered by or with the
Village which results in or from a violation of this section, the
Board of Trustees may elect to void that contract.
A.Â
Whenever the Village officer or employee is requested
or required to take any action on a matter before the Village and,
to his or her knowledge, either the performance or nonperformance
of that action would provide a pecuniary or material benefit to himself
or herself or to any related person different from that which would
be derived from the action by reason of its general application to
a broad class of persons deriving such benefit, the Village officer
or employee shall not participate in that matter. The Village officer
or employee also shall file promptly with his or her immediate supervisor,
if any, and with the Village Clerk a signed statement disclosing the
nature and extent of that interest.
B.Â
RELATED PERSON
(1)Â
(2)Â
(3)Â
(4)Â
Definitions. For purposes of this section, the following
terms shall have the meanings indicated:
A family member or member of one's household.
[Amended 5-18-2015 by L.L. No. 8-2015]
Any corporation of which the Village officer
or employee is an officer or director or of which he or she legally
or beneficially owns or controls more than 5% of the outstanding stock.
Any person with whom the Village officer or
employee or his or her family member has an employment, professional,
business or financial relationship.
Any person from whom the Village officer or
employee, or his or her spouse, has received, within any twelve-month
period during the previous 24 months, a pecuniary or material benefit
having an aggregate value greater than $2,000.
C.Â
Whenever a vote is required from which the Village
officer or employee must recuse himself or herself under this section,
such recusal shall not be counted for the purpose of determining whether
a majority or other ratio required by law to pass a measure has been
reached; provided, however, that no action may be taken by a body
unless a majority of all of the members appointed or elected to such
body votes on the matter. If a body is reduced below such majority
by reason of a recusal required pursuant to this section, any member
of such body may apply to the Village Ethics Board for a waiver of
the recusal requirements of this section.
D.Â
Any Village officer or employee who acts as an attorney, agent, broker, employee, consultant or representative before the Village or any of its boards, committees, agencies or commissions, if such representation is permitted by § 27-3, shall submit a statement to the Village Administrator advising the Village of such representation.
[Added 5-18-2015 by L.L.
No. 8-2015[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
D as Subsection E.
E.Â
Nothing in this section shall be construed to prohibit
a Village officer or employee from performing any ministerial act
or to require a Village officer or employee to file a disclosure statement
pursuant to this section prior to performing any ministerial act.
Transactional disclosure statements filed pursuant to § 27-4 of this Code of Ethics shall be public records and shall be indexed and maintained on file in an appropriate manner by the Village Clerk. The Village Clerk promptly shall transmit a copy of all disclosure statements to the Village Ethics Board, Mayor and Village Counsel. The Village Clerk shall retain disclosure statements for not fewer than seven years from the date of filing.
A.Â
APPLICANT
SUBMISSION
Definitions. For purposes of this section, the following
terms shall have the meanings indicated:
Any person making a submission.
Any written application, petition, bid, proposal or other
request concerning a business dealing with the Village which has a
value or cost to the Village of $5,000 or more, but shall not include
an application to be considered for eligibility to apply for or bid
on any business dealing.
B.Â
For purposes of this section, a campaign contribution
shall be considered to have been made to the Village officer or employee
if such contribution is made to any committee soliciting or receiving
funds for the purpose of supporting the candidate, except that a contribution
to a statewide political party shall not be considered a contribution
to a candidate unless it is earmarked for use for a specific candidate.
Where contributions are made to committees which support more than
one candidate, the contribution shall be considered to have been spent
equally on all the candidates, and only the amount attributable to
a particular candidate shall be considered for disclosure purposes
under this section, unless the contribution to the committee was earmarked
for use for a particular candidate or candidates, in which case the
entire contribution shall be attributable to that candidate or equally
to those candidates, or as specified by the contributor. For purposes
of this section, a loan to a candidate or campaign committee shall
be considered a campaign contribution.
C.Â
Any person who makes a submission to the Village shall
disclose, in writing, as part of the submission:
(1)Â
The name of any Village officer or employee to whom
the applicant has made one or more campaign contributions totaling
$250 or more within any twelve-month period during the previous 60
months.
(2)Â
The name of any Village officer or employee who, to
the applicant's knowledge, has an interest in the submission or in
the applicant and is required to take any discretionary act on the
submission. The applicant also shall identify in the submission the
nature of the interest.
D.Â
For purposes of this section, the Village officer
or employee shall be deemed to have an interest in the submission
or in the applicant when the Village officer or employee or his or
her spouse:
(1)Â
Is the applicant;
(2)Â
Is a family member of the applicant;
(3)Â
Is an officer or director of or legally or beneficially
owns or controls more than 5% of the outstanding stock of the applicant;
(4)Â
Has or, to the applicant's knowledge, intends to enter
into an employment, professional, business or financial relationship
with the applicant, or any principal of the applicant;
(5)Â
Has received from the applicant, within any twelve-month
period during the previous 24 months, a pecuniary or material benefit
having an aggregate value greater than $2,000; or
(6)Â
Will receive, pursuant to an agreement between the
applicant and any person, a pecuniary or material benefit if the Village's
disposition of the submission is favorable to the applicant.
A.Â
A bipartisan Village Ethics Board consisting of five
members who are residents of the Village is hereby established. The
members of the Board shall be appointed by the Mayor with the advice
and consent of the Trustees. Appointments shall be made initially
for terms of one, two, three, four and five years, with every appointment
thereafter for a term of five years.
B.Â
The Village Ethics Board shall adopt rules and regulations
as to forms and procedures and shall at all times maintain appropriate
records of its opinions and proceedings.
A.Â
No member of the Village Ethics Board shall hold office
in any political party or be employed as a lobbyist before the Village.
A Board member may make campaign contributions but may not participate
in any Village election campaign, other than his or her own. No person
may serve on the Village Ethics Board while holding other office in
or being employed by the Village.
B.Â
No more than two members of the Village Ethics Board
may be members of the same political party. For purposes of this section,
"political party" shall mean any political party which appears on
the ballot for statewide elected office or which exists in the Village.
A.Â
A member of the Village Ethics Board may be removed
by the Mayor with the advice and consent of the Board of Trustees.
B.Â
Grounds for removal of a member or members of the
Village Ethics Board shall be substantial neglect of duty, misconduct
in office, inability to discharge the powers or duties of office or
violation of this Village Ethics Code, after written notice and opportunity
for reply.
A.Â
At its first meeting of the Village Ethics Board each
year, it shall elect a Chairperson from among its membership. A quorum
of the Village Ethics Board shall be necessary for the Board to vote
upon any matter. A quorum shall consist of no fewer than three members
of the Board. A vote of a majority of the members of the Village Ethics
Board constituting a quorum shall be required for the Board to take
any action. The Chair or any three members may call a meeting of the
Board.
B.Â
The Board may hold as many meetings per year as it
deems necessary or as shall be called by the Chair or any three members,
provided that a meeting of the Board shall be held promptly after
the filing of a complaint alleging a violation of this Code of Ethics,
at which meeting such complaint shall be considered by the Board,
as well as any other matters before it.
A.Â
The Village Ethics Board may act only with respect
to Village officers and employees.
B.Â
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 Board with respect to the requirements that this
Code of Ethics imposes on the former Village officer or employee.
C.Â
The Village Ethics Board shall have the following
powers and duties:
(1)Â
To prescribe and promote rules and regulations governing
its own internal organization and procedures in a manner consistent
with this Code of Ethics.
(3)Â
To conduct hearings and recommend disciplinary action
for violations of this Code of Ethics.
(4)Â
To grant waivers of the recusal requirements under the circumstances described in § 27-4C of this Code of Ethics, upon written application and upon a showing of compelling need by the applicant. Waivers shall be in writing and shall state the grounds upon which they are granted.
(5)Â
To render advisory opinions with respect to the interpretation or application of this Code of Ethics, upon written request by any agency, individual Village officer or employee, or any applicant, as defined in § 27-6A of this Code of Ethics.
(6)Â
To review all transactional disclosure statements.
If the Board determines that a statement is deficient or reveals a
possible or potential violation of the Code of Ethics, it shall notify
the person, in writing, of the deficiency or possible or potential
violation and of the penalty for failure to comply with this Code
of Ethics.
(7)Â
To provide training and education to Village officers
and employees and to make information concerning this Code of Ethics
available to all Village officers and employees, to the public and
to any person who is interested in doing business with the Village.
(8)Â
To prepare an annual report and recommend changes
to this Code of Ethics, if any.
A.Â
Upon receipt of a sworn complaint by any person alleging
a violation of this Code of Ethics, or upon determining on its own
initiative that a violation of this Code of Ethics may exist, the
Village Ethics Board shall have the power and duty to conduct any
investigation necessary to carry out the provisions of this Code of
Ethics. In conducting any such investigation, the Village Ethics Board
shall notify the subject or subjects investigated, in writing, of
the allegation, may administer oaths or affirmations, subpoena witnesses,
compel their attendance and require the production of books and records
which it may deem relevant and material. The subject or subjects has
a right to submit a written response during the investigation by the
Village Ethics Board.
B.Â
If, after an investigation is conducted, the Village
Ethics Board determines that changes are warranted, a private hearing
will be conducted by said Board. The subject or subjects of the changes
has a right to submit a written response and/or appear before the
Village Ethics Board with or without counsel in a private hearing
to question witnesses or challenge documentary evidence that may be
considered by the Village Ethics Board and to give any testimony or
evidence on behalf of the subject or subjects.
C.Â
Nothing herein shall be construed to permit the Village Ethics Board to conduct an investigation of itself or any of its members. Should the Village Ethics Board receive a sworn complaint alleging that the Village Ethics Board or any of its members has violated any provisions of this Code of Ethics or any other law, it shall promptly transmit a copy of the complaint to the Mayor and Village Counsel, who shall investigate the complaint and take appropriate remedial action, should the results of their investigation so warrant. Any individual on the Village Ethics Board who is investigated will be entitled to the same protects afforded all subjects pursuant to § 27-12B.
D.Â
Subject to the requirements of § 27-12B, the Village Ethics Board shall advise the relevant appointing authority of the disposition of every sworn complaint that it receives and of every related investigation that it conducts and shall set forth its related findings, opinions and recommendations.
E.Â
The Village Ethics Board shall, with respect to every
complaint that it receives and all related deliberations, findings,
opinions, recommendations and dispositions thereof:
(1)Â
Hold all such matters in confidence and not publicly
reveal them, to the fullest extent allowable by applicable law, including
the New York State Freedom of Information Law, as it may be amended.
(2)Â
Meet only in executive session, closed to the public,
to the fullest extent allowed by the New York State Open Meetings
Law, as it may be amended.
(3)Â
Render a written confidential report of its findings,
opinions and recommendations, which report will be provided to the
subject of the investigation.
Any Village officer or employee who engages in any action that violates any provision of this Code of Ethics may be warned or reprimanded or suspended or removed from office or employment or be subject to any other sanction authorized by law or 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 applicable penalty contained in any other provision of law. The appointing authority or person authorized by law to impose the sanctions described in this section shall be guided by the requirements of § 27-12.
[Amended 9-21-1992 by L.L. No. 7-1992]
The Mayor shall cause this Code of Ethics to
be distributed to every Village officer or employee. Each such person
who enters government service after the adoption of this chapter shall
receive a copy of the Code of Ethics before entering upon his or her
duties and shall sign a statement that he or she has received and
read the Code of Ethics. The Village Administrator shall obtain a
similar signed statement from every Village officer or employee whose
office or employment predates the adoption of this chapter.