Village of Webster, NY
Monroe County
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[HISTORY: Adopted by the Village Board of the Village of Webster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 9.
[Adopted 9-11-2003 by L.L. No. 2-2003; amended in its entirety 6-23-2011 by L.L. No. 2-2011]
In addition to any other legal requirement or prohibitions, any person appointed as the Village Clerk, Deputy Clerk, Village Treasurer, Deputy Village Treasurer, Building Inspector or Superintendent of Public Works need not be residents of the Village but must be residents of Monroe County.
[Adopted 6-13-2013 by L.L. No. 1-2013]
The Village Board of Trustees of the Village of Webster hereby finds that the enactment of this article, which is designed to address the employment, supervision, transfers or recommendation of immediate family members, regardless of time worked, of elected and appointed officials as defined under this article, shall promote the public interest, avoid the possibility of personal bias, and strengthen public confidence in the integrity of the Village government. This article will ensure public confidence in the integrity of municipal personnel practices by requiring Village Board approval of the hiring, transfer or promotion of municipal officials' relatives who are assigned positions not subject to competitive examination pursuant to the New York Civil Service Law.
The provisions of this article shall apply to all appointments (including transfers) made on or after the effective date of this article. This article shall not apply to employment and supervisory arrangements which existed and which were in effect in accordance with applicable Village policy prior to the effective date of this article. However, any future changes in employment or relationship status shall be governed under this article.
As used in this article, the following terms shall have the meanings indicated:
APPOINTED OFFICIAL
All members of the Zoning Board, Planning Board, Historical Preservation Commission, Parks and Recreation Advisory Board, Village Clerk, Village Treasurer, and Superintendent of Public Works.
ELECTED OFFICIAL
The Mayor and all members of the Village Board of Trustees.
IMMEDIATE FAMILY
Spouse, grandfathers, grandmothers, grandsons, granddaughters, fathers, mothers, stepfathers, stepmothers, sons, daughters, stepsons, stepdaughters, brothers, sisters, uncles, aunts, nieces, nephews, first cousins, fathers-in-law, mothers-in-law, brothers-in-law, sisters-in-law, daughters-in-law, or sons-in-law and the spouses of any members of the employee's immediate family. "Immediate family" also includes a person who is in a spouse-like relationship to the employee.
A. 
The employment of any individual to a position not being filled pursuant to Civil Service Law competitive examination, or which is not being filled pursuant to the requirements set forth in a collective bargaining agreement between the Village and a representative union, shall be prohibited when that individual is an immediate family relative of an elected or appointed official.
B. 
Any individual holding an elected or appointed position as defined under this article, for which payment is made from funds administered by the Village of Webster, shall be prohibited from supervising, employing, appointing, or voting for the appointment of members of his or her immediate family, in or to any position or employment when the salary, wages, pay or the compensation of such appointee is to be paid out of such funds administered by the Village of Webster.
Any individual hired or promoted to a position not being filled pursuant to Civil Service Law competitive examinations, or appointed pursuant to the requirements set forth in a collective bargaining agreement between the Village and a representative union, shall sign a sworn affidavit at least five business days prior to the commencement of employment with the Village of Webster stating whether or not such individual is a relative of any Village official, elected or appointed, as defined under this article. This affidavit shall be filed with the Village of Webster Clerk at least one business day prior to the commencement of employment with the Village of Webster.
The Village Board may authorize an exception to the prohibitions under this article in cases where it is determined to be in accordance with applicable law and in the best interest to grant an exception. Requests for exceptions shall be submitted as a resolution by a member of the Village Board in accordance with this article. The Village Board shall hold a public hearing at a regularly advertised and scheduled meeting. The Village Board may have the opportunity to question the proposed employee at said hearing. A majority vote of the Village Board present at the meeting shall be required to approve such an exception for employment.
Any individual who fails to file an affidavit required by § 13-6 of this article shall be guilty of an unclassified misdemeanor punishable by a fine of $1,000 and/or a term of imprisonment not to exceed six months and immediately terminated from employment at the Village of Webster. Additionally, any false statement submitted on the affidavit or any other violation not covered by this section may be punishable in accordance with New York State Penal Law.