[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:
All members of the Zoning Board of Appeals,[1] Historical Preservation Commission, Parks and Recreation
Advisory Board, Village Clerk, Village Treasurer, and Superintendent
of Public Works.
The Mayor and all members of the Village Board of Trustees.
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.
[1]
Editor's Note: Pursuant to L.L. No. 3-2020, adopted 11-12-2020,
which abolished the existing Planning Board and Zoning Board of Appeals
and created a new Zoning Board of Appeals, the references in this
definition to the "Zoning Board" and "Planning Board" were changed
to "Zoning Board of Appeals."
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.
