CHAPTER
4
OFFICERS AND
EMPLOYEES
§ 4.1 Title
This
Chapter shall be known as the "Incorporated Village of Mineola Financial
Disclosure Law".
§ 4.2 Declaration
of Policy
It is
hereby declared the policy of the Incorporated Village of Mineola:
1. To insure to the citizens of the Incorporated
Village of Mineola, a Village
government that is administered free from any conflicts of interest by
employees who affect the integrity of the Village government;
2. To recognize that the citizens of the
Incorporated Village of Mineola are entitled to a high standard of candor from
their public servants;
3. To provide a means by which those Village
employees may disclose those aspects of their business and personal affairs,
which, even though they may not relate to the specific duties of the Village
employee, reflect upon the integrity of the Village government;
4. To discourage and detect corruption and the
appearance of corruption;
5. To instill in the public a sense of confidence
and integrity and impartiality of its public servants.
§ 4.3 Legislative
Findings
The Board
of Trustees of the Incorporated Village of Mineola has made the following
findings of fact and determination:
1. The citizens of the Incorporated Village of
Mineola desire and require accountability and candor of Village government,
more particularly of those employees who perform responsible functions on
behalf of the Village government.
2. Any conflict of interest on the part of
Village officials or employees is deleterious to the Village government
administration
§ 4.3 MUNICIPAL
CODE
and credibility.
3. Those persons who hold Village positions as
hereinafter defined, constitute a distinct class of Village government
officials and employees whose public and personal affairs reflect upon and
relate to the credibility and quality of government administration.
§ 4.4 Definitions
For
purpose of this Chapter, the following definitions shall have the following
meanings:
1. "Employee" shall mean all elected
officials, all appointed officials, all department heads, deputy department
heads and all confidential personnel.
2. "Interest" shall mean any legal or
equitable interest whether or not subject to an encumbrance or condition which
was owned or held in whole or in part, jointly or severally, directly or
indirectly, at any time during the preceding eighteen (18) months for which a
required statement is to be filed pursuant to this Chapter. It shall include, but not be limited to, any
information required in the verified statement of public disclosure.
3. "Statement" shall mean the attested
statement and contents therein as set forth in § 4.7 of this Chapter, which is
required to be filed pursuant to this Chapter.
4. "Clerk" shall mean the Clerk of the
Incorporated Village of Mineola.
5. "Member of the Family" shall mean
spouse or children residing in the household.
6. "Material" shall mean any statement
which is either: (a) erroneous because the misinformation is of such a
significance so as to render the total scope of the disclosure statement as
inaccurate, or (b) is of such a nature that the misinformation relates to the
specific duties of the employee or reflects upon the integrity of the employee
in performance of his or her duties.
§ 4.5 Filing
of the Statement
Each and
every employee or official shall file with the Clerk a
OFFICERS
AND EMPLOYEES § 4.7
statement answering each and every question set
forth in the Financial Disclosure Statement.
§ 4.6 Time
for Filing
All
elected and appointed officials and employees shall file their respective
statements with the Clerk on or before the 60th day after the effective date of
this Chapter*, within thirty (30) days of employment, election, or appointment
and on April 1st of each year thereafter.
§ 4.7 Contents
of Statement
The
disclosure statement, as set forth herein, shall be the approved disclosure
statement.
*LL #13, 1986, from which this
Chapter is derived, was filed in the Office of the Secretary of State on Dec
23, 1986, effective immediately.
§ 4.7 MUNICIPAL
CODE
FINANCIAL
DISCLOSURE STATEMENT
I hereby
submit the following Financial Disclosure Statement under oath, listing the
assets, liabilities and sources of income of myself and my spouse.
Date of Statement:
a. General Information:
Name:
Address:
Date of
Title: Appointment
Department: Telephone No.:
Name
of Spouse:
Occupation
of Spouse:
b. Please list any office, trusteeship,
directorship or position of any nature, including that of shareholder whether
compensated or uncompensated, held by you or any member of your family with any
firm, corporation, association, partnership, or other organization which does
business or has any matter pending with, or is licensed or regulated by, any
Village agency or department. (Indicate whether held by you or any member of
your family, and what Village agency or department.)
OFFICERS
AND EMPLOYEES § 4.7
c. Please list any occupation, trade, business or
profession presently engaged in by you or any member of your family which does
business or has any matter pending with, or is licensed or regulated by a
Village agency or department. (Indicate whether engaged in by you or any member
of your family, and what Village agency or department.)
d. Please list any real estate owned or rented in
the Incorporated Village of Mineola or in any municipality bordering said
Village. (Indicate whether owned or rented and whether by you or any member of
your family.)
e. Please list any employment by or association
with any governmental agency or body. (Indicate whether personal or by a member
of your family.)
§ 4.7 MUNICIPAL
CODE
f. Please list all sources of income and
employment of yourself and of your spouse.
g. Please indicate any litigation in which you or
any member of your family has been involved and in which the Incorporated
Village of Mineola has been a party during the last two (2) years.
*Note: Please attach additional sheets if the
above spaces are inadequate for the information which you wish to supply.
ATTESTATION
I hereby
certify that I have read the foregoing ‑page Statement and the ‑page Addendum thereto and
that, to the best of my knowledge and belief, they are true, correct and
complete and that I have not and will not transfer any asset, interest or
property for the purpose of concealing it from disclosure while retaining an
equitable interest therein.
(Signed)
SWORN AND SUBSCRIBED TO
BEFORE ME THIS
DAY OF
(Notary
Public)
OFFICERS
AND EMPLOYEES § 4.8
§ 4.8 Penalties
A. Civil.
If any
employee or official shall refuse or fail, either unknowingly or intentionally,
to file a statement as required by this Chapter, the Clerk shall notify the Village
Board that said individual has not filed a statement. Upon such notification,
the Treasurer shall withhold the paycheck of such employee or official. In
addition, the employee or official shall also be notified, by certified mail,
that no statement has been filed.
Once a
statement has been filed, the Clerk shall promptly notify the Village Board
that the employee or official has complied with the filing requirement of this
Chapter and the Treasurer shall release all moneys withheld.
Notwithstanding
any other penalties imposed by this Section, if any employee or official does
not file a statement within forty-five (45) days after being notified by the
Clerk that such employee or official has failed to file, or if the employee or
official files a statement which the Village Board determines was filed with
the intent to deceive, intentionally misrepresent, or otherwise fraudulently
answered any question set forth in the statement or intentionally withheld any
information asked or demanded in the statement, such action shall be deemed a
misconduct of office and shall be grounds for dismissal or removal pursuant to
Civil Service Law, Section 75, Public Officers Law, Article 3, Village Law, or
any other applicable provision of law.
B. Criminal.
If any
employee or official files a statement with the intent to deceive,
intentionally misrepresent, or to otherwise fraudulently answer any question
set forth in the statement, or to intentionally withhold any information asked
or demanded in the statement, and if such deception or misrepresentation is
found to be both intentional and material as defined in § 4.4 (6) herein, then
such employee or official shall, upon conviction, be guilty of a Class B
Misdemeanor, punishable by a fine of not more than Five Hundred ($500.00)
Dollars or imprisonment of not more than three (3) months, or both. In all
criminal proceedings, the Clerk, through a designated representative shall act
as the complaining witness.
MUNICIPAL
CODE
HISTORICAL
NOTE
This
Chapter was originally enacted by Local Law # 13 of the year 1986 by the Board
of Trustees and was filed in the Office of the Secretary of State on December
23, 1986 effective immediately.
References:
Financial disclosure for local
elected officials and certain officers and employees of counties, cities, towns and villages. Gen Mun L § 812.
election by villages, etc.
having a population of less than 50,000 to be subject to provisions of. Gen Mun L § 812; Gen
Mun L § 812(3)
form required. Gen Mun L §
812(3)[a]
Review of financial disclosure
statements. See Gen Mun L § 813 which expired 12/31/92 but is useful for local board of ethics and
governing bodies.