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.