CODE OF ORDINANCES OF THE
VILLAGE OF TUCKAHOE, NEW YORK

Supp. No. 27

PART I
LOCAL LAWS

ARTICLE IX. LOCAL LAW NO. 1 OF 1969 - POLICE CAPTAIN

A local law establishing the office of police captain within the police department of the Village of Tuckahoe, New York. Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows:

§ 1. [Village Law amended.] Section 199-m of the Village Law as added by L. of 1939, C. 300, § 1, effective April 14, 1939,EN is hereby amended in its application to the Village of Tuckahoe, New York, to read as follows: Section 199-m. Police Departments.

The Board of Trustees or municipal board acting as police commissioners of each village of the first, second and third class shall, and of any other village may, instead of appointing policemen for fixed terms, by resolution, establish a police department in such village and appoint a Chief of Police, and such captain and lieutenants of police, sergeants of police, and patrolmen as may be needed, and fix their compensation. The Board of Trustees may submit to the qualified voters of the village at a general or special election a proposition to abolish a police department established pursuant to this section and upon the adoption thereof by a majority of the qualified voters of the village voting upon the proposition, the department shall be deemed abolished. (L.L. No. 1-1969, § 1)

§ 2. [Effective date.] This section [local law] shall take effect immediately. (L.L. No. 1-1969, § 2)

ARTICLE X. LOCAL LAW NO. 1 OF 1970 - CODE OF ETHICS

A local law establishing standards of conduct for officers and employees of the Village of Tuckahoe.

Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows:

§ l. [Purpose.]

Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Village of Tuckahoe recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public conduct is to be maintained in our unit of local government. It is the purpose of this local law to promulgate these rules of ethical conduct for the officers and employees of the Village of Tuckahoe. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Tuckahoe. The rules of ethical conduct of this local law, as adopted, shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. (L.L. No. 1-1970, § 1)

§ 2. Definition.

(a) "Municipal officer or employee" means an officer or employee of the Village of Tuckahoe, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer.

(b) "Interest" means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires. (L.L. No. 1-1970, § 2)

§ 3. Standards of conduct. Every officer or employee of the Village of Tuckahoe shall be subject to and abide by the following standards of conduct:

(a) Gifts. He shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of twenty-five dollars ($25) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part.

(b) Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.

(c) Representation before one's own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.

(d) Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

(e) Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village of Tuckahoe, whether paid or unpaid, who participates in the discussion of or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees, shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.

(f) Investments in conflict with official duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties.

(g) Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties.

(h) Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village of Tuckahoe in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. (L.L. No. 1-1970, § 3)

§ 4. [Liability of village.]

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Village of Tuckahoe or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. (L.L. No. 1-1970, § 4)

§ 5. Distribution of Code of Ethics.

The Mayor of the Village of Tuckahoe shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village of Tuckahoe within seven (7) days after the effective date of this local law. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. (L.L. No. 1-1970, § 5)

§ 6. Penalties.

In addition to any penalty contained in any other provisions of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. (L.L. No. 1-1970, § 6)

§ 7. Effective date.

This local law shall take effect immediately after it is filed as provided in § 27 of the Municipal Home Rule Law. (L.L. No. 1-1970, § 7)

ARTICLE XI. LOCAL LAW NO. 2 OF 1970 - BOARD OF ETHICS

A local law establishing a board of ethics.

Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows: § 1. [Established.]

There is hereby established a Board of Ethics consisting of three (3) members to be appointed by the Mayor and who shall serve without compensation and at the pleasure of the Mayor. A majority of such members shall be persons other than officers or employees of the Village of Tuckahoe, but shall include at least one member who is an elected or appointed officer or employee of the Village of Tuckahoe. (L.L. No. 2-1970, § 1)

§ 2. [Powers and duties.]

The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the Village of Tuckahoe with respect to Article 18 of the General Municipal Law and any Code of Ethics adopted pursuant to such Article, under such rules and regulations as the Board may prescribe. In addition, the Board may make recommendations with respect to the drafting and adoption of a Code of Ethics or amendments thereto upon request of the Board of Trustees. (L.L. No. 2-1970, § 2)

§ 3. [Effective date.]

This local law shall take effect upon filing as provided in § 27 of the General Municipal Law. (L.L. No. 2-1970, § 3)

ARTICLE XII. LOCAL LAW NO. 1 OF 1972 - VILLAGE ORDINANCES

A local law amending Section 90 of the Village Law relating to the enactment, amendment and repeal of ordinances after public hearing and providing for the form, content and recitations of the public notice required if the purpose of the proposed ordinance is to adopt a Code of Ordinances for the Village. Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows. § 1. Section 90 of Village Law amended.

Section 90 of the Village Law, derived from Chapter 64 of the Laws of 1909, as amended by Chapter 701 of the Laws of 1936, as it applies to the Village of Tuckahoe is hereby amended to read as follows:

§ 90. Village ordinances.

The Board of Trustees after a public hearing shall have power to enact, amend and repeal ordinances not inconsistent with existing law, for the government of the village, the management of its business, the preservation of good order, peace, health, safety and welfare of its inhabitants and the protection and security of their property whether such authority is specifically granted by this chapter or other law or necessarily implied therefrom.

The Village Clerk shall give notice of such hearing by the publication of a notice in the official newspaper of the village or by posting a notice in at least four public places in the village specifying the time when and the place where such hearing will be held, and in general terms describing the proposed ordinance. If the purpose of the proposed ordinance is to adopt a Code of Ordinances for the village, the public notice required by this section need not describe all existing ordinances which are being amended or repealed by the Code, nor the effect of the amendment nor describe all new ordinances proposed to be added to the Code. It shall be sufficient if the notice of the proposed ordinance merely recites that the purpose is to effect a codification of the ordinances of the village by adopting a Code of Ordinances. Such notice shall be published once or posted at least seven (7) days prior to the day specified for such hearing. (L.L. No. 1-1972, § l)

§ 2. Effective date.

This local law shall take effect immediately. (L.L. No. 1-1972, § 2)

ARTICLE XIII. LOCAL LAW NO. 2 OF 1972 - PROOF OF ORDINANCES
A local law amending Sections 95 and 96 of the Village Law to facilitate and clarify the manner in which village ordinances after adoption or approval by the Board of Trustees shall be published and become effective and to clarify and simplify proof of ordinances by a certificate issued by the village clerk in compliance with the said local law.

Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows: § 1. Section 95 of Village Law amended.

Section 95 of the Village Law, derived from Chapter 64 of the Laws of 1909, as amended by Chapter 701 of the Laws of 1936, as it applies to the Village of Tuckahoe is hereby amended to read as follows:

§ 95. When ordinances to take effect.

Every ordinance or amendment of an existing ordinance hereafter adopted or approved by the Board of Trustees of the Village of Tuckahoe shall be entered in its minutes and a copy thereof filed in the office of the Village Clerk, and the title and a brief description of the contents of such ordinance shall be published in the official newspaper of the village once before any such ordinance shall take effect, and an affidavit of such filing and publication shall be filed with the Village Clerk.

Any such ordinance or amendment of an existing ordinance shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Village Clerk under the corporate seal of the village and showing the date of its passage and entry in the minutes. (L.L. No. 2-1972, § 1)

§ 2. Section 96 of the Village Law amended.

Section 96 of the Village Law, as added thereto by Chapter 650 of the Laws of 1927, as it applies to the Village of Tuckahoe hereby amended to read as follows:

§ 96. Proof of ordinances.

The certificate of the Village Clerk setting forth that the records of the village show the adoption of one (1) or more ordinances or amendments thereof and the filing of a copy thereof in the office of the Village Clerk, and the publishing of a brief description thereof, as required by this local law, shall be presumptive evidence of its adoption, filing and publication in any action or special proceeding in any court or otherwise. (L.L. No. 2-1972, § 2)

§ 3. Effective date.

This local law shall take effect immediately. (L.L. No. 2-1972, § 3)