[HISTORY: Adopted by the Town Board of the Town of Tonawanda 12-3-1990 by L.L No. 6-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 22.
This chapter is adopted pursuant to the General Municipal Law of the
State of New York, relating in part to conflicts of interest of municipal
officers and employees, in order to establish standards of ethical conduct
expected of public officers and employees of the Town of Tonawanda; to provide
for effective administration of government and its services; to help ensure
high standards of integrity and public service; to provide for annual financial
disclosure by persons listed herein; and to establish a Board of Ethics.
[Amended 4-25-2005 by L.L. No. 2-2005]
The terms used in this chapter, and unless otherwise expressly stated
or unless the context otherwise requires, shall have the same meaning as those
similar terms defined in §§ 800 and 810 of the General Municipal
Law of the State of New York. In addition, the following terms shall be defined
as indicated:
Any individual seeking election to a public office of the federal
government, state, county, municipality, school district or political organization
at an election.
Includes all loans and transfers of money or other things of value
to or by any candidate, elected official or political organization and all
pledges or other commitments or assumptions of liability to make any such
transfer. Contributions shall be deemed to have been made upon the date when
such commitment is made or liability assumed.
Any person claimed as a dependent for federal or state income tax
purposes any time during the preceding calendar year.
A direct or indirect pecuniary or material benefit accruing to a
Town officer or employee as the result of a contract with the Town. For the
purposes of this chapter, a Town officer or employee shall be deemed to have
an interest in the contract of his or her spouse and dependents, except a
contract of employment between the Town and such officer or employee, a firm,
partnership or association of which such officer or employee is a member or
employee, a corporation of which such officer or employee is an officer, director
or employee and a corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.
Any corporation, partnership or any other incorporated or unincorporated
association which is organized to, or does, aid or promote the nomination,
election or defeat of any candidate or candidates for federal, state, county,
municipal or school board office. "Political organization" includes, but is
not limited to, organizations otherwise defined as a "political committee,"
"joint candidates committee" and legislative leadership committee."
Buildings, land vehicles, phones, fax machines, computers or other
office equipment or supplies and other real or personal property owned, leased
or controlled by the Town, except for public roads.
To seek, by oral or written communication, a contribution, as same
is defined herein.
This Town and any officer, department, board, commission or agency
thereof.
Any officer or employee of the Town of Tonawanda, whether paid or
unpaid, whether serving in a full-time, part-time or advisory capacity, but
not including any judge, justice, officer or employee of the Unified Court
System, or any person deemed to be a municipal officer or employee solely
by reason of being a volunteer fireman or civil defense volunteer.
This chapter shall be applicable to all Town of Tonawanda employees.
The Town of Tonawanda Board of Ethics, created by this chapter, shall have
jurisdiction over all Town employees, exclusive of those employed by the Village
of Kenmore.
Except as provided in this chapter:
A.
No Town employee shall have an interest in any contract
with the Town, when such Town employee, individually or as a member of a board,
has the power or duty to:
B.
The Supervisor, Comptroller or his deputy or employee
shall not have an interest in a bank or trust company designated as a depository,
paying agent, registration agent or for investment of funds of the Town of
Tonawanda. The provisions of this section shall in no event be construed to
preclude the payment of lawful compensation and necessary expenses of any
Town employee in one or more positions of public employment, the holding of
which is not prohibited by law. No Town employee or former Town employee shall
maintain, solicit or accept future or present employment in conflict in any
manner whatsoever with the discharge of the duties and functions of that Town
office or employment.
A.
Any Town employee who has, will have or later acquires
an interest in any actual or proposed contract with the Town of Tonawanda
shall publicly disclose the nature and extent of such interest in writing
to the Town Board as soon as he or she has knowledge of such actual or prospective
interest. Such written disclosure shall be made part of and set forth in the
official record of the proceedings of the Town Board. Once disclosure has
been made by a Town employee with respect to an interest in a contract with
a particular person, firm, corporation or association, no further disclosures
need be made by such Town employee with respect to additional contracts with
the same party during the remainder of the fiscal year.
No Town employee shall:
A.
Directly or indirectly, solicit any gift or accept or
receive any gift having a value of $75 or more, whether in the form of money,
service, loan, travel, entertainment, hospitality, thing or promise, or in
any other form.
B.
Disclose confidential information acquired in the course
of official duties or use such information to further personal interests.
C.
Receive or enter into any agreement, express or implied,
for compensation for services to be rendered in relation to any matter before
any Town agency of which he or she is an officer, member or employee or over
which he or she has jurisdiction or to which he or she has the power to appoint
any member, officer or employee.
D.
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 the Town, whereby his or her compensation is to be dependent
or contingent upon any action by such agency with respect to such matter,
provided that this subsection shall not prohibit the fixing at any time of
fees based upon the reasonable value of the services rendered.
Every application, petition or request submitted for a variance, amendment,
change of zoning, approval of a plat, exemption from a plat or official map,
license or permit, pursuant to the provisions of any ordinance, local law,
rule or regulation constituting the zoning and planning regulations of the
Town shall state the name, residence and the nature and extent of the interest
of any Town employee, or of a municipality of which the Town is a part, in
the person, partnership or association making such application, petition or
request (hereinafter called the applicant) to the extent known to such applicant.
A.
For the purpose of this subsection a Town employee shall
be deemed to have an interest in the applicant when the Town employee, a spouse
or their brothers, sisters, parents, children, grandchildren or the spouse
of any of them:
(1)
Is the applicant.
(2)
Is an officer, director, partner or employee of the applicant.
(3)
Legally or beneficially owns or controls stock of a corporate
applicant or is a member of a partnership or association applicant.
(4)
Is a party to an agreement with such an applicant, express
or implied, whereby he or she may receive any payment or other benefit, whether
or not for services rendered, dependent or contingent upon the favorable approval
of such application, petition or request.
B.
Ownership of less than 5% of the stock of a corporation
whose stock is listed on the New York or American Stock Exchanges shall not
constitute an interest for the purposes of this section.
The Town Clerk of the Town of Tonawanda shall file in the office of
the State Comptroller:
A.
A copy of this Code of Ethics or any amendments thereto,
within 30 days after the adoption of such code or amendment.
B.
A statement that the Town of Tonawanda has established
a Board of Ethics, in accordance with § 808 of the General Municipal
Law of the State of New York, and the composition of such Board, within 30
days after the establishment of such Board.
The Supervisor of the Town of Tonawanda shall cause a copy of the most
recent Article 18 of the General Municipal Law of the State of New York, or
any amendment thereto, to be kept posted in each public building under the
jurisdiction of the Town of Tonawanda in places conspicuous to its Town employees.
Along with such copy, the Supervisor shall post a copy of this chapter. Failure
to post any such copy shall have no effect on the duty of compliance with
any such Town laws, nor with the Town's enforcement of the provisions
thereof.
[Amended 4-25-2005 by L.L. No. 2-2005]
A.
There is established the Town of Tonawanda Board of Ethics
(hereinafter referred to as "Board of Ethics"), and the Town Board may appropriate
moneys for maintenance and personal services in connection therewith as allowed
by law. The members of such Board of Ethics shall be appointed by and serve
at the pleasure of the Supervisor of the Town of Tonawanda subject to the
review and acceptance of the Town Board. The Board of Ethics shall consist
of at least five members, a majority of whom shall not be otherwise officers
or employees of the Town of Tonawanda or any adjoining municipality, and at
least one of whom shall be an elected or appointed officer or employee of
the Town of Tonawanda. All members shall be residents of the Town of Tonawanda,
inclusive of the Village of Kenmore. At least one member shall be affiliated
with a different political party from other members.
B.
The members of the Board shall be appointed within 60
days of the establishment of the Board and no later than January 20 of each
year thereafter. When a vacancy occurs in the membership of the Board of Ethics,
it shall be filled for only the unexpired portion of the vacant term, in the
same manner as the original appointment, no later than 30 days after the vacancy
occurs.
C.
The Board of Ethics shall render advisory opinions to
Town employees with respect to Article 18 of the General Municipal Law of
the State of New York, any code of ethics adopted within the Town of Tonawanda
pursuant thereto, and this Code of Ethics. Such advisory opinions shall be
rendered pursuant to the written request of any such Town employee under such
rules and regulations as the Board may prescribe and shall have the advice
of counsel which shall be employed by the Board of Ethics.
D.
The duties of the Board of Ethics shall extend to only
the Town of Tonawanda and its agencies and shall not extend into any other
municipality within the Town that has established its own Board of Ethics.
E.
The Board of Ethics shall be the repository for completed
annual statements of financial disclosure and shall notify the temporary or
permanent commission on local government ethics, if either such commission
is in existence, and, if not, shall file a statement with the Town Clerk of
the Town of Tonawanda that it is the authorized repository for completed annual
statements of financial disclosure and that, on account thereof, such completed
statements will be filed with it and not with the Commission. Should any local
law, ordinance or resolution hereafter be adopted which provides for the filing
of such completed annual statements with the temporary state commission on
local government ethics instead of with such Board of Ethics, such Board of
Ethics shall notify the temporary state commission on local government ethics
of that fact.
F.
Pursuant to the General Municipal Law of the State of
New York, the Board of Ethics is hereby conferred power to enforce the filing
provisions of this chapter, including to promulgate rules and regulations
of the same import as those promulgated by the state commission on local government
ethics.
G.
Each member of the Board of Ethics shall serve until
his or her successor has been appointed. The term of office of each member
of the Board shall be five years and shall expire on December 31 of the year
of expiration; however, respective Board members first appointed shall serve
for terms of office which shall expire on December 31 of the successive years
following the year of appointment so that no two of the terms of office of
the first appointed shall expire on the same December 31.
A.
The herein referenced annual statement, entitled "Annual
Statement of Financial Disclosure," is designed to assure yearly financial
disclosure by listed Town employees, including all elected local officials,
of the items of information set forth therein.
B.
Employees required to file; filing date.
(1)
Persons occupying the following listed offices, employment
title classifications and elected offices are required to complete and file
annually the herein referenced Annual Statement of Financial Disclosure with
the Board of Ethics:
(a)
Town Board.
(b)
Assessment Review Board.
(c)
Commission for the Conservation of the Environment.
(d)
Deferred Compensation Board.
(e)
Planning Board.
(f)
State Environmental Quality Review Board.
(g)
Merit Award Board.
(h)
Plumbing Board.
(i)
Tonawanda Housing Authority.
(j)
Library Board.
(k)
Zoning Board of Appeals.
(l)
Assessor.
(m)
Chief of Police.
(n)
Comptroller.
(o)
Deputy Town Attorney.
(p)
Director of Labor Relations.
(q)
Receiver of Taxes.
(r)
Superintendent of Highways.
(s)
Code Enforcement Officer.
[Amended 3-26-2007 by L.L. No. 2-2007]
(t)
Town Attorney.
(u)
Town Engineer.
(v)
Board of Ethics.
(w)
Any department head or deputy department head not enumerated
above.
(2)
Such statement shall be filed on or before the 15th day
of May first following enactment of this chapter with respect to the preceding
calendar year, and annually thereafter.
C.
The Annual Statement of Financial Disclosure shall be
signed and filed with the Town Board of Ethics, which shall designate one
of its members to receive such statements.
D.
Exceptions with respect to complying with timely filing
of disclosure statements due to justifiable cause or undue hardship may be
made by the Board of Ethics pursuant to rules and regulations it shall prescribe
governing extensions, additional periods of time and impositions of time limits
for such extensions.
E.
The form of financial disclosure to be completed and
filed by the persons subject to the filing requirement(s) of this chapter
shall be established by Town Board resolution and kept by the Board of Ethics.
Blank samples shall be made available for public inspection by the Board of
Ethics. Amendments to the form may be made only upon recommendation of the
majority of the Board of Ethics and Town Board resolution.
[Added 4-25-2005 by L.L. No. 2-2005]
It is hereby found and determined that political contributions could
have the appearance of a negative impact on government decision making; and
that a conflict may arise between the business of political fundraising and
the business of government in the Town, which may cause a distraction from
the people's business. The most appropriate method to prevent this conflict
and to ensure the integrity of government decisions is to prohibit political
fundraising by the use of public property by Town employees. The paramount
public interest in a clean and accountable government requires the prohibition
of political fund raising on public property and/or by the use of public facilities
by Town employees.
A.
Solicitation of political contributions on public property
is prohibited.
(1)
No Town employee may solicit, commit to pay or receive
payment of, or a commitment to pay any contribution for any candidate, elected
official or political organization while in or on the property of the Town
or utilizing the property of the Town.
(2)
Exception to prohibition. The prohibition contained in § 10-11.1A(1) shall not apply to Town facilities that are made available to individuals, groups or organizations, including political organizations, for private events. Such Town facilities are made available pursuant to Town policy on an equal, nondiscriminatory basis.
B.
Prohibited forms of fundraising. Prohibited forms of
fundraising shall include, but not be limited to:
(1)
Soliciting or accepting contributions using Town telephones,
fax machines or computers.
(2)
Soliciting or accepting contributions using personal
telephones while on the property of the Town.
(3)
Soliciting or accepting contributions through the use
of publicly owned computers or privately owned personal computers while on
the property of the Town.
(4)
Use of Town letterhead or stationary to solicit or accept
contributions.
(5)
Sending correspondence from Town buildings or by the
use of Town services, equipment or postage.
(6)
Face-to-face soliciting of a Town employee, individual
or an owner or representative of a business entity while on the property of
the Town.
(7)
Directly or indirectly coercing, attempting to coerce
or commanding a Town employee to pay, lend or contribute anything of value
to a political party, or to a committee, organization, agency or person for
political purposes.
(8)
Use of automobiles owned or leased by the Town to accept
or solicit contributions.
C.
No Town employee in the course of employment shall provide
the names and home addresses of any Town employee for purposes of solicitation
of political contributions or election campaign assistance.
D.
No Town employee shall require any Town employee to engage
in any campaign activities related to the election of any candidate or candidates.
No Town employee shall engage in any type of partisan political activity while
on Town time or while the employee should be at work.
E.
Whistleblower provision. It shall be unlawful for any
employee, elected official or appointee to be dismissed, reprimanded, retaliated
against or otherwise intimidated for reporting any prohibited conduct mandated
by this chapter.
[Added 4-25-2005 by L.L. No. 2-2005]
No Town employee, on behalf of himself or anyone else, shall attempt
to intervene in the affairs or business of any Town department or office for
personal or political gain.
A.
A reporting individual who knowingly and willfully violates
any provision of this chapter or fails to file an Annual Statement of Financial
Disclosure or who knowingly and willfully with intent to deceive makes a false
statement or gives information which such individual knows to be false on
such Statement of Financial Disclosure filed pursuant to this chapter shall
be subject to a civil penalty in an amount not to exceed $10,000 and suspension
or removal from office or employment as provided in the Public Officers Law,
Article 3, § 36; the Civil Service Law, Article 5, § 75;
or other applicable laws. Assessment of a civil penalty hereunder shall be
made by the Board of Ethics. For a violation of this chapter, other than for
conduct which constitutes a violation of § 73, Subdivision 12 of
the Public Officers Law of the State of New York, the Board of Ethics may,
in lieu of a civil penalty, refer a violation to the appropriate prosecutor
and, upon such conviction, but only after such referral, such violation shall
be punishable as a class A misdemeanor. A civil penalty for false filing may
not be imposed hereunder in the event a category of value or amount reported
hereunder is incorrect unless such reported information is falsely understated.
B.
Notwithstanding any other provision of law to the contrary,
no other penalty, civil or criminal may be imposed for a failure to file or
for a false filing of such statement, except that the appointing authority
may impose disciplinary action as otherwise provided by law.
C.
The Board of Ethics shall adopt rules governing the conduct
of adjudicatory proceedings and appeals relating to the assessment of the
civil penalties herein authorized. Such rules shall provide for due process
procedural mechanisms substantially similar to those set forth in Article
3 of the State Administrative Procedure Act but such mechanisms need not be
identical in terms or scope.
D.
Assessment of a civil penalty shall be final unless modified,
suspended or vacated within 30 days of imposition and upon becoming final
shall be subject to review at the instance of the affected reporting individual
in a proceeding commenced against the appropriate body, pursuant to Article
78 of the Civil Practice Law and Rules of the State of New York.
[Added 4-25-2005 by L.L. No. 2-2005]
All Town officials, employees and appointees shall receive a copy of
this chapter.
