This chapter may be cited as the "Town of Grand
Island Code of Ethics."
This chapter is enacted pursuant to Article
18 of the General Municipal Law and in recognition of the policy of
the State of New York and the Town of Grand Island to maintain the
highest standards of integrity and public service. It is intended
to afford Town officers and employees guidance in conforming to ethical
standards, to promote public confidence in the integrity of Town government,
to require public disclosure of financial interests that may influence
or be perceived as influencing actions of Town officers and employees,
to minimize unwarranted suspicion and to provide for fair and effective
administration of this code. This code shall be in addition to all
of the restrictions, standards and provisions pertaining to the conduct
of Town officers and employees.
As used in this chapter, the following terms
shall have the meanings indicated:
AGENCY
Any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau or
committee of the Town of Grand Island; and shall include but not be
limited to the Zoning Board of Appeals, Planning Board and any and
all other duly established boards, committees, commissions and other
groups of any nature that may lawfully be subject to this chapter.
BUSINESS DEALING
Having or providing any contract, service or work with the
municipality; buying, selling, renting, leasing or otherwise acquiring
from or dispensing to a municipality any goods, services or property;
or applying for, petitioning, requesting or obtaining any approval,
grant, loan, license, permit or other privilege from the municipality.
DISCRETIONARY ACT
Any action involving the exercise of judgment or discretion
by a municipal officer or employee, either individually or as a member
of any agency, and includes but is not limited to negotiation, approval,
advice, recommendation, authorization or audit.
FAMILY MEMBER
A spouse, child, stepchild, brother, sister, parent or dependent
of a municipal officer or employee.
MINISTERIAL ACT
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
PAID TOWN OFFICER, EMPLOYEE OR OFFICIAL
Any Town officer, employee or official who receives a salary
from the Town or who is compensated by the Town on a per diem or hourly
basis, but does not include a Town officer, employee or official who
is solely reimbursed by the Town for expenses incurred in the course
of his or her duties.
PARTICULAR MATTER
Any business dealing with the Town or any application therefor
or any case, proceeding, determination, investigation, charge, accusation
or arrest or any other matter involving a discretionary act of a Town
officer or employee, but does not include the proposal, consideration
or enactment of local laws, ordinances or regulations of general application.
PERSON
An individual, corporation, partnership, unincorporated association
and all other entities.
SPOUSE
A husband or wife from whom the Town officer or employee
is not legally separated.
TOWN
The Town of Grand Island, and includes all agencies thereof
and officers, employees and officials thereof.
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town of Grand Island, whether
paid or unpaid, including public officials and all other members of
any agency in the Town of Grand Island, but does not include the Town
Justices, officers or employees of the Unified Court System. Volunteer
firemen and civil defense volunteers shall not be deemed to be "Town
officers or employees."
TOWN OFFICIAL
Any Town officer or employee who has the authority, either
alone or as a member of an agency, to perform discretionary acts on
behalf of the Town with respect to any business dealing. "Town official"
shall not include Town Justice and any Town officer or employee who
performs only ministerial acts and duties.
Transitional disclosure statements and annual
disclosure statements shall be a matter of public record and shall
be filed and indexed with the Town Clerk. The Town Clerk shall retain
such disclosure statements for a period of not less than seven years
from the date of filing.
Every Town officer or employee shall report
to the Erie County District Attorney or the Town Attorney any action
which may reasonably be interpreted as an improper attempt to influence
him in the conduct of his office.
[Amended 10-15-2012 by L.L. No. 3-2012]
The Town Clerk shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Town
within 20 days of the effective date of this chapter. Thereafter,
the Town Clerk shall cause a copy of this Code of Ethics to be distributed
to every Town officer or employee elected or appointed thereafter
prior to the commencement of the duties of his or her office or employment.
Failure to distribute any such copy or failure of any officer or employee
to receive such copy shall have no effect on the duty of compliance
with such code, or the enforcement of provisions thereof.