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.