Unless otherwise stated or unless the context otherwise requires,
when used in this chapter, the following terms shall have the meanings
indicated:
APPEAR and APPEAR BEFORE
Communicating in any form, including, without limitation,
personally, through another person, by letter, by e-mail or other
electronic means, or by telephone.
CUSTOMER or CLIENT
A.
Any person to whom a Town officer or employee has supplied goods
or services during the previous 12 months having, in the aggregate,
a value greater than $5,000; or
B.
Any person to whom a Town officer's or employee's outside employer
or business has supplied goods or services during the previous 24
months having, in the aggregate, a value greater than $5,000, but
only if the Town officer or employee knows or has reason to know the
outside employer or business supplied the goods or services.
GIFT and FINANCIAL BENEFIT
Includes any money, service, license, permit, contract, authorization,
loan, travel, entertainment, hospitality, or any promise thereof,
or any other gratuity or promise thereof or anything of value. A financial
transaction may be a financial benefit but shall not be a gift unless
it is on terms not available to the general public. "Gift" and "financial
benefit" do not include campaign contributions permitted by law.
MINISTERIAL ACT
An administrative act carried out in a prescribed manner
not allowing for substantial personal discretion.
OUTSIDE EMPLOYER OR BUSINESS
A.
Any activity, other than service to the Town, from which the
Town officer or employee receives compensation for services rendered
or goods sold or produced;
B.
Any entity, other than the Town, of which the Town officer or
employee is a member, officer, director, or employee and from which
he or she receives compensation for services rendered or goods sold
or produced; or
C.
Any entity in which the Town officer or employee has an ownership
interest of 5% or more.
D.
For purposes of this definition, "compensation" shall not include
reimbursement for necessary expenses, including travel expenses.
PERSON
Includes individuals and entities.
RELATIVE
A spouse, ex-spouse, child, stepchild, sibling, half-brother,
half-sister, parent, stepfather, stepmother, mother-in-law, father-in-law,
brother-in-law, sister-in-law, partner, cohabitant, grandparent, grandchild,
uncle, aunt, niece, nephew, and first cousin. "Relative" shall also
include any person claimed as a dependent on the New York State individual
tax return of a Town officer or employee.
TOWN
The Town of Southeast.
TOWN AGENCY
Any Town of Southeast department or division, board, commission
or bureau of any Town of Southeast department, but shall not include
the Town Court.
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town, whether paid or unpaid,
elected or appointed, hired or retained, and includes, without limitation,
all members of any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau, or
Board of Ethics of the Town. "Town officer or employee" shall not
include:
A. A volunteer firefighter or civil defense volunteer.
The provisions shall not prohibit:
A. An action specifically authorized by statute, rule, or regulation
of the State of New York or of the United States.
C. Gifts accepted on behalf of the Town and transferred to the Town.
D. Gifts or benefits permitted in § 11 of the Domestic Relations
Law of the State of New York for the solemnization of a marriage by
a Town officer or employee.
E. An award to a Town officer or employee from a charitable organization,
and complimentary attendance by the Town officer or employee and his
or her relatives at an event or function at which the award is presented,
provided that, if the charitable organization contracts with or otherwise
applies for or receives funding from the Town, the amount or value
of such award is $75 or less.
F. Representation of constituents by elected officials without compensation
in matters of public advocacy.
G. Complimentary attendance by a Town officer or employee at a private
organization's event or function, including a meal or meals furnished
to all attendees, provided that:
(1) The Town officer or employee reasonably determines that his or her
attendance at the event or function is necessary or desirable for
the proper performance of his or her Town duties and responsibilities;
and
(2) The cost of transportation to or from the event or function and/or the cost of any lodging in connection with the event or function, if provided by or on behalf of the private organization, shall not be exempt from the prohibitions of §
18-3.
A Town officer or employee shall promptly report to the Board
of Ethics any attempt by any other person to induce him or her to
violate any of the provisions of this chapter, whether or not the
other person is also a Town officer or employee.
Any contract willfully entered into by or with the Town in which
there is an interest prohibited by Article 18 of the General Municipal
Law or this chapter shall be null, void and wholly unenforceable;
and a contract which involves a failure to make a disclosure required
by this chapter shall be null, void and wholly unenforceable unless
ratified by the Town Board after the requisite disclosure is made.
All contracts entered into between the Town and any vendor or individual
shall contain a provision acknowledging the parties have read, understood,
and agree to be bound by the provisions of this chapter.
Any resident, officer, or employee of the Town may initiate
an action or special proceeding, as appropriate, in a court of appropriate
jurisdiction for injunctive relief to enjoin an officer or employee
of the Town from violating this chapter or to compel an officer or
employee of the Town to comply with the provisions of this chapter.
In lieu of, or in addition to, injunctive relief, the action or special
proceeding, as appropriate, may seek a declaratory judgment.
All annual financial disclosure statements required hereunder
shall be filed with and retained by the Board of Ethics. Disclosure
thereof shall be made only pursuant to law, and the Board of Ethics
may adopt appropriate rules and regulations to enforce the various
provisions of this chapter. The Board of Ethics shall destroy all
disclosure forms submitted in accordance with this chapter pursuant
to the Records Retention and Disposition Schedule as issued by the
New York State Education Department.
When a vacancy occurs in the membership of the Board of Ethics, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as the original appointment. Any person appointed to fill a vacancy on the Board of Ethics shall meet the qualifications set forth in §
18-12.
A Board of Ethics member may be removed from office in the same manner in which he or she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in §
18-12, chronic absenteeism, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter.
At its first meeting each year, the Board of Ethics shall elect
a Chair from among its members. A majority of the Board shall be required
for the Board to take any action. The Chair or a majority of the Board
may call a meeting of the Board.
The Board of Ethics may refer any matter to the Town Attorney/Counsel
for a determination whether to initiate an action or special proceeding,
as appropriate, in a court of appropriate jurisdiction for injunctive
relief to enjoin a violation of this chapter or to compel compliance
with this chapter.
[Amended 3-5-2020 by L.L. No. 2-2020]
Town Accountant/Controller
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Town Architectural Review Board members (ARB)
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Town Assessor
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Town Attorney/Counsel
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Town Board of Assessment Review members
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Town Board members
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Town Building Inspector
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Town Clerk
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Town Code Enforcement Officers
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Town Ethics Board members
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Town Justices
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Town Planning Board members
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Town Special Districts Coordinator
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Town Highway Superintendent
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Town Supervisor
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Town Receiver of Taxes
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Town Zoning Board of Appeals members (ZBA)
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