No Town officer or employee shall use his or her Town position
or official powers and duties to secure a material benefit, whether
financial or otherwise, for:
A.
Himself or herself.
B.
A relative or member of his or her household.
C.
Any private organization in which he or she has an interest.
D.
A client or customer from which the officer or employee knows that
he or she, his or her outside employer, firm, limited-liability company,
partnership or association, or corporation in which he or she is the
owner of more than 5% of the outstanding corporate stock, directly
or indirectly derived income in excess of $5,000 during the previous
24 months, or
E.
A person from whom the officer or employee has received a private
loan or loans, or a gift or gifts, having an aggregate value of $75
or more during the previous 12 months.
A.
No Town officer or employee shall have an interest in any contract
with the Town, when such officer or employee, individually or as a
member of a board or commission, has the power or duty, whether or
not exercised, to:
B.
For the purposes of this section, the term "contract" means any claim,
account or demand against or agreement with the Town, express or implied.
C.
Notwithstanding the foregoing, for the purposes of this section,
the term "contract" shall not include:
(1)
The designation of a bank or trust company as a depository, paying
agent, registration agent or for investment of Town funds except when
the chief fiscal officer, treasurer, or his deputy or employee, has
an interest in such bank or trust company; provided, however, that
where designation of a bank or trust company outside the Town would
be required because of the foregoing restriction, a bank or trust
company within the municipality may nevertheless be so designated;
(2)
A contract with a person, firm, corporation or association in which
a Town officer or employee has an interest which is prohibited solely
by reason of his or her status as an officer or employee thereof,
if the compensation from such employment will not be directly affected
as a result of the contract and the duties of such employment do not
directly involve the procurement, preparation or performance of any
part of the contract;
(3)
The designation of a newspaper, including but not limited to an official
newspaper, for the publication of any notice, resolution, ordinance
or other proceeding where such publication is required or authorized
by law;
(4)
The purchase by the Town of real property or an interest therein,
provided the purchase and the consideration therefor is approved by
order of the supreme court upon petition of the Town Board;
(5)
The acquisition of real property or an interest therein, through
condemnation proceedings according to law;
(6)
A contract with a membership corporation or other voluntary nonprofit
corporation or association;
(7)
The sale of bonds and notes pursuant to Section 60.10 of the Local
Finance Law;
(8)
A contract in which a Town officer or employee has an interest if
such contract was entered into prior to the time he or she was elected
or appointed as such officer or employee, but this paragraph shall
in no event authorize a renewal of any such contract;
(9)
A contract with a corporation in which a Town officer or employee
has an interest by reason of stockholdings when less than 5% of the
outstanding stock of the corporation is owned or controlled directly
or indirectly by such officer or employee;
(10)
A contract for the furnishing of public utility services at rates
or charges that are fixed or regulated by the public service commission;
(11)
A contract for the payment of a reasonable rental of a room or rooms
owned or leased by a Town officer or employee, used in the performance
of his or her official duties, and designated as an office or chamber;
(12)
A contract for the payment of a portion of the compensation of a
private employee of an officer when such employee performs part time
service in the official duties of the office;
(13)
A contract in which a Town officer or employee has an interest if
the total consideration payable thereunder, when added to the aggregate
amount of all consideration payable under contracts in which such
person had an interest during the fiscal year, does not exceed the
sum of $750.
(14)
A contract with a member of a private industry council stablished
in accordance with the federal job training partnership act or any
firm, corporation or association in which such member holds an interest,
provided the member discloses such interest to the council and the
member does not vote on the contract.
No Town officer or employee shall participate in any decision or take any official action requiring the exercise of discretion, including discussing, deliberating or voting on a matter, when he or she knows or has reason to know that the action may confer a direct or indirect, material, financial or other benefit on a person or entity specified in § 30-4 of this chapter.
A.
The requirements relating to recusal set forth in § 30-6 of this chapter, and the disclosure requirements set forth in Article III of this chapter, shall not apply with respect to the following matters:
(1)
Adoption of the Town's annual budget;
(2)
Any matter requiring the exercise of discretion that directly affects
any of the following groups of people or a similarly situated class
of such people:
(3)
Any ministerial matter (a matter that does not require the exercise
of discretion);
(4)
Uncompensated participation by a member of the Town Board, or by
a Town Board member's staff on behalf of such member, in public advocacy
whether or not on behalf of a constituent;
(5)
Appearance by a Town employee before a Town department, agency, board
or commission in a representative capacity on behalf of an employee
organization in any matter where such appearance is duly authorized
by the employee organization;
(6)
Uncompensated participation in public advocacy by a Town officer
or employee who serves as a political party chairperson;
B.
Recusal shall not be required, but disclosure pursuant to Article II of this chapter shall be required, with respect to any matter:
(1)
Which comes before a board or commission when a majority of the entire
membership of the board or commission would otherwise be prohibited
from acting; or
(2)
Which comes before a Town officer when the officer would be prohibited
from acting and the matter cannot be lawfully delegated to another
person.
A.
No elected Town official or Town employee serving as staff to the
Town Board or to a Town Board member, shall receive or agree to receive,
directly or indirectly, any compensation for consulting or advisory
services in connection with any proposed local law or resolution of
the Town Board.
B.
No Town officer or employee shall ask for, pursue or accept a private
secondary employment opportunity with any person or organization that
has a matter requiring the exercise of discretion pending before the
Town officer or employee, either individually or as a member of a
board or commission, while the matter is pending or within the 30
days following final disposition of the matter.
C.
No Town officer or employee, during his or her tenure as a Town officer
or employee, shall engage in any secondary employment, or engage in
any business, commercial, or professional activity, when the secondary
employment or business, commercial or professional activity:
(1)
Involves duties that are incompatible with those of the official
duties of the Town officer or employee;
(2)
May be reasonably expected to require frequent and inevitable recusal;
(3)
May be reasonably expected to require disclosure or personal use
of confidential information gained by reason of serving as a Town
officer or employee;
(4)
Pursuant to which the officer or employee will receive, or enter
into any agreement, express or implied, to receive compensation for
services to be rendered in connection with any matter before any Town
department, agency, board or commission of which he or she is an officer,
member or employee or of any Town department, agency, board or commission
over which he or she has jurisdiction or to which he has the power
to appoint any member, officer or employee;
(5)
Pursuant to which the officer or employee will receive, or enter
into any agreement, express or implied, to receive compensation for
services to be rendered in connection with any matter before any Town
department, agency, board or commission, whereby his compensation
is to be dependent or contingent upon any action by such department,
agency, board or commission 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; or
(6)
Involves the representation of a person or organization other than
the Town in connection with any application, request, claim or proposal
before any Town department, agency, board or commission, or any litigation,
negotiations or matter requiring the exercise of discretion to which
the Town is a party; or
(7)
Pursuant to which the officer or employee will receive, or enter
into any agreement, express or implied, to receive compensation for
services rendered in connection with any application, request, claim
or proposal before any Town department, agency, board or commission,
or any litigation, negotiations or matter requiring the exercise of
discretion to which the Town is a party.
A.
No Town officer or employee shall ask for, pursue or accept a private
post-government employment opportunity with any person or organization
that has a matter requiring the exercise of discretion pending before
the Town officer or employee, either individually or as a member of
a board or commission, while the matter is pending or within the 30
days following final disposition of the matter.
B.
No Town officer or employee, for the one-year period after serving
as a Town officer or employee, shall appear before or communicate
in any form with the Town office, board, department or comparable
organizational unit for which he or she served, except on behalf of
the state or a political subdivision or instrumentality thereof, or
in furtherance of the interests of the Town with the approval of the
Board of Ethics upon application of the his or her former Town department,
agency, board or commission.
C.
No Town officer or employee, at any time after serving as a Town
officer or employee, shall represent or render services to a private
person or organization in connection with any particular matter in
which he or she personally and substantially participated while serving
as a Town officer or employee, except on behalf of the state or a
political subdivision or instrumentality thereof, or in furtherance
of the interests of the Town with the approval of the Board of Ethics
upon application of a Town department, agency, board or commission.
No independent contractor or employee of an independent contractor
of the Town shall seek to exert undue influence, or to obtain an undue
preference, on behalf of a private interest, directly or indirectly,
in a matter before any Town department, agency, board or commission.
A violation of this section shall be cause for termination of the
independent contractor's engagement with the Town.
This code shall not be construed as prohibiting a Town officer
or employee or an independent contractor of the Town from:
A.
Seeking or accepting Town services, benefits, or the use of Town
facilities, on the same terms and conditions as are available to Town
residents or a class of similarly situated Town residents.
B.
Representing, without compensation, himself or herself, a relative,
or a member of his or her household before a Town department, agency,
board or commission other than the one served by the Town officer,
employee or independent contractor; or
A.
Town resources shall be used only for lawful Town purposes. Town
resources include, but are not limited to, Town personnel, compensated
time, money, vehicles, equipment, letterhead, materials, supplies
or other property.
B.
No Town officer or employee shall use or permit the use of Town resources
for personal or private purposes, but this provision shall not be
construed as prohibiting:
(1)
Any use of Town resources authorized by law, Town policy or collective
bargaining agreement to which the Town is a party;
(2)
The use of Town resources for personal or private purposes when provided
to a Town officer or employee as part of his or her compensation;
or
(3)
The occasional and incidental use of Town telephones and computers
for necessary personal, nonbusiness matters such as family care and
changes in work schedule.
C.
No Town officer or employee shall cause the Town to spend more than
is reasonably necessary for transportation, meals or lodging in connection
with official travel.
Except as otherwise required by law:
A.
No Town officer or employee, either individually or as a member of
a Town Board or commission, shall participate in any decision to appoint,
hire, promote, discipline or discharge a relative or a member of his
or her household.
B.
No Town officer or employee shall supervise a relative or member
of his or her household in the performance of such person's official
duties.
A.
No Town officer or employee shall directly or indirectly use his
or her authority or official influence to compel or induce a subordinate
Town officer or employee to make or promise to make any political
contribution, whether by gift of money, service or other thing of
value.
B.
No Town officer or employee shall act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any Town officer or employee, or an applicant for a position as a
Town officer or employee, on the basis of the giving or withholding
or neglecting to make any contribution of money or service or any
other valuable thing for any political purpose.
No current or former Town officer or employee shall disclose
confidential information concerning the property, government or affairs
of the Town or any other confidential information of an official character
obtained as a result of Town employment, except when disclosure is
required by law or when such information is otherwise available to
the public, nor shall be or she use such information to advance the
financial or other private interest of himself or herself or others.
A.
No Town officer or employee shall directly or indirectly solicit
any gift, tip or other benefit from a person who has received or sought
a financial benefit from the Town within the previous 24 months.
B.
No Town officer or employee shall accept any gift, tip or other benefit
from a person who the Town officer or employee knows or has reason
to know has received or sought a financial benefit from the Town within
the previous 24 months.
C.
No Town officer or employee shall solicit, accept or agree to accept
any gift, tip or other benefit for having engaged in official conduct
which he or she was required or authorized to perform, and for which
he or she was not entitled to any special or additional compensation.
D.
No Town officer or employee shall accept or receive any gift, tip
or other benefit having a value of $75 or more, or multiple gifts,
tips or other benefits from the same donor in a twelve-month period,
having an aggregate value of $75 or more when:
(1)
The gift, tip or other benefit would reasonably appear to be intended
to influence the officer or employee in the exercise or performance
of his or her official duties;
(2)
The gift, tip or other benefit would reasonably be expected to influence
the officer or employee in the exercise or performance of his or her
official duties; or
(3)
The gift, tip or other benefit would reasonably appear to be intended
as a reward for any official action on the part of the officer or
employee.
E.
For purposes of this section, a "gift, tip or other benefit" includes
anything of value, whether in the form of money, service, loan, travel,
entertainment, hospitality, thing or promise, or in any other form.
The value of a gift, tip or other benefit shall be deemed to be its
fair market value, determined by the retail cost of the item or a
comparable item. The fair market value of a ticket entitling the holder
to food, refreshments, entertainment, or any other benefit shall be
deemed to be the face value of the ticket, or the actual cost to the
donor, whichever is greater.
F.
Notwithstanding the foregoing, this section shall not prohibit:
(1)
Gifts made to the Town and duly accepted on the Town's behalf;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when it is reasonable to conclude that the personal
relationship, rather than the recipient's status as a Town officer
or employee, is the primary motivating factor for the gift;
(3)
Gifts given on nonrecurring special occasions, such as marriage,
illness, or retirement, which are reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of less than $75, which are publicly
presented in recognition of service as a Town officer or employee,
or other service to the community; or
(6)
Incidental meals and refreshments provided when a Town officer or
employee is a speaker or participant at a job-related professional,
charitable, educational, or community conference, program or event;
(7)
Gifts or benefits having a value of $100 or less that are received
by a Town officer or employee serving in a capacity listed in Section
11 of the Domestic Relations Law for the solemnization of a marriage
by the officer or employee at a place other than his or her normal
public place of business or at a time other than his or her normal
hours of business;
(8)
Gifts or benefits having a value of $75 or less that are received
by a marriage officer appointed by the Town Board pursuant to Section
11-c of the Domestic Relations Law and serving without salary or wage,
for the solemnization of a marriage by the officer or employee.
No Town officer, employee or independent contractor shall induce
a Town officer, employee or independent contractor to violate, nor
aid a Town officer, employee or independent contractor in violating,
any of the provisions of this chapter.
