The purpose of this chapter is to establish
minimum standards of ethical conduct for Town officers and employees,
to help ensure that the business of government is free from improper
influence that may result from opportunities for private gain. At
the same time, it is recognized that public service cannot require
a complete divesting of all proprietary interest nor impose overly
burdensome disclosure requirements, if local governments are to attract
and hold competent administrators. Although the assurance of ethical
conduct will continue to rest primarily on the personal integrity
of the officers and employees themselves, on the commitment of elected
and appointed officials and on the vigilance of their communities,
the establishment of the standards and guidelines set forth in this
chapter is an additional step toward providing the highest caliber
of public administration for local governments and increased confidence
in public officials. By requiring public annual disclosure of interests
that may influence or be perceived to influence the actions of public
officials, this chapter is intended to facilitate consideration of
potential problems before they arise, to minimize unwarranted suspicion
and to enhance the accountability of government to the people.
Unless otherwise stated or unless the context
otherwise requires, when used in this chapter the terms herein shall
have the meanings indicated:
APPEAR and APPEAR BEFORE
Communicating in any form including, without limitation,
personally, through another person, by letter 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 $1,000.
B.
Any person to whom a Town officer's or employee's
outside employer or business has supplied goods or services during
the previous 12 months having, in the aggregate, a value greater than
$1,000 but only if the officer or employee knows or has reason to
know the outside employer or business supplied the goods or services.
CONTRACT
As defined in Article 18 of General Municipal Law, any claim,
account or demand against or agreement with the Town, express or implied.
[Added 3-23-2021 by L.L.
No. 5-2021]
CONSULTANT
Any individual, association, partnership or corporation or
any employee or agent thereof who has been retained to assist any
board or agency in the discharge of its duties. Consultant shall also
include any business partner, employer or members of the consultant's
firm or company.
[Added 3-23-2021 by L.L.
No. 5-2021]
GIFT and FINANCIAL BENEFIT
Money, services, licenses, permits, contracts, authorizations,
loans, travel, entertainment, hospitality, career advancement or any
promise thereof or any other gratuity or promise thereof. 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 authorized
by law.
IMMEDIATE FAMILY MEMBER
A spouse or any person claimed as a dependent in the Town
officer's or employee's latest individual state income tax return.
[Added 4-2-1996 by L.L. No. 2-1996]
OUTSIDE EMPLOYER OR BUSINESS
A.
Any activity, other than services to the Town,
from which the Town officer, employee or household member receives
compensation for services rendered or goods sold or produced.
B.
Any entity, other than the Town, of which the
Town officer, employee or household member is a member, officer or
employee and from which he or she receives compensation for services
rendered or goods sold or produced.
C.
Any entity in which the Town officer, employee
or household member has an ownership interest, except a corporation
of which the Town officer or employee owns less than 5% of the outstanding
stock.
D.
For purposes of this definition, "compensation"
shall not include reimbursement for necessary expenses, including
travel expenses.
PERSON
Both individuals and entities.
POLITICAL ACTIVITIES
Any activities related to partisan politics, including, but
not limited to, recruiting, solicitation for fundraising, purchasing
fundraiser tickets, circulating and signing designating petitions,
and distributing campaign literature and products, invoking political
reprisals, and any action that uses political influence to affect
the duties and responsibilities of any officer or employee of the
Town.
[Added 3-23-2021 by L.L.
No. 5-2021]
POLITICAL PARTY COMMITTEE
Any corporation or committee which operates to aid or promote
the success or defeat of a political party and/or the election or
defeat of any candidate, within the Town of Southold.
[Added 3-23-2021 by L.L.
No. 5-2021]
RELATIVE
A spouse, former spouse, domestic partner, child, stepchild,
son- or daughter-in-law, brother, sister, parent, brother- or sister-in-law,
parent-in-law, niece or nephew, or parent of the Town officer or employee
or a person claimed as a dependent on the Town officer's or employee's
latest individual state income tax return.
[Amended 3-23-2021 by L.L. No. 5-2021]
SUBORDINATE OF A TOWN OFFICER OR EMPLOYEE
Another Town officer or employee over whose activities he
or she has direction, supervision or control, except those who serve
in positions that are in the exempt classification or the unclassified
service under the Civil Service Law.
SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE
Any other Town officer or employee who has direction or control,
either directly or indirectly, over the activities of that Town officer
or employee.
[Added 3-23-2021 by L.L.
No. 5-2021]
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town, whether paid or unpaid,
and includes, without limitation, all members of any office, board,
body, advisory board, department, district or committee of the Town.
"Town officer or employee" shall not include:
A.
A judge, justice, officer or employee of the
unified court system.
B.
A volunteer fire fighter or civil defense volunteer.
C.
A member of an advisory board of the Town if,
but only if, the advisory board has no authority to implement its
recommendations or to act on behalf of the Town or to restrict the
authority of the Town to act. This shall not include the Ethics Committee.