[HISTORY: Adopted by the Town Board of the
Town of Hurley 5-22-2006 by L.L. No. 2-2006; amended in its entirety 5-21-2007 by L.L. No.
2-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 27.
A.
This chapter is enacted pursuant to § 806
of the General Municipal Law of the State of New York and § 10
of the Municipal Home Rule Law and is not intended to authorize any
conduct prohibited by Article 18 of the General Municipal Law.
B.
This chapter shall be known as the "Ethics and Disclosure
Law of the Town of Hurley."
The purposes of this chapter are:
A.
To establish standards of ethical conduct for officers,
employees and consultants of the Town;
B.
To provide officers and employees of the Town, whether
elected or appointed, paid or volunteer, with clear guidance on such
standards;
C.
To promote public confidence and integrity in the
agencies, administrative offices of our local government;
D.
To facilitate the consideration of potential ethical
problems before they arise, to minimize unwarranted suspicion, and
to enhance the accountability of government to the people by requiring
public disclosure of financial interests that may influence or be
perceived to influence the actions of Town officers and employees;
and
E.
To provide for the fair and effective administration
of this chapter.
A.
General prohibition. A Town officer or employee shall
not use his/her official position or office, or take or fail to take
any action in a matter which he/she knows or has reason to know may
provide a personal financial benefit or secure unwarranted privileges
or exemptions for any of the following persons:
B.
Recusal.
(1)
A Town officer or employee shall promptly recuse himself/herself
from acting on a matter before the Town, when acting on the matter,
or failing to act on the matter, may benefit the persons listed above,
financially or otherwise, or give the reasonable appearance of a conflict
of interest or impropriety.
(2)
Whenever a Town officer or employee is required to
recuse himself/herself, he/she must refrain from further participation
in the matter.
C.
Gifts. A Town officer or employee shall not accept
or solicit any gift or gifts valued over $50 during any calendar year,
nor shall be/she accept or solicit under circumstances in which it
could reasonably be inferred that the gift(s) was intended to influence
such Town officer or employee in the performance of his/her official
duties or was intended to be an award for any official action on his/her
part.
D.
Representation. A Town officer or employee shall not
represent any private interest before any Town agency or in any litigation
in which the Town of Hurley is a party or complainant.
E.
Appearances. A Town officer or employee shall not
appear for hire before any agency of the Town, except on his/her own
behalf or on behalf of the Town.
F.
Confidential information. Town officers and employees
and former Town officers and employees shall not disclose any confidential
information acquired by him/her in the course of his/her official
duties or use such information to further anyone's private interests.
G.
Political solicitation. A Town officer or employee
shall not request or authorize anyone else to request any subordinate
of the officer or employee to participate in an election campaign
or contribute to a political committee.
H.
Future employment. For a period of two years after
termination of his/her term of office or employment with the Town,
other than acting on behalf of himself/herself, no former Town official
or employee may appear before the Town, including boards and commissions
on which the former official or employee has represented the Town,
in relation to any matter upon which he/she had discretionary power
during his/her term of office or employment with the Town, unless
requested to provide information by the Town Board.
I.
Avoidance of conflicts. Town officers and employees
shall not knowingly acquire, solicit, negotiate for, or accept any
interest, employment, or anything of value which would put them in
violation of this chapter.
J.
Inducement of others. A Town officer or employee shall
not induce or aid another officer or employee of the Town to violate
any of the provisions in this chapter.
K.
Investments. A Town officer or employee shall not
invest or hold any investment directly or indirectly in any business,
financial, commercial or other private transaction, which would create
a conflict with his/her official duties.
L.
Nepotism.
(1)
Every public officer, and every municipal employee
related closer in degree, by blood or marriage, including significant
other, than first cousin to any persons seeking employment within
any department, section or function of the Town shall disclose such
relationship as provided for pursuant to the further provisions of
this section.
(2)
Any member of any municipal board, commission, or
other municipal body related closer in degree by blood or marriage
than first cousin or related by shared living circumstances to any
person(s) seeking employment or making application before such body
shall disclose such relationship as provided for in this section.
(3)
The disclosure requirements of this section shall
be made in writing, directed to the Town Clerk, and shall be made
at the earliest opportunity next following the date upon which such
officer, employee, or board member first learns or has knowledge of
the making of the application by the person seeking employment and/or
appointment.
M.
Use of public property. No officer or employee shall
request or permit the use of Town-owned vehicles, equipment, materials
or property for personal convenience or profit except when such services
are available to the public generally or are provided as municipal
policy for the use of such officer or employee in the conduct of official
duties.
N.
Waiver. A Town officer or employee may apply for a
waiver request form from any of these standards upon a showing of
compelling need. A waiver request form will be available from the
Town Clerk or the Ethics Board, and may be modified from time to time
as deemed necessary.
A.
Prohibited interests. No Town officer or employee
shall have an interest in a contract with the Town, or an interest
in a bank or trust company, that is prohibited by § 801
of the General Municipal Law of the State of New York. Any contract
willfully entered into by or with the Town in which there is an interest
prohibited by that section shall be null, void, and wholly unenforceable,
to the extent provided by § 804 of the General Municipal
Law.
B.
Discloseable interests. Any Town officer or employee
who has, will have, or later acquires an interest in any actual or
proposed contract with the Town shall publicly disclose the nature
and extent of that interest in accordance with § 803 of
the General Municipal Law. The Town Clerk shall immediately file such
disclosure with the Ethics Board.
C.
Violations. Any Town officer or employee who violates
the provisions of this section shall be guilty of a misdemeanor, to
the extent provided by § 805 of the General Municipal Law.
Unless otherwise stated or unless the context
otherwise requires, the following terms shall, for the purpose of
this chapter, have the meaning herein indicated:
Communicating in any form, including, without limitation,
personally, through another person, by letter, or by telephone.
Any work performed or goods delivered by the Town officer
to another person under mutual agreement of the two parties and provided
the transaction has been finalized, without dispute, by the two parties.
Retail sales shall be excluded from this provision.
Any person for whom a Town officer or employee has directly
supplied contractual goods/services during the previous 24 months.
Retail sales shall be excluded from this provision.
The Ethics Board of the Town of Hurley established pursuant to § 17-8 of this chapter.
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 authorized by law.
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
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;
Any entity, other than the Town, of which the
Town officer or employee is a member, officer, director, or employee
and from which he/she receives compensation for services rendered
or goods sold or produced; or
Any entity in which the Town officer or employee
has an ownership interest, except a corporation of which the Town
officer or employee owns less than 5% of the outstanding stock.
For purposes of this definition, "compensation"
shall not include reimbursement for necessary expenses, including
travel expenses.
Both individuals and entities.
A spouse, significant other, child, or a person claimed as
a dependent on the Town officer's or employee's latest individual
state income tax return.
An individual of the opposite or same sex living in shared
quarters for the purpose of constituting a family unit.
Another Town officer or employee over whose activities he/she
has direction, supervision, or control, except those who serve in
positions that are in the exempt classification under § 41
of the Civil Service Law of the State of New York or in the unclassified
service under Subdivisions (a) through (f) of § 35 of that
law.
The Town of Hurley but shall not include the Town justice
court.
Any officer or employee of the Town, whether paid or unpaid,
and includes, without limitation, all members of any office, board,
body, advisory board, council, commission, agency, department, district,
administration, division, bureau, or committee of the Town. "Town
officer or employee" shall not include: a judge, justice, officer,
or employee of the court system.
A.
Disclosure. Every application, petition, or request
submitted for a variance, amendment, change of zoning, approval of
a plat, exemption from a plat or official map, license, or permit,
pursuant to the provisions of any ordinance, local law, rule, or regulation
constituting the zoning and planning regulations of the Town shall
state the information required, to the extent required, by § 809
of the General Municipal Law of the State of New York.
B.
Violations. Any person who willfully and knowingly
violates the provisions of this section shall be guilty of a misdemeanor,
to the extent provided by § 809 of the General Municipal
Law.
A.
Officers and employees required to file. Officers
and employees holding the following positions shall be required to
file a signed annual disclosure statement:
(1)
Ethics Board members.
(2)
Supervisor and Town Board members.
(3)
Planning Board members.
(4)
Zoning Board of Appeals members.
(5)
Board of Assessment Review members.
(6)
Town Clerk and his/her deputies.
(7)
Highway superintendent and his/her deputies.
(8)
Assessor and his/her deputies.
(9)
Building Inspector and Code Enforcement Officer.
(10)
Counsel(s) to Town, Planning Board and Zoning Board
of Appeals and special counsel(s).
(11)
Tax Collector.
(12)
Chief of Police.
(13)
Youth Center Recreation Director.
(14)
Water/Sewer Superintendent.
(15)
Other positions that may be determined by the Town
Board to have discretionary powers.
C.
Changes in disclosed information. Within 30 days after
a change in the information contained in his/her most recently filed
annual disclosure statement, a Town officer or employee shall file
a signed amendment to the statement indicating the change.
D.
Contents of annual disclosure statements and waiver
request forms. The annual disclosure statement shall contain the information
and be in the form set forth in Appendix A.[1] These requirements may be amended from time to time by
the Town Board. The waiver request forms shall contain the information
and be in the form set forth in Appendix B.[2]
E.
Maintenance of annual disclosure statements and waiver
request forms. The Town Clerk shall transmit to the Ethics Board all
annual disclosure statements and waiver request forms required by
this chapter within five business days of receiving such statement(s).
All annual disclosure statements and waiver request forms shall be
submitted in sealed envelopes.
F.
Good-faith efforts. Failure to disclose the information required by Subsection D of this section with respect to a Town officer's or employee's spouse or significant other or other relative shall not constitute a violation of the subsection if the officer or employee has made a good-faith effort to obtain the information and if he/she sets forth those efforts in his/her annual disclosure statement.
A.
Establishment.
(1)
The Ethics Board shall consist of five members and
three alternates to be appointed by the Town Board.
(2)
The term of office shall be three years, running on
a calendar-year basis. One member shall serve until December 31 of
the year in which the Board is established, two shall serve until
the second December 31, and two shall serve until the third December
31.
(3)
There shall be support staff and funds appropriated
annually by the Town Board toward the Ethics Board's maintenance and
operation. Additional funds may be allocated as determined by the
Town Board.
(4)
The Town Attorney or Attorney for the Town shall provide
legal and advisory services to the Ethics Board as it may require
in the performance of its duties. If the Town Attorney or Attorney
for the Town has a potential conflict of interest the Town shall make
funds available for outside counsel.
(5)
Members shall serve without compensation and will
be reimbursed for all reasonable and necessary expenses, provided
they receive prior approval from the Town Board.
(6)
The Ethics Board shall elect a Chair from among its
members annually. The Chair or a majority of the Board may call a
meeting of the Board. The Ethics Board shall meet a minimum of two
times a year.
(7)
A person appointed to fill a vacancy shall serve the
unexpired term of the member he/she replaces.
(8)
Four members of the Board are required for the purpose
of conducting a meeting. A concurring vote of three members shall
be required for the Board to take action.
(9)
An Ethics Board member may be removed from office
by a majority vote of the Town Board for failure to fulfill the duties
of the office or for violation of this chapter. The Ethics Board member
shall be given written notice and an opportunity for reply.
B.
Qualifications.
(1)
All members of the Ethics Board shall reside in the
Town of Hurley.
(2)
No political party shall maintain a majority of seats
on the Ethics Board. No member shall hold elective office in the Town
of Hurley.
(3)
Consecutive service on the Ethics Board shall not
exceed two complete three-year terms.
[Amended 10-25-2010 by L.L. No. 1-2010]
C.
Powers and duties.
(1)
To administer and enforce all the provisions of this
chapter.
(2)
To prescribe and promulgate rules and regulations
governing its own organization and procedures.
(3)
To review, index and maintain all annual disclosure statements filed with the Ethics Board. If a person required to file an annual disclosure statement with the Ethics Board has failed to file an annual disclosure statement or has filed a deficient statement, the Ethics Board shall notify the reporting person in writing, state the failure to file or detail the deficiency, provide the person with a fifteen-day period to cure the deficiency, and advise the person of the penalties for failure to comply with the reporting requirements. These penalties are defined in § 17-8D of this chapter, Hearing and disciplinary action. All of the foregoing proceedings shall be confidential except if the Ethics Board determines that there is a violation or that any potential conflict of interest has not been rectified.
(4)
To review, index, maintain on file, and hear all signed
complaints which the Board determines to have merit alleging violation(s)
of this chapter upon the written request of any individual. Any such
complaint shall be signed by the individual complainant, and must
include his/her address.
(5)
To render, index, and maintain on file advisory opinions
on the requirements of this chapter. Upon the written request of any
Town officer or employee, the Ethics Board may render a written advisory
opinion with respect to the interpretation or application of this
chapter or Article 18 of General Municipal Law of the State of New
York.
(6)
If the Ethics Board preliminarily finds on its own
review of an annual disclosure statement, or pursuant to its review
of a request for an advisory opinion, or pursuant to receipt of a
complaint alleging a violation of this chapter, or upon the written
request of any individual member, or pursuant to an investigation
initiated by the Ethics Board in carrying out the provisions of this
chapter, that a possible violation of this chapter exists, the Ethics
Board may, but shall not be required to, provide the person(s) affected
with a reasonable opportunity to cure such violation. Such a preliminary
finding shall be confidential and not subject to public disclosure.
If under any other circumstances, such as through the filing and investigation
of a complaint, the Ethics Board determines that there is reasonable
cause to believe that a violation of this chapter has occurred, or
after any grace period granted by the Ethics Board has expired and
such violation remains uncured, the Ethics Board shall send a notice
of reasonable cause to the reported/applicable person; the complainant,
if any; and the Town Supervisor and the Town Board. Before any such
reasonable-cause finding shall be made, the Ethics Board shall notify
in writing the reporting/affected person as to the possible or alleged
violation of this chapter; afford the reporting/affected person an
opportunity to submit in writing a response setting forth such information
as said reporting/affected person deems relevant to the activities
cited by the Board as a possible or alleged violation of this chapter;
and upon written request, afford the affected person a hearing wherein
said affected person may provide either a written or oral response
setting forth such information as the affected person deems necessary
or appropriate in response to the actions by the Ethics Board;
(7)
To grant waivers, index and maintain on file applications,
decisions, and other records and proceedings relating to waivers.
(a)
Upon written application and proof of compelling need
by the applicant, the Ethics Board may grant a waiver on standards
of conduct and disclosure requirements of this chapter, provided that
no such waiver shall permit conduct otherwise prohibited by Article
18 of the General Municipal Law of the State of New York.
(b)
Waivers shall be in writing and state the reasons
for granting the waiver and make it part of the public record.
(8)
To prepare and submit an annual report to the Town
Board summarizing the activities of the Ethics Board, listing any
recommended changes to the text or administration of this chapter.
(9)
To provide for public inspection of certain records.
(a)
The only records of the Ethics Board which shall be
available for public inspection are those whose disclosure is required
by Article 6 of the Public Officers Law of the State of New York or
by some other state or federal law or regulation.
(b)
No meeting or proceeding of the Ethics Board concerning
misconduct, nonfeasance, or neglect in office by a Town officer or
employee shall be open to the public, except upon the request of the
officer or employee or as required by the provisions of Article 7
of the Public Officers Law or by some other state or federal law or
regulation.
(10)
To make recommendations to the Town Board as to the
appropriate sanction, discipline or other action to be taken or imposed
with respect to any finding or determination of reasonable cause to
believe that a violation of this chapter has occurred.
(11)
To monitor employee and Town officer compliance with
decisions and recommendations made by the Ethics Board.
(12)
The Ethics Board shall not carry out the powers and
duties as defined in this section if it is determined that three members
of such Board have a conflict of interest. In this event, the duties
of the Ethics Board shall be administered by the Ethics Board of Ulster
County.
D.
Hearing and disciplinary action. In its discretion,
after a hearing providing for due process procedural mechanisms and
subject to any applicable provisions of law and collective bargaining
agreements, the Ethics Board may recommend disciplinary actions to
any Town officer or employee who engages in any action that violates
any provisions of this chapter. This action may be a warning, reprimand
or suspension or removal from office or employment or subject the
Town officer or employee to any other sanction authorized by law or
collective bargaining agreement. The recommendation of the Ethics
Board shall be made to the Town Board, which is authorized to impose
such sanctions. The Ethics Board shall conduct and complete the hearing
with reasonable promptness, unless in its discretion the Ethics Board
refers the matter to the Town Board.
E.
Hearing procedure and representation. All hearings
required to be conducted pursuant to this chapter shall be conducted
to the maximum extent practicable in accordance with the provisions
of Article 3 of the State of New York Administrative Procedure Act
(Chapter 82 of the Consolidated Laws of the State of New York). Any
person compelled to appear in person or who voluntarily appears before
the Ethics Board shall be accorded the right to be accompanied, represented
by, and/or advised by counsel.
Any person aggrieved by a decision of the Ethics
Board may seek judicial review and relief pursuant to Article 78 of
the Civil Practice Law and Rules of the State of New York.
Wherever the requirements of this chapter are
inconsistent with the provisions of § 808 of the General
Municipal Law, the more restrictive provision, or those imposing higher
standards shall govern.
A.
No existing right or remedy shall be lost, impaired,
or affected by reason of this chapter.
B.
Nothing in this chapter shall be deemed to bar or
prevent a present or former Town officer or employee from timely filing
any claim, account, demand, or suit against the Town on behalf of
himself/herself or any member of his/her family arising out of personal
injury or property damage or any lawful benefit authorized or permitted
by law.
C.
If any provision of this chapter is held by a court
of competent jurisdiction to be invalid, that decision shall not affect
the validity and effectiveness of the remaining provisions of this
law.
A.
Within 90 days after the effective date of this chapter,
and thereafter as appropriate, the Ethics Board shall transmit to
the Town Board of the Town of Hurley, in a form suitable for posting,
copies of those provisions of this chapter which the Ethics Board
deems necessary for posting in the Town. Within 10 days after receipt
of those copies, the Town Board shall cause the copies to be posted
conspicuously where public notices are generally posted.
B.
Within 90 days after the effective date of this chapter,
and thereafter as appropriate, the Ethics Board shall transmit to
the Town Board of the Town of Hurley, in a form suitable for distribution,
copies of those provisions of this chapter which the Ethics Board
deems necessary for distribution to the officers and employees of
the Town. Within 10 days after receipt of those copies, the Town Board
shall cause the copies to be distributed to every officer and employee
of the Town, and made readily available to the public. Every Town
officer or employee elected or appointed thereafter shall be furnished
a copy of those provisions within 10 days after entering upon the
duties of his/her position.
C.
Failure of the Town to comply with the provisions
of this chapter or failure of any Town officer or employee to receive
a copy of the provisions of this chapter shall have no effect on the
duty of compliance with this chapter nor on the enforcement of its
provisions.
