Officers and employees of the Town of Shelter Island hold their
positions to serve and benefit the public, and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Town recognizes that, in furtherance
of this fundamental principle, there is a need for clear and reasonable
standards of ethical conduct. Clear standards will also protect ethical
public officials and rebut unfair allegations. This Code of Ethics
establishes those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
ARTICLE 18
New York State's General Municipal Law, Article 18.
BOARD
The Town Board and any other administrative board, committee,
or other agency or body comprised of two or more Town officers or
employees.
CODE
This Code of Ethics.
FINANCIAL BENEFIT
Anything of value, whether in the form of money, property,
services, loan, travel, entertainment, hospitality, or promise, or
any other form. The benefit can be direct or indirect but does not
include any benefit arising from the provision or receipt of any services
generally available to the residents or taxpayers of the Town or an
area of the Town, or a lawful class of such residents or taxpayers.
HOUSEHOLD
Those persons residing within the same dwelling unit.
INTEREST IN A CONTRACT
A Town officer or employee has an interest in a contract
when they, their spouse, minor child, dependent, or corporation in
which the Town employee is an owner, officer or employee, would secure
a financial benefit under the contract.
INTEREST IN A PRIVATE ORGANIZATION
A Town officer or employee is deemed to have an interest
in any private organization when they, their spouse, or a relative,
is an owner, partner, member, director, officer, employee, or directly
or, in the case of a corporation, indirectly owns or controls more
than 5% of the corporation's outstanding stock.
OFFICER or EMPLOYEE
Any Town employee whether paid or unpaid, whether serving
full-time, part-time or in an advisory capacity.
RELATIVE
A spouse, brother, sister, parent, child, grandchild, or
the spouse of any of them, or a household member of an officer or
employee.
TOWN
The Town of Shelter Island.
This Code applies to the officers and employees of the Town
and shall supersede any prior Town code of ethics. The provisions
of this Code shall apply in addition to all applicable state and local
laws relating to conflicts of interest and ethics including, but not
limited to, Article 18 and all rules, regulations, policies and procedures
of the Town.
No officer or employee shall use their Town position or official
powers and duties to secure a financial benefit for themself, a relative,
or any private organization in which the employee is deemed to have
an interest.
Whenever a matter requiring the exercise of discretion, including
proposed legislation, comes before an officer or employee, either
individually or as a member of a board or committee, and disposition
of the matter could result in a financial benefit to the officer or
employee, a relative of theirs, or any private organization in which
they are deemed to have an interest, the officer or employee shall
disclose in writing the nature of the financial benefit.
A. The
disclosure shall be made when the matter requiring disclosure first
comes before the officer or employee, or when the officer or employee
first acquires knowledge of the benefit requiring disclosure, whichever
is earlier.
B. In
the case of a person serving in an elective office, the disclosure
shall be filed with the Town Board and the Board of Ethics. In all
other cases, the disclosure shall be filed with the Board of Ethics
and that person's supervisor or, if the person does not have
a supervisor, the disclosure shall be filed with the officer, employee
or board having the power to appoint the person's position. In
addition, in the case of a person serving on a board, a copy of the
disclosure shall be filed with said board and included in the minutes
of the board's meeting.
No officer or employee may participate in any decision or take
any official action with respect to any matter requiring the exercise
of discretion, including proposed legislation, when they know or have
reason to know that the action could confer a financial benefit on
the employee, a relative, or any private organization in which the
employee is deemed to have an interest. Further, once recused, that
person may not be in the room (or appear via videoconferencing) when
the matter is being discussed, voted on, nor participate in any discussions
or communications including e-mail or text regarding it.
This Code's prohibition on use of a Town position (§
8-4), disclosure requirements (§
8-5), and requirements relating to recusal and abstention (§
8-6), shall not apply with respect to the following matters:
A. Adoption
of the Town's annual budget;
B. Any
matter requiring the exercise of discretion that directly affects
any of the following groups of people or a lawful class of such groups:
(1) All officers or employees;
(2) All residents or taxpayers of the Town; or
C. Any
matter that does not require the exercise of discretion.
The Code shall not be construed as prohibiting an officer or
employee from representing themself, or their spouse or minor children
before the Town; or asserting a claim against the Town on their own
behalf, or on behalf of their spouse or minor children.
Town resources shall be used for lawful Town purposes.
A. No officer or employee may use or permit the use of Town resources
for personal or private purposes. Town resources include, but are
not limited to, Town personnel, and the Town's money, vehicles,
equipment, materials, supplies or other property. Provided, this provision
shall not be construed as prohibiting:
(1) Any use of Town resources authorized by law or Town policy;
(2) The use of Town resources for personal or private purposes when provided
to a Town officer or employee as part of their compensation; or
(3) The occasional and incidental use during the business day of Town
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
B. No officer or employee shall cause the Town to spend more than is
reasonably necessary for transportation, meals or lodging in connection
with official travel.
No officer or employee who acquires confidential information
in the course of exercising or performing their official powers or
duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
their official powers and duties.
No Town officer or employee shall directly or indirectly, solicit
any gift, or accept or receive any gift having a value of $75 or more,
whether in the form of money, property, service, loan, travel, entertainment,
hospitality, or promise, or in any other form, under circumstances
in which it could reasonably be inferred that the gift was intended
to influence them, or could reasonably be expected to influence them,
in the performance of their official duties or was intended as a reward
for any official action on his their part.
The Board of Ethics shall have the following administrative
duties:
A. To prescribe and promulgate rules and regulations governing its own
internal organization and procedures in a manner consistent with this
Code.
B. To review, index, maintain on file, and dispose of complaints alleging
violations of this Code and to make notifications and conduct investigations.
The Board of Ethics shall have the confidential advice of legal counsel
employed by the Town or outside counsel and the services of a confidential
clerk employed by the Town to keep minutes and files.
C. To forward its opinions responding to complaints or opinions on its
own motion to the Town Board with any recommendations for disciplinary
actions and penalties.
D. To make public on the Ethics Board website its opinions in a brief
summary form that removes all personal identifying information.
E. To prepare an annual report to the Town Supervisor and Town Board,
summarizing the activities of the Ethics Board. The report may also
recommend changes to the text or administration of this Code. The
Ethics Board shall periodically review this Code and the Board's
rules, regulations, and administrative procedures to determine whether
they promote integrity, public confidence, and participation in Town
government and whether they set forth clear and enforceable common
sense standards of conduct.
This Code takes effect upon the filing with the New York State
Secretary of State.