This chapter is adopted pursuant to the General
Municipal Law of the State of New York, relating in part to conflicts
of interest of municipal officers and employees, in order to establish
standards of ethical conduct expected of public officers and employees
of the Town of Tonawanda; to provide for effective administration
of government and its services; to help ensure high standards of integrity
and public service; to provide for annual financial disclosure by
persons listed herein; and to establish a Board of Ethics.
[Amended 4-25-2005 by L.L. No. 2-2005]
The terms used in this chapter, and unless otherwise
expressly stated or unless the context otherwise requires, shall have
the same meaning as those similar terms defined in §§ 800
and 810 of the General Municipal Law of the State of New York. In
addition, the following terms shall be defined as indicated:
CANDIDATE
Any individual seeking election to a public office of the
federal government, state, county, municipality, school district or
political organization at an election.
CONTRIBUTION
Includes all loans and transfers of money or other things
of value to or by any candidate, elected official or political organization
and all pledges or other commitments or assumptions of liability to
make any such transfer. Contributions shall be deemed to have been
made upon the date when such commitment is made or liability assumed.
DEPENDENT
Any person claimed as a dependent for federal or state income
tax purposes any time during the preceding calendar year.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a Town officer or employee as the result of a contract with the
Town. For the purposes of this chapter, a Town officer or employee
shall be deemed to have an interest in the contract of his or her
spouse and dependents, except a contract of employment between the
Town and such officer or employee, a firm, partnership or association
of which such officer or employee is a member or employee, a corporation
of which such officer or employee is an officer, director or employee
and a corporation, any stock of which is owned or controlled directly
or indirectly by such officer or employee.
POLITICAL ORGANIZATION
Any corporation, partnership or any other incorporated or
unincorporated association which is organized to, or does, aid or
promote the nomination, election or defeat of any candidate or candidates
for federal, state, county, municipal or school board office. "Political
organization" includes, but is not limited to, organizations otherwise
defined as a "political committee," "joint candidates committee" and
legislative leadership committee."
PROPERTY OF THE TOWN
Buildings, land vehicles, phones, fax machines, computers
or other office equipment or supplies and other real or personal property
owned, leased or controlled by the Town, except for public roads.
SOLICIT
To seek, by oral or written communication, a contribution,
as same is defined herein.
TOWN
This Town and any officer, department, board, commission
or agency thereof.
TOWN EMPLOYEE
Any officer or employee of the Town of Tonawanda, whether
paid or unpaid, whether serving in a full-time, part-time or advisory
capacity, but not including any judge, justice, officer or employee
of the Unified Court System, or any person deemed to be a municipal
officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer.
This chapter shall be applicable to all Town
of Tonawanda employees. The Town of Tonawanda Board of Ethics, created
by this chapter, shall have jurisdiction over all Town employees,
exclusive of those employed by the Village of Kenmore.
Except as provided in this chapter:
A. No Town employee shall have an interest in any contract
with the Town, when such Town employee, individually or as a member
of a board, has the power or duty to:
(1) Negotiate, prepare, authorize or approve the contract
or authorize or approve payment thereunder;
(2) Audit bills or claims under the contract; or
(3) Appoint a Town employee who has any of the powers
or duties set forth above.
B. The Supervisor, Comptroller or his deputy or employee
shall not have an interest in a bank or trust company designated as
a depository, paying agent, registration agent or for investment of
funds of the Town of Tonawanda. The provisions of this section shall
in no event be construed to preclude the payment of lawful compensation
and necessary expenses of any Town employee in one or more positions
of public employment, the holding of which is not prohibited by law.
No Town employee or former Town employee shall maintain, solicit or
accept future or present employment in conflict in any manner whatsoever
with the discharge of the duties and functions of that Town office
or employment.
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 name, residence
and the nature and extent of the interest of any Town employee, or
of a municipality of which the Town is a part, in the person, partnership
or association making such application, petition or request (hereinafter
called the applicant) to the extent known to such applicant.
A. For the purpose of this subsection a Town employee
shall be deemed to have an interest in the applicant when the Town
employee, a spouse or their brothers, sisters, parents, children,
grandchildren or the spouse of any of them:
(2) Is an officer, director, partner or employee of the
applicant.
(3) Legally or beneficially owns or controls stock of
a corporate applicant or is a member of a partnership or association
applicant.
(4) Is a party to an agreement with such an applicant,
express or implied, whereby he or she may receive any payment or other
benefit, whether or not for services rendered, dependent or contingent
upon the favorable approval of such application, petition or request.
B. Ownership of less than 5% of the stock of a corporation
whose stock is listed on the New York or American Stock Exchanges
shall not constitute an interest for the purposes of this section.
The Town Clerk of the Town of Tonawanda shall
file in the office of the State Comptroller:
A. A copy of this Code of Ethics or any amendments thereto,
within 30 days after the adoption of such code or amendment.
B. A statement that the Town of Tonawanda has established
a Board of Ethics, in accordance with § 808 of the General
Municipal Law of the State of New York, and the composition of such
Board, within 30 days after the establishment of such Board.
The Supervisor of the Town of Tonawanda shall
cause a copy of the most recent Article 18 of the General Municipal
Law of the State of New York, or any amendment thereto, to be kept
posted in each public building under the jurisdiction of the Town
of Tonawanda in places conspicuous to its Town employees. Along with
such copy, the Supervisor shall post a copy of this chapter. Failure
to post any such copy shall have no effect on the duty of compliance
with any such Town laws, nor with the Town's enforcement of the provisions
thereof.
[Amended 4-25-2005 by L.L. No. 2-2005]
A. There is established the Town of Tonawanda Board of
Ethics (hereinafter referred to as "Board of Ethics"), and the Town
Board may appropriate moneys for maintenance and personal services
in connection therewith as allowed by law. The members of such Board
of Ethics shall be appointed by and serve at the pleasure of the Supervisor
of the Town of Tonawanda subject to the review and acceptance of the
Town Board. The Board of Ethics shall consist of at least five members,
a majority of whom shall not be otherwise officers or employees of
the Town of Tonawanda or any adjoining municipality, and at least
one of whom shall be an elected or appointed officer or employee of
the Town of Tonawanda. All members shall be residents of the Town
of Tonawanda, inclusive of the Village of Kenmore. At least one member
shall be affiliated with a different political party from other members.
B. The members of the Board shall be appointed within
60 days of the establishment of the Board and no later than January
20 of each year thereafter. When a vacancy occurs in the membership
of the Board of Ethics, it shall be filled for only the unexpired
portion of the vacant term, in the same manner as the original appointment,
no later than 30 days after the vacancy occurs.
C. The Board of Ethics shall render advisory opinions
to Town employees with respect to Article 18 of the General Municipal
Law of the State of New York, any code of ethics adopted within the
Town of Tonawanda pursuant thereto, and this Code of Ethics. Such
advisory opinions shall be rendered pursuant to the written request
of any such Town employee under such rules and regulations as the
Board may prescribe and shall have the advice of counsel which shall
be employed by the Board of Ethics.
D. The duties of the Board of Ethics shall extend to
only the Town of Tonawanda and its agencies and shall not extend into
any other municipality within the Town that has established its own
Board of Ethics.
E. The Board of Ethics shall be the repository for completed
annual statements of financial disclosure and shall notify the temporary
or permanent commission on local government ethics, if either such
commission is in existence, and, if not, shall file a statement with
the Town Clerk of the Town of Tonawanda that it is the authorized
repository for completed annual statements of financial disclosure
and that, on account thereof, such completed statements will be filed
with it and not with the Commission. Should any local law, ordinance
or resolution hereafter be adopted which provides for the filing of
such completed annual statements with the temporary state commission
on local government ethics instead of with such Board of Ethics, such
Board of Ethics shall notify the temporary state commission on local
government ethics of that fact.
F. Pursuant to the General Municipal Law of the State
of New York, the Board of Ethics is hereby conferred power to enforce
the filing provisions of this chapter, including to promulgate rules
and regulations of the same import as those promulgated by the state
commission on local government ethics.
G. Each member of the Board of Ethics shall serve until
his or her successor has been appointed. The term of office of each
member of the Board shall be five years and shall expire on December
31 of the year of expiration; however, respective Board members first
appointed shall serve for terms of office which shall expire on December
31 of the successive years following the year of appointment so that
no two of the terms of office of the first appointed shall expire
on the same December 31.
[Added 4-25-2005 by L.L. No. 2-2005]
It is hereby found and determined that political
contributions could have the appearance of a negative impact on government
decision making; and that a conflict may arise between the business
of political fundraising and the business of government in the Town,
which may cause a distraction from the people's business. The most
appropriate method to prevent this conflict and to ensure the integrity
of government decisions is to prohibit political fundraising by the
use of public property by Town employees. The paramount public interest
in a clean and accountable government requires the prohibition of
political fund raising on public property and/or by the use of public
facilities by Town employees.
A. Solicitation of political contributions on public
property is prohibited.
(1)
No Town employee may solicit, commit to pay
or receive payment of, or a commitment to pay any contribution for
any candidate, elected official or political organization while in
or on the property of the Town or utilizing the property of the Town.
(2)
Exception to prohibition. The prohibition contained in §
10-11.1A(1) shall not apply to Town facilities that are made available to individuals, groups or organizations, including political organizations, for private events. Such Town facilities are made available pursuant to Town policy on an equal, nondiscriminatory basis.
B. Prohibited forms of fundraising. Prohibited forms
of fundraising shall include, but not be limited to:
(1)
Soliciting or accepting contributions using
Town telephones, fax machines or computers.
(2)
Soliciting or accepting contributions using
personal telephones while on the property of the Town.
(3)
Soliciting or accepting contributions through
the use of publicly owned computers or privately owned personal computers
while on the property of the Town.
(4)
Use of Town letterhead or stationary to solicit
or accept contributions.
(5)
Sending correspondence from Town buildings or
by the use of Town services, equipment or postage.
(6)
Face-to-face soliciting of a Town employee,
individual or an owner or representative of a business entity while
on the property of the Town.
(7)
Directly or indirectly coercing, attempting
to coerce or commanding a Town employee to pay, lend or contribute
anything of value to a political party, or to a committee, organization,
agency or person for political purposes.
(8)
Use of automobiles owned or leased by the Town
to accept or solicit contributions.
C. No Town employee in the course of employment shall
provide the names and home addresses of any Town employee for purposes
of solicitation of political contributions or election campaign assistance.
D. No Town employee shall require any Town employee to
engage in any campaign activities related to the election of any candidate
or candidates. No Town employee shall engage in any type of partisan
political activity while on Town time or while the employee should
be at work.
E. Whistleblower provision. It shall be unlawful for
any employee, elected official or appointee to be dismissed, reprimanded,
retaliated against or otherwise intimidated for reporting any prohibited
conduct mandated by this chapter.
[Added 4-25-2005 by L.L. No. 2-2005]
No Town employee, on behalf of himself or anyone
else, shall attempt to intervene in the affairs or business of any
Town department or office for personal or political gain.
[Added 4-25-2005 by L.L. No. 2-2005]
All Town officials, employees and appointees
shall receive a copy of this chapter.