Unless otherwise stated or unless the context
otherwise requires, when used in this chapter, the following terms
shall have the following meanings:
APPEAR and APPEAR BEFORE
Communicating in any form, including, without limitation,
personally, through another person, by letter, facsimile, electronic
mail, or by telephone.
CONFIDENTIAL INFORMATION
Any data acquired through the course of employment or public
office which the Town has protected from disclosure by law or that
is not protected from disclosure by law but poses or may pose a conflict
of interest.
CONFLICT OF INTEREST
Any action or omission which is in conflict or gives or may
reasonably give the appearance of conflict with the performance of
official Town business or government.
CORPORATION
An artificial person or being, endowed by law with the capacity
of perpetual succession, and shall include corporations organized
as public, private, charitable, civil, domestic, foreign, close, open,
municipal and not-for-profit institutions.
CUSTOMER OR CLIENT
A.
Any person to whom a Town officer or employee
has supplied goods or services during the previous 24 months having,
in the aggregate, a value greater than $1,000; or
B.
Any person to whom a Town officer's or employee's
outside employer or business has supplied goods or services during
the previous 24 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.
ETHICS BOARD
The Ethics Board of the Town established pursuant to §
33-16 of this chapter.
GIFT and FINANCIAL BENEFIT
Except as specifically set forth in §
33-4, includes any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospitality, privilege, exemption 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.
MINISTERIAL ACT
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
OUTSIDE EMPLOYER OR BUSINESS
A.
Means:
(1)
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;
(2)
Any entity, other than the Town, of which the
Town officer or employee is a member, officer, director, or employee
and from which he or she receives compensation for services rendered
or goods sold or produced; or
(3)
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.
B.
For purposes of this definition, "compensation"
shall not include reimbursement for necessary expenses, including
travel expenses.
PERSON
Includes both individuals and entities.
PROFESSIONAL LICENSE
A privilege granted by the State of New York to conduct an
occupation or trade.
PUBLIC BENEFIT CORPORATION
A corporation organized to construct or operate a public
improvement that is located partially or totally in New York State
and the profits from this corporation benefit New York State or other
states or the people of New York State.
RELATIVE
A spouse, domestic partner, child, stepchild, brother, sister,
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, or the spouse or domestic partner of any
such person.
[Amended 5-1-2012 by L.L. No. 3-2012]
TOWN
The Town of Guilderland, but shall not include the Town Court.
TOWN AGENCY
Any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau, unit
or committee of the Town other than the Town Court.
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town, whether elected or appointed,
paid or unpaid, and includes, without limitation, all members of any
office, board, body, advisory board, council, commission, agency,
department, district, administration, division, bureau, unit or committee
of the Town. Any attorney who is a partner in a law firm or a principal
in a professional corporation whose legal opinion concerning the validity
of the issuance of any debt instrument is generally provided in connection
with the issuance of any bond or other instrument by the Town or any
public benefit corporation whose members are appointed by the Supervisor
or the Town Board shall be deemed a Town officer or employee. "Town
officer or employee" shall not include:
A.
A judge, justice, officer, or employee of the
unified court system; and
B.
Unless otherwise specifically listed on
Exhibit A, 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. No entity established pursuant to the General Municipal Law of
the State of New York shall be deemed an advisory board for purposes
of this subsection.
The provisions of §§
33-2 and
33-3 of this chapter shall not prohibit, or require, recusal or transactional disclosure as a result of:
A. An action specifically authorized by statute, rule,
or regulation of the state of New York or of the United States;
C. Gifts:
(1) Received by the Town officer or employee from his
or her relative;
(2) Having an aggregate value of $75 or less during any
twelve-month period; or
(3) Accepted on behalf of the Town and transferred to
the Town;
D. Gifts or benefits having a value of $75 or less that
are received by a Town officer or employee listed in § 11-c
of the Domestic Relations Law of the State of New York for the solemnization
of a marriage by that 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;
E. Awards from charitable organizations; or
F. Receipt of Town services or benefits, or use of Town
facilities, that are generally available on the same terms and conditions
to residents or a class of residents in the Town.
No person, whether or not a Town officer or employee, shall induce or attempt to induce a Town officer or employee to violate any of the provisions of §
33-2 or
33-3 of this chapter.
Any contract or agreement entered into, by or with the Town which results in or from a violation of any provision of §
33-2,
33-3 or
33-7 of this chapter shall be void unless ratified by the Town Board. Such ratification shall not affect the imposition of any criminal or civil penalties pursuant to this chapter or any other provision of law.
[Amended 5-1-2012 by L.L. No. 3-2012; 2-6-2024 by L.L. No. 1-2024]
A. There is hereby established an Ethics Board consisting
of five members. At the discretion of the Chairperson, the Town Attorney
may serve as a member to establish a quorum.
B. The members of the Ethics Board shall be residents
of the Town.
C. No member of the Ethics Board may be a Town officer
or employee.
D. Of the total membership of the Ethics Board, no more than two shall be registered in the same political party, with the exception of the Town Attorney who, under Subsection
A, is serving as a member to establish a quorum.
E. No Ethics Board member shall hold office concurrently in a political
party or hold elective office in any local, state or federal government.
An Ethics Board member may make campaign contributions and may participate
in any election campaign.
F. The term of office of Ethics Board members shall be
three years and shall run from January 1 through December 31.
G. An Ethics Board member shall serve until his or her
successor has been appointed. Consecutive service on the Ethics Board
shall not exceed three consecutive three-year terms.
H. The members of the Ethics Board shall not receive
compensation but are authorized to incur any and all expenses necessary
to effectuate the purposes of the Ethics Board within amounts which
are to be appropriated by the Town Board annually.
When a vacancy occurs in the membership of the Ethics Board, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as the original appointment. Any person appointed to fill a vacancy on the Ethics Board shall meet the qualifications set forth in §
33-16 of this chapter.
An Ethics Board member may be removed from office in the same manner in which he or she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in §
33-16 of this chapter, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter or any other Town law.
The Town Board shall select a Chairman, and
at its first meeting each year, the Ethics Board shall elect a Vice-Chairman
and Secretary from among its members. A majority shall be required
for the Ethics Board to take any action. The Chairman or a majority
of its members may call a meeting of the Ethics Board. The Ethics
Board shall hold at least one meeting annually regardless of whether
there are any matters pending before the Ethics Board.
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.
The Ethics Board shall make information concerning
this chapter and Article 18 of the General Municipal Law available
to the Town officers and employees, to the public, and to persons
interested in doing business with the Town.