[HISTORY: Adopted by the Grand Island Town
Board 5-7-2001 by L.L. No. 4-2001 (Ch. 8A of the 1963 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 70.
This chapter may be cited as the "Town of Grand
Island Code of Ethics."
This chapter is enacted pursuant to Article
18 of the General Municipal Law and in recognition of the policy of
the State of New York and the Town of Grand Island to maintain the
highest standards of integrity and public service. It is intended
to afford Town officers and employees guidance in conforming to ethical
standards, to promote public confidence in the integrity of Town government,
to require public disclosure of financial interests that may influence
or be perceived as influencing actions of Town officers and employees,
to minimize unwarranted suspicion and to provide for fair and effective
administration of this code. This code shall be in addition to all
of the restrictions, standards and provisions pertaining to the conduct
of Town officers and employees.
As used in this chapter, the following terms
shall have the meanings indicated:
Any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau or
committee of the Town of Grand Island; and shall include but not be
limited to the Zoning Board of Appeals, Planning Board and any and
all other duly established boards, committees, commissions and other
groups of any nature that may lawfully be subject to this chapter.
Communicating in whatever form, whether personally or through
another person.
Having or providing any contract, service or work with the
municipality; buying, selling, renting, leasing or otherwise acquiring
from or dispensing to a municipality any goods, services or property;
or applying for, petitioning, requesting or obtaining any approval,
grant, loan, license, permit or other privilege from the municipality.
Any action involving the exercise of judgment or discretion
by a municipal officer or employee, either individually or as a member
of any agency, and includes but is not limited to negotiation, approval,
advice, recommendation, authorization or audit.
A spouse, child, stepchild, brother, sister, parent or dependent
of a municipal officer or employee.
The Town Board of the Town of Grand Island.
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
Any Town officer, employee or official who receives a salary
from the Town or who is compensated by the Town on a per diem or hourly
basis, but does not include a Town officer, employee or official who
is solely reimbursed by the Town for expenses incurred in the course
of his or her duties.
Any business dealing with the Town or any application therefor
or any case, proceeding, determination, investigation, charge, accusation
or arrest or any other matter involving a discretionary act of a Town
officer or employee, but does not include the proposal, consideration
or enactment of local laws, ordinances or regulations of general application.
An individual, corporation, partnership, unincorporated association
and all other entities.
A husband or wife from whom the Town officer or employee
is not legally separated.
The Town of Grand Island, and includes all agencies thereof
and officers, employees and officials thereof.
The Clerk of the Town of Grand Island.
Any officer or employee of the Town of Grand Island, whether
paid or unpaid, including public officials and all other members of
any agency in the Town of Grand Island, but does not include the Town
Justices, officers or employees of the Unified Court System. Volunteer
firemen and civil defense volunteers shall not be deemed to be "Town
officers or employees."
Any Town officer or employee who has the authority, either
alone or as a member of an agency, to perform discretionary acts on
behalf of the Town with respect to any business dealing. "Town official"
shall not include Town Justice and any Town officer or employee who
performs only ministerial acts and duties.
A.Â
No Town officer or employee shall:[1]
(1)Â
Directly or indirectly, solicit any gift or accept
or receive any gift or series of gifts having an annual value of $75
or more, whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise or in any other form, under circumstances
in which it could reasonably be inferred that the gift was intended
to influence him or could reasonably be expected to influence him
in the performance of his official duties or was intended as a reward
for any official action on his part. The foregoing limitation shall
not apply to campaign contributions not otherwise prohibited by law.
(2)Â
Take or refrain from taking any action or agree to
take or refrain from taking any action or induce or attempt to induce
any other Town officer or employee to take or refrain from taking
any action on any matter before the Town in order to obtain a pecuniary
or material benefit for:
(a)Â
Himself or herself;
(b)Â
A family member;
(c)Â
Any partnership or unincorporated association
of which the Town officer or employee is a member or employee or in
which he or she has a proprietary interest;
(d)Â
Any corporation of which the Town officer or
employee is an officer or director or of which he or she legally or
beneficially owns or controls more than 5% of the outstanding stock;
(e)Â
Any person with whom the Town officer or employee
or his or her family member has an employment, professional, business
or financial relationship; or
(f)Â
Any person from whom the Town officer or employee
or his or her spouse has received within any twelve-month period during
the previous 24 months a pecuniary or material benefit having an aggregate
value greater than $1,000, unless said individuals make up less than
5% of a class of individuals benefitted.
(3)Â
Appear before the agency served by or which employs
such Town officer or employee except on behalf of the Town or on his
or her own behalf.
(4)Â
Appear before the Town except on behalf of the Town
or on his or her own behalf. This subsection shall only apply to officers
and employees who are elected or who are paid by the Town.
(5)Â
Appear as attorney or counsel against the interests
of the Town in any matter in which the Town is a party or a complainant.
(6)Â
Solicit any nonelected officer or employee of the
Town to participate in an election campaign. This subsection shall
not prohibit an elected officer from soliciting such participation
from officers and employees who are appointed by and directly subordinate
to such elected officer and who serve in positions which are in the
exempt classification or the unclassified service under the Civil
Service Law.
(7)Â
Directly or through a person, campaign committee or
other organization authorized to act on his or her behalf solicit
any nonelected officer or employee of the Town to pay or promise to
pay any assessment, subscription or contribution to a political party,
political party organization or election campaign. This subsection
shall not prohibit a general solicitation of a class of persons.
(8)Â
Directly or through a person or campaign committee
or other organization authorized to act on his or her behalf, solicit
participation in an election campaign or payment or promise of payment
of any assessment, subscription or contribution to a political party,
political party organization or election campaign from any person
who, to the knowledge of the municipal officer or employee, has or,
within the previous 12 months, has had any business dealing with the
municipality. This subsection shall not prohibit a general solicitation
of a class of persons.
(9)Â
Except where such disclosure is authorized by law,
disclose any confidential information acquired in the course of his
or her official duties or use any such information to advance the
financial or other private interest of himself or herself or any other
person.
(10)Â
After termination of his or her term of office or
employment with the Town, appear before the Town or receive compensation
for any services rendered on behalf of any person other than the Town
in relation to any particular matter upon which he or she took any
discretionary act during his or her term of office or employment with
the Town.
(11)Â
Disclose any confidential information acquired in
the course of performing official duties, including information acquired
in an executive session, or use such information to further his or
her personal interest.
B.Â
No partnership or unincorporated association of which
a Town official is a member or employee or in which he or she has
a proprietary interest nor any corporation of which he or she is an
officer or director or legally or beneficially owns or controls more
than 5% of the outstanding stock shall appear before the agency served
by such Town official on behalf of any person other than the Town
or itself.[2]
[2]
Editor's Note: Original § 8A-4C of the 1963 Code,
regarding a partnership or unincorporated association of which a Town
official who is elected or paid by the Town is a member or employee
or in which he or she has a proprietary interest, which immediately
followed this subsection, was repealed 10-15-2012 by L.L. No. 3-2012.
C.Â
Nothing in this section shall be construed to prohibit
a Town officer or employee or any other person from receiving a municipal
service or benefit or using a municipal facility which is generally
available to residents or a class of residents in the Town.
D.Â
Nothing in this section shall be construed to prohibit
any Town officer or employee listed in § 11 of the Domestic
Relations Law from accepting any gift or benefit having a value of
$100 or less from the solemnization of a marriage by that Town officer
or employee at a place other than the Town officer’s or employee’s
normal place of business or at a time other than the officer’s
or employee’s normal hours of business and except as may be
otherwise restricted by law.
[Amended 10-15-2012 by L.L. No. 3-2012]
E.Â
Nothing in this section shall be construed to prohibit
a Town officer or employee from performing any ministerial act.
F.Â
A person who knowingly violates any provision of this
section may, in addition to any penalty contained in any other provisions
of law, be dismissed, suspended or removed from office or employment
in the manner provided by law.
A.Â
Whenever a Town officer or employee is requested or
required to take any action on a matter by Town Board, committee,
department or other decisionmaking body of which he is a member and,
to his or her knowledge, either the performance or nonperformance
of that action would provide a pecuniary or material benefit to himself
or herself or to any related person different from that which would
be derived from the action by reason of its general application to
a broad class of persons deriving such benefit, the Town officer or
employee shall not participate in that matter unless the officer's
or employee's recusal prohibits Town action, then said officer or
employee shall participate after full disclosure and reference to
the particular legislation otherwise prohibiting Town action. The
Town officer or employee also shall file promptly with his or her
immediate superior, if any, and with the Town Clerk, who shall present
to the Ethics Board, a signed statement disclosing the nature and
extent of that interest.
[Amended 10-15-2012 by L.L. No. 3-2012]
B.Â
RELATED PERSON
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
For purposes of this section, the following terms
shall have the meanings indicated:
A family member.
Any corporation of which the municipal officer
or employee is an officer or director or of which he or she legally
or beneficially owns or controls more than 5% of the outstanding stock.
Any person with whom the municipal officer or
employee or his or her family member has an employment, business or
financial relationship.
Any person from whom the municipal officer or
employee or his or her spouse has received within any twelve-month
period during the previous 24 months a pecuniary or material benefit
having an aggregate value greater than $1,000.
Nothing in this section shall be construed to
prohibit a Town officer or employee from performing any ministerial
act or to require a Town officer or employee to file a disclosure
statement pursuant to Subsection A of this section prior to performing
any ministerial act. The award of a contract by an officer or employee
pursuant to the public bidding requirements of § 103 of
the General Municipal Law shall be deemed a ministerial act.
A.Â
All Town officials who are elected, all deputies of elected officials,
including without limitation the Deputy Town Supervisor, Deputy Highway
Superintendent, Deputy Town Clerks, Clerk of the Justice Court, and
Clerks to a Town Justice, all Town departments heads, the Chairperson
of the Zoning Board of Appeals and the Chairperson of the Planning
Board shall file with the Town Clerk, who for the purpose of this
section shall also be deemed the Secretary of the Board of Ethics
as hereinafter set forth, a signed, annual disclosure statement within
120 days of the effective date of this chapter, within 30 days of
taking office and no later than April 30 of each year thereafter.
Within 30 days of any change in the information contained in his or
her most recently filed statement, the public official shall file
a signed amendment to the statement indicating the change.
[Amended 10-16-2017 by L.L. No. 4-2017]
B.Â
Information to be disclosed by all elected, paid or appointed Town
officials shall be in a form available in the Town Clerk's office
as adopted by Town Board resolution from time to time.
[Amended 10-15-2012 by L.L. No. 3-2012]
A.Â
Statement of financial disclosure.
(1)Â
If the Board of Ethics determines that a reporting
individual has knowingly and willfully failed to file an annual statement
of financial disclosure as provided herein or who knowingly and willfully
with intent to deceive makes a false statement or gives information
which such individual knows or should have known to be false on such
statement of financial disclosure filed pursuant to this chapter,
the Board of Ethics shall recommend to the Town Board the assessment
of a civil penalty against the reporting individual in an amount not
to exceed $1,000.
[Amended 10-15-2012 by L.L. No. 3-2012]
(2)Â
For a violation of this subsection, the Town of Grand
Island Board of Ethics or the Town Board may, in lieu of a civil penalty,
refer a violation to the District Attorney and, upon such conviction,
but only after such referral, such violation shall be punishable as
a misdemeanor.
(3)Â
Notwithstanding any other provision of law to the
contrary, no other penalty, civil or criminal, may be imposed for
failure to file or for false filing of such statement, except that
the appointing authority may impose disciplinary actions as otherwise
provided by law.
B.Â
If the Board of Ethics determines that there is reasonable
cause to believe that a violation of conflict of interest and/or transactional
disclosure provisions of this chapter has occurred, the Town of Grand
Island Board of Ethics shall recommend to the Town Board, and the
Town Board may assess, a civil penalty in an amount not to exceed
$1,000 or, in lieu thereof, issue a public censure or private admonition.
In its discretion, the Ethics Board may recommend to the Town Board
disciplinary action. In addition, the appointing authority may impose
disciplinary action as otherwise provided by law.
[Amended 10-15-2012 by L.L. No. 3-2012]
C.Â
The Town of Grand Island Board of Ethics shall, subject
to the approval of the Town Board, adopt rules governing the conduct
of adjudicatory proceedings and appeals relating to the assessment
of civil penalties herein authorized. Such rules shall provide for
due process procedural mechanisms substantially similar to those set
forth in Article 3 of the State Administrative Procedures Act, but
such mechanisms may not be identical in terms or scope.
D.Â
Assessment of a civil penalty shall be final unless
modified, suspended or vacated within 30 days of imposition and, upon
becoming final, shall be subject to review at the instance of the
affected reporting individual in a proceeding commenced against the
Town of Grand Island Board of Ethics pursuant to Article 78 of the
Civil Practice Law and Rules.
Transitional disclosure statements and annual
disclosure statements shall be a matter of public record and shall
be filed and indexed with the Town Clerk. The Town Clerk shall retain
such disclosure statements for a period of not less than seven years
from the date of filing.
B.Â
On or before the 15th day of May of each and every
year, the Board of Ethics shall ascertain and verify that every required
individual has filed the required disclosure statement.
C.Â
Failure of the Supervisor and the Town Clerk to notify
any or all individuals required to file disclosure statements shall
not relieve Town officials of their duty to file the disclosure statements.
A.Â
A Board of Ethics is established and shall be known
as the "Town of Grand Island Board of Ethics."
B.Â
The Board of Ethics shall consist of five members,
who shall serve five-year terms of office, one such term expiring
each year. Members shall be appointed by the Town Board. Only one
member of the Board may be an officer or employee of the Town of Grand
Island. In the event that a vacancy occurs prior to the expiration
of the five-year term, such vacancy shall be filled for the balance
of such term in the same manner as members are appointed to full terms.
All members shall reside within the Town of Grand Island. All members
shall serve without compensation.
[Amended 10-15-2012 by L.L. No. 3-2012]
NOTE: Initial appointees to the Board shall
at the first meeting draw lots numbered 1 to 5 to determine the length
of years of their term of office.
|
C.Â
No more than two members of the Board may be affiliated
with the same political party. No member of the Board of Ethics may
hold an officer's position in any political party, except such person
may be a member of a county committee of a political party. For purposes
of this section, "political party" shall mean any political party
which appears on the ballot in the last biennial Town election. The
members shall elect a Chairman from among themselves and such other
officers as may be deemed necessary from time to time.
D.Â
A Board of Ethics member may be removed by the Town
Board after a finding of substantial neglect of duty, gross misconduct
in office, inability to discharge the powers or duties of the office
or violation of this chapter after written notice of the charges and
an opportunity for reply.
E.Â
The Town Clerk shall be the Clerk of the Board of
Ethics, and all documents filed with the Town Clerk shall be deemed
for the purposes of this chapter to be filings with the Board of Ethics.
F.Â
The Board of Ethics shall have all the powers and
duties as prescribed by Article 18 of the General Municipal Law. The
Board of Ethics may adopt and amend such rules or procedures as are
appropriate, subject to ratification of the Town Board.
Every Town officer or employee shall report
to the Erie County District Attorney or the Town Attorney any action
which may reasonably be interpreted as an improper attempt to influence
him in the conduct of his office.
[Amended 10-15-2012 by L.L. No. 3-2012]
The Town Clerk shall cause a copy of this Code
of Ethics to be distributed to every officer and employee of the Town
within 20 days of the effective date of this chapter. Thereafter,
the Town Clerk shall cause a copy of this Code of Ethics to be distributed
to every Town officer or employee elected or appointed thereafter
prior to the commencement of the duties of his or her office or employment.
Failure to distribute any such copy or failure of any officer or employee
to receive such copy shall have no effect on the duty of compliance
with such code, or the enforcement of provisions thereof.