[HISTORY: Adopted by the Town Board of the Town of Amherst 7-2-1990 by L.L. No.
3-1990;[1] amended in its entirety 1-2-2018 by L.L. No. 1-2018. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Defense and indemnification — See Ch. 14.
[1]
Editor's Note: This local law also repealed former Ch.
19, Ethics, Code of, adopted 6-22-1970.
This chapter may be cited as the The Code of Ethics."
The Code of Ethics 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 Amherst to maintain the highest standards
of integrity in 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 of Ethics shall be in addition
to all of the restrictions, standards and provisions pertaining to
the conduct of Town officers and employees.
As used in the Code of Ethics, 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 Amherst; and shall include but not be limited
to the Town Board, Zoning Board of Appeals, Planning Board, Traffic
Safety Board, Recreation Commission, Library Board of Trustees, Board
of Ethics, Government Study Committee, Youth Board, Board of Assessment
Review, Senior Citizens Advisory Board, Amherst Industrial Development
Agency, 9/11 Commemoration Commission, Amherst Committee on Disabilities,
Amherst Community Diversity Council, Amherst Veterans Committee, Arts
and Culture in Public Places Board, Board of Electrician Examiners,
Board of Plumbing and Drainage Examiners, Citizens' Financial
Advisory Committee, Employee Suggestion Review Committee, Energy Conservation
Committee, FOIL Board, Glen Park Joint Board, Historic Preservation
Commission, Information Technology Advisory Committee, Minority/Woman
Owned Business in Amherst, Open Government Advisory Board, Recycling
and Waste Committee or an improvement district as provided by Article
12 of the Town Law.
Communicating in whatever form, whether personally or through
another person.
Having or providing any contract, service or work with a
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, half-child,
brother/sister-in-law, parent-in-law or dependent of a municipal officer
or employee.
The Town Board of the Town of Amherst.
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,
LLC, LLP and all other legal entities.
A husband or wife from whom the Town officer or employee
is not legally separated.
The Town of Amherst, and includes all agencies thereof and
officers, employees and officials thereof.
The Clerk of the Town of Amherst.
Any officer or employee of the Town of Amherst, whether paid
or unpaid, including public officials and all other members of any
agency in the Town of Amherst, 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/committee/board 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 official or employee shall:
(1)Â
Act as attorney, agent, broker, employee, consultant or
representative for any person in connection with any business dealing
that person has with the Town.
(2)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.
(3)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, LLP or unincorporated association
of which the Town officer or employee or family member, is a member
or employee or in which he or she has a proprietary interest;
(d)Â
Any corporation, LLC of which the Town officer or
employee, or family member 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 official, 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 benefited.
(4)Â
Appear before the agency/committee/board served by or
which employs such Town officer or employee except on behalf of the
Town or on his or her own behalf.
(5)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.
(6)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.
(7)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.
(8)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.
(9)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.
(10)Â
Directly or through a person or campaign committee or
other organization authorized to act on his or her behalf, utilize
Town property, the Town Seal, the Town Logo or stationery where the
header or footer states the person's employment as a Town of
Amherst employee, to 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.
(11)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.
(12)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.
B.Â
No partnership, LLP, LLC or corporation 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, LLC
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.
C.Â
No partnership, LLP 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 nor any
corporation, LLC of which he or she is an officer or director or of
which he or she legally or beneficially owns or controls more than
5% of the outstanding stock shall appear before the Town on behalf
of any person other than the Town or itself.
D.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.
E.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
$75 or less for 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.
F.Â
Nothing in this section shall be construed to prohibit
a Town officer or employee from performing any ministerial act.
G.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 official is requested or required to take
any action on a matter before the Town 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 official shall not participate in that matter
unless the official'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 a signed statement
disclosing the nature and extent of that interest.
B.Â
RELATED PERSON
(1)Â
(2)Â
(3)Â
(4)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 twenty-four (24) months a pecuniary or
material benefit having an aggregate value greater than $1,000.
C.Â
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
Long Form Disclosures: All elected Town officials, all
department heads and all Town Officials who are elected, appointed,
paid or unpaid, who are members of the Zoning Board of Appeals, Planning
Board, Youth Board, Traffic Safety Board, Government Study Committee,
Recreation Commission, Board of Assessment Review Amherst Industrial
Development Agency, Board of Ethics, Board of Electrician Examiners,
Board of Plumbing and Drainage Examiners, Citizens' Financial
Advisory Committee, Energy Conservation Committee, FOIL Board, Historic
Preservation Commission and the Open Government Advisory 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 thirty (30)
days of taking office and no later than April 30 of each year thereafter.
Within thirty (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.
B.Â
Information to be disclosed by all those Town officials defined in Section 19-6A shall be in the following form:
Annual Statement of Financial Disclosure
| ||||
Town of Amherst
| ||||
For Calendar Year _____
| ||||
(1)
|
Name:
| |||
Address:
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Email Address:
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If married, spouse's name:
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(2)
|
(a)
|
Title of Town position:
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(b)
|
Department, agency or other governmental entity:
| |||
(3)
|
Do you receive any benefits, compensation or other consideration
that are derived directly or indirectly from your employment or association
with the Town of Amherst, other than your remuneration from the Town?
| |||
Yes_____ No _____
| ||||
If YES, please describe the nature, source of and amount such
benefits, compensation or other consideration.
| ||||
Nature
|
Source
|
Amount
| ||
| ||||
(4)
|
List the address and SBL of all real property in which you,
your spouse or other family member of your household has an ownership
or other financial interest.
| |||
Name of Owner
|
Address
| |||
| ||||
(5)
|
List the name and address of any partnership, unincorporated
association, corporation, business or employer of any sort of which
you or your spouse is a member, officer or employee or from which
you or your spouse derive income of any nature, giving your position
and/or your spouse's position, if any, with such entity.
| |||
Self/Spouse
|
Position
|
Organization and Address
| ||
| ||||
(6)
|
List the name and address of any corporation, partnership, unincorporated
association or business of which you or your spouse legally or beneficially
owns or controls more than 5% of the issued and outstanding stock
or other ownership rights.
| |||
Self/Spouse
|
Organization and Address
| |||
| ||||
(7)
|
State any self-employment, and the general nature thereof, from
which you or your spouse has derived gross income in excess of $2,000
during the previous calendar year.
| |||
Self/Spouse
|
General Nature
| |||
| ||||
(8)
|
If you are unable, after reasonable effort, to obtain any of
the information required herein, so state and explain.
| |||
| ||||
Signature of Reporting Individual
| ||||
| ||||
(month, day, year)
|
C.Â
Short Form Disclosure. All Town officials who are appointed,
paid or unpaid, to any board of committee for who a long form disclosure
is not required shall file a Short Form Disclosure form containing
the following information:
A.Â
Statement of financial disclosure.
(1)Â
A reporting individual who knowingly and willfully fails
to file an annual statement of financial disclosure as provided shall
be presumed to have voluntarily withdrawn from membership on the committee/board
they were appointed to.
(2)Â
A reporting individual 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 shall be assessed
a civil penalty in an amount not exceed Ten Thousand Dollars ($10,000.00).
Assessment of a civil penalty hereunder shall be made by the Town
of Amherst Board of Ethics following a hearing which follows the procedure
set forth in the rules of procedure adopted by the Board of Ethics.
(3)Â
A reporting individual fails to file an amended financial
disclosure within thirty (30) days of any change in information contained
in his/her most recently filed financial disclosure statement shall
be presumed to have withdrawn from membership in the committee or
board that they were appointed to.
(4)Â
For a violation of this subsection 2, the Town of Amherst
Board of Ethics may, in lieu of a civil penalty, refer said violation
to the District Attorney and, upon such conviction, but only after
such referral, such violation shall be punishable as a misdemeanor.
(5)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
For violations of the conflict of interest and transactional
disclosure provisions of this chapter, the Town of Amherst Board of
Ethics shall assess a civil penalty in an amount not to exceed $10,000
or, in lieu thereof, issue a public censure or private admonition.
In addition, the appointing authority may impose disciplinary action
as otherwise provided by law.
C.Â
For violations of the Section 19-4(A)(10) the Town of Amherst
Board of Ethics shall assess a civil penalty in an amount not to exceed
$10,000.00 or, in lieu thereof, issue a public censure or private
admonition. In addition, the appointing authority may impose disciplinary
action as otherwise provided by law including removal from office/employment.
For a violation of Section 19-4(A)(10), the Town of Amherst Board
of Ethics 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 Class A misdemeanor.
D.Â
The Town of Amherst Board of Ethics shall 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.
E.Â
No reporting individual shall be subject to the sanction
contained in Subsections 1 or 2 for any offense that occurred more
than two (2) years before Notice is provided to that individual that
he/she has violated the provisions of the Ethics Code.
F.Â
Assessment of a civil penalty shall be final unless modified,
suspended or vacated within thirty (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 Amherst 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.
A.Â
On or before the first day of April of each year the Town
Supervisor, together with the Town Clerk, shall:
(1)Â
File with the Town Clerk a list of names and offices or
positions of all officials and employees required to file annual disclosures;
and
(2)Â
Notify all persons required to file annual disclosure
forms and request that the same be filed with the Town Clerk no later
than April 30th of each year. Said notifications are to be sent to
the person's current residence on file with the Town Clerk and
also be sent via email, if email is available.
B.Â
On or before the 15th day of May of each and every year,
the Board of Ethics shall meet to 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 or employees of their duty to file the
disclosure statements.
A.Â
A Board of Ethics is established and shall be known as
the "Town of Amherst Board of Ethics."
B.Â
The Board of Ethics shall consist of five (5) members who
shall serve five (5) year terms of office, one such term expiring
each year. Members shall be appointed by the Supervisor, subject to
confirmation by the Town Board. If the Supervisor shall fail to appoint
the members within thirty (30) days after the establishment of the
Board of Ethics or within thirty (30) days after a vacancy occurs
on the Board of Ethics, the Town Board shall appoint such member or
members as the case may be. Only one (1) member of the Board shall
be an officer or employee of the Town of Amherst. In the event that
a vacancy occurs prior to the expiration of the five (5) 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 Amherst. All members shall serve without compensation
except that any member who is a Town of Amherst officer or employee
shall be entitled to his usual compensation when attending upon the
business of the Board during normal working hours.
C.Â
No more than two (2) 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 Supervisor
with the approving consent of not fewer than four (4) members of 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.
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.
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.