[Adopted 6-1-2010 by L.L. No. 10-2010, effective 6-11-2010; amended in
its entirety 11-12-2013 by L.L. No. 38-2013, effective 11-21-2013]
A.
The Town Board of the Town of Brookhaven hereby finds that the enactment
of this article, which is designed to address the employment, supervision,
transfers or recommendation of immediate family members, regardless
of time worked, of elected or appointed officials as defined under
this article, shall promote the public interest, avoid the possibility
of personal bias, and strengthen public confidence in the integrity
of the Town government. This article will ensure public confidence
in the integrity of municipal personnel practices by requiring Town
Board approval of the hiring, transfer or promotion of municipal officials'
relatives who are assigned positions not subject to competitive examination
pursuant to New York Civil Service Law.
B.
The Town Board of the Town of Brookhaven further finds that this
article shall also address contracts, purchase orders or hiring, for
work exempt under General Municipal Law to individuals who are immediate
family members of elected or appointed officials, as defined under
this article, Commissioners or any other employees who are in a supervisory
capacity over the contract, hiring or vendor, in any division or department
of the Town of Brookhaven.
A.
The provisions of this article shall apply to all appointments (including
transfers) made on or after the effective date of this article. This
article shall not apply to employment and supervisory arrangements
which existed and which were in effect in accordance with applicable
Town policy prior to the effective date of this article. However,
any future changes in employment or relationship status shall be governed
under this article.
B.
This article shall apply to all contracts, hiring or purchase orders
for work exempt under the General Municipal Law which exist, or are
in effect, as of the effective date of this article and any contract,
purchase order or hiring for work made on or after the effective date
of this article.
As used in this article, the following terms shall have the
meanings indicated:
All members of the Zoning Board, Planning Board, Accessory
Apartment Review Board, Board of Assessment Review, Board of Ethics
and Bingo Inspectors.
The Supervisor, Highway Superintendent, Town Clerk, Tax Receiver,
and all members of the Town Board.
Spouse, grandfathers, grandmothers, grandsons, granddaughters,
fathers, mothers, stepfathers, stepmothers, sons, daughters, stepsons,
stepdaughters, brothers, sisters, uncles, aunts, nieces, nephews,
first cousins, fathers-in-law, mothers-in-law, brothers-in-law, sisters-in-law,
daughters-in-law, or sons-in-law and the spouses of any members of
the employee's immediate family. Immediate family also includes
a person who is in a spouse-like relationship to the employee.
A.
The employment of any individual to a position not being filled pursuant
to Civil Service Law competitive examination, or which is not being
filled pursuant to the requirements set forth in a collective bargaining
agreement between the Town and a representative union, shall be prohibited
when that individual is an immediate family relative of an elected
or appointed official.
B.
Any individual holding an elected or appointed position as defined
under this article, for which payment is made from funds administered
by the Town of Brookhaven, shall be prohibited from supervising, employing,
appointing, or voting for the appointment of members of his or her
immediate family, in or to any position or employment when the salary,
wages, pay or compensation of such appointee is to be paid out of
such funds administered by Brookhaven Town.
C.
The hiring of a contractor or vendor for work exempt under General
Municipal Law shall be prohibited when that individual is an immediate
family member of elected or appointed officials, as defined under
this article, Commissioners or any other employees who are in a supervisory
capacity over the contractor or vendor in any department or division
of the Town of Brookhaven.
A.
Any individual hired or promoted to a position not being filled pursuant
to Civil Service Law competitive examinations, or appointed pursuant
to the requirements set forth in a collective bargaining agreement
between the Town and a representative union, shall sign a sworn affidavit
at least five business days prior to the commencement of employment
with the Town of Brookhaven stating whether or not such individual
is a relative of any Town official, elected or appointed, as defined
under this article. This affidavit shall be filed with the Town of
Brookhaven Personnel Division at least one business day prior to the
commencement of employment with the Town of Brookhaven.
B.
Any contractor or vendor hired for work exempt under General Municipal
Law shall sign a sworn affidavit at least five business days prior
to the commencement of the contract with the Town of Brookhaven stating
whether or not such individual is an immediate family member of elected
or appointed officials, as defined under this article, Commissioners
and any other employees who are in a supervisory capacity over the
contractor or vendor in any department or division of the Town of
Brookhaven.
The Town Board may authorize an exception to the prohibitions
under this article in cases where it is determined to be in accordance
with applicable law and in the best interest of the Town to grant
an exception. Requests for exceptions shall be submitted as a resolution
by a member of the Town Board in accordance with this article. The
Town Board shall hold a public hearing at a regularly advertised and
scheduled meeting; the Town Board may have the opportunity to question
the proposed employee, contractor or vendor, at said hearing. A majority
vote of the Town Board present at the meeting shall be required to
approve such an exception for employment, contract or purchase order.
Any individual who fails to file an affidavit required by § 7A-26 of this article shall be guilty of an unclassified misdemeanor punishable by a fine of $1,000 and/or a term of imprisonment not to exceed six months and immediately terminated from employment at the Town of Brookhaven. Additionally, any false statement submitted on the affidavit or any other violation not covered by this section may be punishable in accordance with New York State Penal Law.
