[HISTORY: Comes from L.L. No. 99-2017, adopted 12-12-2017, effective 1-8-2018]
It is the desire of The Town of Hempstead, hereinafter referred to as "the Town," that restrictions and regulations on the sending of mail as mass mailings shall be established under this chapter in order to enhance the guidelines of ethical conduct for Town elected officials, their employees, designees, and those acting on behalf or in the name of the Town and to assist with and establish guidelines for the conduct of such mailings as they relate to the official business, activities, and duties of the Town and Town elected officials.
A. 
It is the intent of the Town that such official business, activities, and duties cover all matters which directly or indirectly pertain to the legislative process or to the Town or a Town elected official's functions generally, or to the functioning, working, or operating of the Town and the performance of official duties in connection therewith, and shall include, but not be limited to, the conveying of information to the public, and the requesting of the views of the public, or the views and information of other authorities of government, as a guide or a means of assistance in the performance of those functions.
B. 
It is further the intent of the Town that reasonable measures be taken to ensure that such conveyance of information regarding the aforementioned legislative process and official functions not be conducted in ways that would create undue influence upon the election results in which a Town elected official's name appears on the ballot.
As used in this chapter, the following terms will have the meanings indicated:
COUNCILMANIC DISTRICT
The geographic area from which a Councilmember was elected, and represents in his or her official duties on the Town Board, as specified in Section 3 of Chapter 7A of the Code of the Town of Hempstead.
MAIL MATTER
Any document or publication generated by or caused to be generated for the Town for general distribution to the public containing a picture, sketch, or other likeness of a Town elected official or the name, title or signature of a Town elected official; which includes, but is not limited to:
A. 
Any article, account, sketch, narration, or other text laudatory and complimentary of any Town elected official on the basis of performance of official duties as a Town elected official;
B. 
Reports of how or when a Town elected official spends time in the performance of, or in connection with, the legislative, representative, and other official functions or activities of such Town elected official;
C. 
Any card expressing holiday greetings from a Town elected official;
D. 
A Town newsletter or press release which may deal with, but is not limited to, such matters as the impact of laws and decisions on local governments and individual citizens; reports on public and official actions taken by Town elected officials; and discussions of proposed or pending legislation or governmental actions and the positions of the Town elected officials on, and arguments for or against, such matters;
E. 
A Town questionnaire seeking public opinion on any law, pending or proposed legislation, public issue, or subject;
F. 
An expression of congratulations to a person who has achieved some public distinction;
G. 
A compendium of Town laws, Town regulations, other Town publications, publications purchased with Town funds, or publications containing items of general information;
H. 
A postcard, brochure or pamphlet detailing or promoting services, seminars or special events offered by the Town or Town elected officials;
I. 
Voter registration or election information or assistance prepared and mailed in a nonpartisan manner;
J. 
A biography or autobiography of any Town elected official or any biographical or autobiographical material concerning such elected official or the spouse or other members of the family of such Town elected official;
K. 
Correspondence or communications which are in direct response, i.e. a solicited response, to inquiries from the person to whom the response is sent;
L. 
Letters, memorandums or other correspondence from a Town elected official to other Town elected officials, or to local, Town, county, state, or federal government officials;
M. 
Correspondence to any person and to all agencies and officials of local, Town, county, state, and federal governments regarding programs, decisions, and other related matters of public concern or public service, including any matter relating to past or current actions of the Town Board;
N. 
Public service announcements in connection with the local, Town, county, state or federal governmental response to an emergency condition or natural disaster endangering public health, safety or welfare.
MASS MAILING
Any mailing of newsletters or other pieces of mail matter with substantially identical content, distributed by the Town via United States Postal Mail, whether such mail matter is deposited singly or in bulk; or at the same time or different times; or printed singly or in bulk, totaling 1,000 pieces or more per mailing; or any combination of such mailings totaling 5,000 pieces or more in aggregate.
By this chapter, the Town of Hempstead shall proceed with adoption of clear and enforceable mass mailing restrictions to be adhered to by Town elected officials, employees, and others acting on behalf of or in the name of the Town. In doing so, the Town is acting pursuant to the authority bestowed upon it under Article 2 of the Municipal Home Rule Law of the State of New York. These restrictions may be amended from time to time by the Town Board, or upon recommendation by the Board of Ethics. Under the mass mailing restrictions for the Town of Hempstead, the following standards of conduct shall apply:
A. 
No Town elected official, his employees, designees, those acting on behalf or in the name of the Town shall transmit or cause to be transmitted through the mails as mass mailing:
(1) 
Mail matter which is in its nature purely personal to the Town elected official, sender, or to any other person and is unrelated to the official business, activities, and duties of the Town elected official;
(2) 
Mail matter that is postmarked fewer than 15 days immediately before the date of any general election (whether regular, special, or runoff) in which the Town elected official is a candidate for reelection or any other office, except:
[Amended 12-6-2022 by L.L. No. 91-2022, effective 12-22-2022]
(a) 
Correspondence or communications which are in direct response, i.e., a solicited response, to inquiries from the person, agency, or official of federal, state or local governments to whom the response is directed;
(b) 
Public service announcements in connection with the local, Town, county, state or federal response to an emergency condition or natural disaster endangering public health, safety or welfare;
(3) 
Mail matter which specifically solicits political support for the Town elected official, sender, any other person or any political party, or a vote or financial assistance for any candidate for any public office;
(4) 
Mail matter which is prepared for delivery outside of the area constituting the Councilmanic district from which the Councilmember was elected.
B. 
Nothing in this section shall be construed as superseding or impairing the powers, duties and responsibilities of any Town elected official or Town officer as prescribed under Article 3 of the Town Law of the State of New York.
For any and every violation of the provisions of this chapter, a Town elected official, his employees, designees, those acting on behalf or in the name of the Town or any other person who knowingly commits, takes part in or assists in any such violation shall be guilty of an offense punishable by a fine of not less than $1,000 and not exceeding $2,500 for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of four years, such violation shall be punishable by a fine of not less than $2,500 nor more than $5,000; and, upon conviction of a third or subsequent offense, all of which were committed within a period of four years, such violation shall be punishable by a fine of not less than $5,000 nor more than $10,000.
Pursuant to Section 806.2 of the General Municipal Law, upon adoption of this chapter, the Supervisor of the Town shall act to ensure that each Town elected official, their employees, designees and others acting on behalf of the Town elected official shall receive a copy thereof, except that failure to receive a copy shall not absolve any person from his or her obligation to fully comply with its provisions. Upon receipt thereof, each person shall sign an acknowledgment that he or she has received this chapter, and has fully read and understands its provisions. The Supervisor of the Town shall additionally, upon adoption of this chapter, cause the contents thereof to be published upon the Town website.
If any language, clause or provision of this Chapter 33 shall be deemed invalid and unenforceable by a court of competent jurisdiction, then that determination shall affect only the language so deemed, and the balance of the language of this Chapter 33 shall remain in full force and effect.