[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:
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.
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:
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;
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;
Any card expressing holiday greetings from a Town elected official;
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;
A Town questionnaire seeking public opinion on any law, pending
or proposed legislation, public issue, or subject;
An expression of congratulations to a person who has achieved
some public distinction;
A compendium of Town laws, Town regulations, other Town publications,
publications purchased with Town funds, or publications containing
items of general information;
A postcard, brochure or pamphlet detailing or promoting services,
seminars or special events offered by the Town or Town elected officials;
Voter registration or election information or assistance prepared
and mailed in a nonpartisan manner;
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;
Correspondence or communications which are in direct response,
i.e. a solicited response, to inquiries from the person to whom the
response is sent;
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;
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;
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.
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.
