[HISTORY: Adopted by the Town Board of the
Town of Newstead 11-26-2012 by L.L. No. 8-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 23,
Ethics, Code of, adopted 10-26-1970 (Ch. 13 of the 1988 Code), as
amended.
This code establishes minimum standards of ethical conduct for
Town officials and employees to help ensure that the business of government
is free from improper influence that may arise from opportunities
for private gain. This chapter requires timely and public disclosure
of interests that could influence the actions of Town officials and
employees. It is intended to:
The standards, prohibited acts and procedures established herein
are in addition to any prohibited acts, conflict of interest provisions
or procedures prescribed by statute of the State of New York. They
also are in addition to common-law rules and judicial decisions relating
to the conduct of Town officials and employees to the extent that
the same are more severe in their application than this code.
As used in this code, the following terms shall have the meanings
indicated:
Town Board (Supervisor and Council persons) of the Town of
Newstead.
Son, daughter, stepson, stepdaughter or any other person
who could be claimed as a dependent for federal income tax purposes.
Having or providing any contract, service, or work with the
Town; buying, selling, renting, leasing, or otherwise acquiring from
or dispensing to the Town any goods, services or property.
Spouse, spouse's siblings, parent, parents-in-law, sibling,
child, stepchild, grandparent, aunt, uncle, niece, nephew, grandchild
and their spouses.
Direct or indirect financial or material benefit accruing
to a Town official or employee as the result of the Town, which such
official or employee serves, entering into a contract with a person,
business or other entity. A Town official or employee shall be deemed
to have an interest in the contract of:
A spouse, minor children or dependents, except their contract
of employment with the Town which such official or employee serves;
A firm, partnership or association of which such official or
employee is a member or employee;
A corporation of which such official or employee is an officer,
director or employee; or
A corporation any stock of which is owned or controlled directly
or indirectly by such official or employee.
Partnership, corporation, trust or other such legally recognizable
entity.
Any action by a Town official or employee done in the ordinary
course of his or her duties not requiring the use of judgment.
Entities consisting of two or more people that conduct public
business and perform a governmental function for the Town or an agency
or department thereof.
The act or process of disqualifying oneself from discussion
and/or voting by reason of prejudgment, bias or interest in a subject
matter or action.
The husband or wife of a Town official or employee unless
living separate and apart from the employee or separated pursuant
to a judicial order, decree or judgment, or a legally binding separation
agreement.
The Town of Newstead, any of its agencies, boards, committees,
or departments.
Any person working for the Town of Newstead, whether elected,
appointed, or hired, paid or unpaid, serving in a full-time, part-time
or advisory capacity, but does not include the Town Justices, Officers
or employees of the Unified Court System, volunteer firemen or civil
defense volunteers.
Person whose principal residence is in the Town or who owns
real property in the Town of Newstead.
A.
Ethical behavior and integrity become recognized characteristics
of an organization only when they exist in the people who make up
the organization. For ethical behavior and integrity to be recognized
as hallmarks of Newstead Town Government, each Town official and employee
must be honest and trustworthy at all times and in all actions.
B.
Avoiding even the appearance of impropriety is important to maintaining
public confidence in the integrity of Town government. Accordingly,
each Town official and employee must be committed to working to earn
the confidence of Town residents, fellow employees and those doing
business with the Town.
C.
Equally important are the standards governing meetings of public
bodies (e.g., Town boards, councils, or committees) wherein compliance
by Town officials and employees with the New York State Open Meeting
Law (Public Officers Law §§ 100 to 111) is required.
This assures the public that any time a quorum of a public body meets
to discuss and/or take action on public business, the meeting must
be announced and conducted open to the public. This requirement holds
whether or not there is intent to take action and regardless of the
manner in which the meeting is characterized.
D.
Achieving high standards of ethical behavior and integrity often
requires making difficult choices. The Town Ethics Board is available
to any Town official or employee for confidential consultation and
guidance on any ethics matter that may be of concern.
No Town official or employee shall have any interest, financial
or otherwise, direct or indirect, or engage in any business, transaction
or professional activity, or incur an obligation of any nature that
could be in conflict with the proper discharge of his or her duties
in the public interest, as specified in the section of prohibited
activities.
A.
No Town official or employee shall engage in any conduct that could
give the reasonable impression that he or she could be improperly
influenced by others in the performance of the Town official's
or employee's official duties or that the official or employee
is affected by the kinship, rank, position or influence of any party
or person.
B.
No Town official or employee shall disclose confidential information
acquired in the course of the Town official's or employee's
official duties unless required by law, or use such confidential information
to further his/her personal or financial interest.
C.
No Town official or employee shall use or attempt to use his or her
official position to secure unwarranted privileges or exemptions for
the official or employee or others, or to deny a legal right to others.
D.
No Town official or employee shall engage in any private employment
or render services for private interests, which could impair the official's
or employee's independence of judgment in the exercise of his
or her official duties for the Town.
E.
No Town official or employee shall engage in any transaction as a
representative or agent of the Town with any business entity in which
the employee has a direct or indirect financial interest that could
conflict with the proper discharge of the employee's official
duties.
F.
No Town official or employee shall directly or indirectly solicit,
accept, or receive any gift or series of gifts from a single source
within a calendar year having a value that exceeds $75, whether in
the form of money, service, including professional services, loan,
travel, entertainment, hospitality, thing or promise or in any other
form. Exceptions are:
G.
No Town official or employee shall make personal investments in enterprises
which the official or employee has reason to believe may be directly
involved in decisions to be made by the official or employee or which
will otherwise create substantial conflict between the official's
or employee's duty in the public interest and the official's
or employee's private interest.
H.
No Town official or employee shall:
(1)
Take or refrain from taking any action; or
(2)
Agree to take or refrain from taking any action; or
(3)
Induce or attempt to induce any other Town official or employee,
including members of any board, council, committee or agency of the
Town, to take or refrain from taking any action on any matter before
the Town which he or she knows or has reason to believe may result
in financial or material benefit for any of the following:
(a)
The Town official or employee.
(b)
A member of his or her family.
(c)
A customer or client of his or hers.
(d)
Any partnership or unincorporated association of which the Town
official or employee is a member or employee or in which he or she
has a proprietary interest.
(e)
Any corporation of which the Town official 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.
(f)
Any person or business with whom the Town official or employee
or his or her family member has an employment, professional, business
or financial relationship.
(g)
A person or entity from which the Town official or employee,
or his or her spouse has received election campaign contributions
totaling more than $250 during the past twelve months.
I.
No Town official or employee shall enter into an agreement with the Town to purchase goods or services having a value in excess of $500 per year from the Town official or employee, the Town official's or employee's family member, or a company in which the employee has an interest unless: a) those goods or services are provided following an open competitive bidding process; and b) the Town official or employee providing the goods or services files a transactional statement of disclosure as prescribed in section § 23-14 of this code. (Agreements to provide professional services are exempt from this requirement.)
J.
No Town official or employee shall knowingly transfer any asset,
interest or property for the purpose of concealing same from the disclosure
required by this code while retaining an equitable interest therein.
K.
No Town official or employee shall use any Town personnel or any
Town owned or leased equipment, materials, supplies or property for
personal gain or benefit to the Town official or employee, the Town
official's or employee's family member or any other entity,
except those which are generally available to all the residents of
the Town. Nothing herein shall limit the Town's ability to assist
those volunteer fire districts that encompass a portion of the Town.
L.
No former Town official or employee, for a period of two years after
termination of service with the Town, shall appear before the Town,
except on his or her own behalf, in relation to any case, proceeding
or application in which the employee participated, unless specifically
requested by the Town Board.
N.
No Town official or employee shall direct or influence any other
Town official or employee not to appear before any board, council,
committee or agency of the Town on behalf of the Town. Exceptions
to this restriction are opinions of the Ethics Board and/or the Town
Attorney's Office.
O.
No Town official or employee shall directly or indirectly require
any nonelected official or employee of the Town to participate in
an election campaign or require the payment of any assessments, subscription
or contribution to a political party, political party organization,
election campaign or candidate.
P.
No Town official or employee shall induce, or attempt to induce,
or assist another official or employee of the Town to violate any
provisions of this code.
A.
Every
Town official or employee shall report promptly in writing to his
or her immediate supervisor and the Ethics Board or the Town Attorney
any action by any Town official, employee or entity doing or seeking
to do business with the Town, or a person acting on behalf of such
entity which he or she interprets to be an improper attempt to influence
him or her in the conduct of his/her office, or any action which appears
to him or her to be a violation of this Code of Ethics.
B.
Any
Town official or employee reporting such actions shall be protected
by the Town against reprisal for the lawful disclosure of such information.
A.
The Ethics Board may recommend a civil penalty in an amount of up
to $10,000 to any Town official or employee who knowingly and intentionally
files a disclosure statement with intent to deceive or to otherwise
fraudulently misrepresent or withhold material information, and such
deception or misrepresentation is found to be both intentional and
material.
B.
The Ethics Board may recommend a warning, reprimand, suspension or
removal from office or employment, and/or a civil penalty in an amount
of up to $1,500 for any Town employee who knowingly and willfully:
D.
Upon the recommendation of the Ethics Board or upon its own motion,
the Town Board may impose additional disciplinary action as allowed
by law.
E.
Any person aggrieved by a final decision made under this code may
seek judicial review pursuant to Article 78 of the Civil Practice
Law and Rules.
A.
There is hereby established a Town of Newstead Ethics Board. The
Board shall be responsible for ensuring full compliance with this
Code of Ethics, including disclosures and the New York State Open
Meetings Law.
B.
The Ethics Board shall consist of seven members, each having a three-year term of office except during the period following the revision of the Code of Ethics as set forth in Subsection C below.
[Amended 9-8-2014 by L.L. No. 5-2014]
C.
In 2014, two new members will be appointed following the effective
date of the enactment of Local Law No. 5 of the Year 2014 to serve
until the end of 2014. In 2015, three members will be appointed each
to a three-year term. The terms of the existing members with terms
set to expire on December 31, 2016 and 2017, will expire on December
31, 2015. In 2016, two members will be appointed each for a three-year
term. The terms of the existing members set to expire on December
31, 2018 and December 31, 2019, will expire on December 31, 2016.
In 2017, two members will be appointed each for a three-year term.
Thereafter as each term expires each new member will be appointed
to a three-year term.
[Amended 9-8-2014 by L.L. No. 5-2014]
D.
In the event a vacancy occurs prior to the expiration of any term,
the Town Board, within three months, or as soon as practicable, shall
fill such vacancy for the balance of the term in the same manner as
members are appointed to full terms. All members shall reside in the
Town of Newstead and serve without compensation except for necessary
and reasonable expenses.
E.
No more than three members of the Ethics Board may be affiliated
with the same political party. No member shall serve as a committee
person or officer of any political party. Ethics Board members are
subject to the same ethics and disclosure requirements as are other
Town officials and employees.
[Amended 9-8-2014 by L.L. No. 5-2014]
F.
At least one member, but less than a majority of the Ethics Board,
shall be an appointed official or employee of the Town. No elected
Town official may be appointed to the Ethics Board.
G.
The members of the Ethics Board shall select a Chairperson, Vice
Chairperson and Secretary at the first meeting of each year. The duties
of the Chairperson will include: overseeing the general and special
meetings; Vice Chairperson: act as Chairperson in the absences of
the Chairperson; Secretary: take minutes of regular meetings. The
Secretary will not be responsible to take minutes of meetings or hearings
on a specific complaint. In the case of complaints, the Town Clerk
or Deputy Town Clerk will be required to keep minutes.
[Amended 9-8-2014 by L.L. No. 5-2014]
H.
The Ethics Board shall meet at least two times per year. Additional
meetings may be called by the Chairperson or a majority of all the
members upon written seven-day notice to the remaining members of
the Ethics Board. A majority of the Ethics Board, then appointed,
shall constitute a quorum.
I.
A three member Complaint Review Committee shall be selected by the
Ethics Board Chairperson at the first meeting of the Ethics Board
each year. No more than one member of said committee shall be from
the same political party. Ethics Board members shall vote their approval
of these selected members at this meeting. This Committee shall conduct
preliminary investigations of complaints and report its findings back
to the full Ethics Board. The remaining members of the Ethics Board,
less the Chairperson, shall constitute a Disclosure Review Committee
to review both the annual and transactional disclosures submitted
by Town officials and employees and then report promptly their findings
to the full Board. This includes annual disclosures filed during the
year by new employees and amended disclosures filed by employees who
are reporting changes in the information provided. The Disclosure
Review Committee shall review periodically through the year all transactional
disclosures filed with the Town Clerk to verify that such disclosures
are complete and meaningful, including those where recusal does not
take place. Discrepancies are to be reported promptly to the Ethics
Board.
J.
Meetings of the Ethics Board shall be open to the public, except
meetings called to review disclosure statements, to develop and endorse
advisory opinions, or to act upon complaints filed with the Ethics
Board. A meeting that would otherwise be closed may be opened upon
the written request of the Town official or employee whose matter
is being considered. The public shall have a ten-day notice of any
regularly scheduled meeting posted in the official paper and Town
website. In the case of meetings on a specific complaint, the meeting
notices will be published on the Town website in as much advance notice
as is possible and if feasible will be published in the official newspaper
of the Town.
[Amended 9-8-2014 by L.L. No. 5-2014]
K.
An Ethics Board member may be removed by the Town Board after:
(1)
Receipt of written notice of allegations of substantial neglect of
duty, gross misconduct, inability to discharge the powers and duties
of the office or violation of this code;
(2)
An opportunity to reply;
(3)
A finding of substantial neglect of duty, gross misconduct, inability
to discharge the powers and duties of the office or violation of this
code;
(4)
Failure to attend two consecutive meetings of the Ethics Board.
L.
The Ethics Board shall prepare and recommend to the Town Board for
approval rules, regulations and procedures necessary for internal
implementation of this code. Following approval by the Town Board,
the Ethics Board shall conduct its affairs in accordance with the
approved rules, regulations, and procedures, plus the New York State
Administrative Procedure Act and General Municipal Law.
M.
The Board of Ethics shall possess, exercise and enjoy all the rights,
powers, and privileges necessary to the enforcement of this Code of
Ethics, including after prior request and receipt of authorization
from the Town Board, the power of subpoena. This power to subpoena
includes any individual, whether or not a Town official or employee,
and any document or thing deemed necessary by the Ethics Board to
aid in resolving any complaint or investigation.
N.
The Town Clerk shall be the Clerk of the Board of Ethics and all
ethics documents filed with the Town Clerk shall be deemed for the
purposes of this Code to be filings with the Board of Ethics. The
Town Clerk or Deputy Town Clerk shall be required to keep minutes
of any meetings or hearings on a specific complaint.
[Amended 9-8-2014 by L.L. No. 5-2014]
A.
Advisory opinions.
(1)
Upon receipt of a written and signed request, the Ethics Board shall render written advisory opinions to any Town official or employee, Town agency, board, committee or department or to persons or entities seeking to do or doing business with the Town. Such advisory opinions shall consider whether an action or situation contemplated or being performed by a person or entity may be in violation of the prohibited activities cited in § 23-4, 23-5 or 23-6 of this Ethics Code or other state or municipal laws. The Ethics Board shall have the advice and support of counsel employed by the Town or by the Ethics Board in these matters.
(2)
A request for an advisory opinion shall not be made public by the
Ethics Board. The requestor should also refrain from public disclosure
of the request, unless circumstances require distribution to affected
parties. Advisory opinions rendered by the Ethics Board shall be adopted
by vote of the Ethics Board members and shall be distributed only
to the requestor, any person(s) cited in the request as being subject
to the opinion, Ethics Board members and the Town Attorney. An exception
may be made to this rule if the requestor states in writing that the
opinion may be made public by the Ethics Board.
(3)
If the Ethics Board decides that the opinion rendered may benefit
other officials or employees of the Town, the Ethics Board, with the
written consent of the requestor, may prepare and publish a summary
of such opinion. All references to specific persons, entities or the
like shall be deleted before the opinion is made public.
(4)
Opinions that are not made public pursuant to the above procedure
shall be accessible only to the Ethics Board and to the Town Attorney
to guide future deliberations.
B.
Review statements of disclosure.
(1)
The Disclosure Review Committee of the Board of Ethics shall review
all filed statements of disclosure, annual and transactional. This
review is to determine whether, pursuant to this code, any official
or employee required to file a disclosure has failed to do so, has
filed a deficient disclosure, or has filed a disclosure which reveals
that a potential or real conflict of interest exists and, if so, has
been reported by the Town official or employee involved. The results
of such reviews shall be reported periodically by the Disclosure Review
Committee to the Ethics Board.
(2)
The Ethics Board shall investigate any reported conflict of interest
and if it decides that a conflict of interest exists, it shall notify
the employee in writing of its findings. The employee shall be given
the opportunity to appear before the Ethics Board for the purpose
of responding to the Ethics Board's findings. After the hearing,
the Ethics Board shall affirm, affirm with modification, or vacate
its initial findings. Upon a determination to affirm or affirm with
modification its initial finding, the Ethics Board shall forward such
recommended determination to the Town Board, and suggest penalties
in accordance with this code.
C.
Complaints.
(1)
The Ethics Board shall receive and act upon any written complaint
alleging violations of this code. Upon receipt of a complaint, the
complaint will be initially reviewed by Complaint Review Committee
to insure that all required information required under the Code of
Ethics is included in the complaint. If following the review, the
Complaint Review Committee determines that the complaint meets the
requirements of the Code of Ethics, then the matter will proceed with
the complaint process through the Ethics Board. If it determines that
there is not a complaint that meets the requirements of the Code of
Ethics, the Complaint Review Committee will notify the Chairperson
who will notify the complainant that the complaint does not meet the
requirements and that they will have to amend their complaint to meet
the requirements of the Code of Ethics and resubmit if they want to
pursue the complaint further. A complaint may be submitted by any
Town resident, Town official or employee or entity doing or seeking
to do business with the Town. The complaint must be signed by the
person or legal entity alleging a violation of specific sections of
this code by a Town official or employee. Distribution of the complaint
by the complainant shall be limited to the Town Ethics Board, the
Town Attorney and the Town official and/or employee named in the complaint.
Absent a written complaint, the Ethics Board, with Town Board approval,
may conduct an investigation to validate an alleged violation and
act upon the alleged violation per the powers and procedures specified
in this section.
[Amended 9-8-2014 by L.L. No. 5-2014]
(2)
The Ethics Board shall refer a complaint to its Complaint Review
Committee which will investigate promptly the validity of the complaint
and report its findings and recommendations back to the Ethics Board.
The Committee may require the appearance of the official(s) and/or
employee(s) named in the complaint and any other parties for questioning,
as appropriate to its complaint validation effort.
(3)
Upon receiving the report of the Complaint Review Committee, the
Ethics Board shall dismiss the complaint if no credible evidence is
found to support it. If credible evidence is found to support the
complaint, a full formal hearing by the Ethics Board must be held
with written notice to all interested parties.
(4)
The Town official(s) and/or employee(s) who are the subject of the
complaint must receive written notice of both the Review Committee's
request to meet with him/her for questioning and any full hearing
on the complaint by the Ethics Board. He or she must appear at these
meetings. Any notice and hearing pursuant to this subsection shall
be governed by the provisions of the New York State Administrative
Procedure Act as to such matters as proper notice and the right to
counsel for both the Review Committee questioning and the Ethics Board
hearings. The Board may require the appearance and response of Town
official(s) and/or employee(s) named in the complaint plus any other
persons who may be able to provide information bearing on the complaint
validity by exercising its subpoena powers, if needed.
(5)
If the Ethics Board finds the complaint not supported by a preponderance
of factual and credible evidence, the complaint must be dismissed
and shall not be made public. If a preponderance of factual and credible
evidence is found to support the complaint, the Ethics Board shall
make a determination, setting forth its reasons, recommend a penalty,
and forward these to the Town Board for implementation.
(6)
A written decision must be prepared by the Ethics Board for every
complaint and be sent to the subject of the complaint, the submitter
of the complaint, the Town Board and Town Attorney. It shall include,
at a minimum:
(7)
If the Ethics Board finds insufficient evidence to validate the complaint
and dismisses the allegation, the subject(s) of the complaint may
elect to have the Ethics Board's written findings made public.
If the complaint is found to be valid and a recommendation is made
to the Town Board, the Town Board may make public the nature of the
complaint and its action on the matter.
D.
Education. The Ethics Board shall assist with compliance with this
code by:
(1)
Responding to written requests submitted by Town officials or employees
as to the meaning of any portion of the Ethics Code.
(2)
Developing training programs and materials on provisions and the
intent of this Code for education of Town officials or employees and
residents, as directed by the Town Board.
(3)
Providing opportunities for meetings with interested parties and
organizations, including posting of its meetings and agendas so the
public can attend and observe the open portions of its meetings.
A.
The Town Clerk's Office shall be the repository for all records
generated in compliance with this code.
B.
All records, except advisory opinions and written decisions in response
to complaints shall be destroyed after seven years from the date of
filing.
C.
Records shall include, but not be limited to, the following:
(1)
List of Town officials and employees to be updated by January 25
of each year by the Town Clerk.
(2)
Annual statements of disclosure.
(3)
Transactional statements of disclosure.
(4)
Requests for advisory opinions.
(5)
Advisory opinions.
(6)
Complaints received, summary of complaint investigations, determinations
and recommendations.
A.
Those records generated by this code and the Ethics Board shall be
governed by the Freedom of Information Law of the State of New York.
B.
Certain records generated by this code and the Ethics Board as set
forth herein are deemed to be documents the disclosure of which would
violate an employee's privacy and are not open to public inspection.
Documents exempt from such disclosure shall include but not be limited
to the following:
(1)
Complaints against specific Town officials and/or employees and all
materials related to such actions, including determinations and recommendations.
(2)
Materials of any nature relating to ongoing investigations by the
Ethics Board.
(3)
Requests for advisory opinions in accordance with this code.
(4)
Advisory opinions.
C.
It shall be a violation of this code for a Town official or employee
to inspect or copy a publicly accessible document for any unlawful
purpose.
D.
A Town official or employee whose disclosure form is accessed pursuant
to the above provisions shall be promptly notified in writing by the
Town Clerk of such access and the requestor's identity.
A.
Except as otherwise provided, all Town officials and employees, paid
or unpaid, are required to file with the Town Clerk an annual statement
of disclosure. The disclosure form shall be developed and recommended
by the Ethics Board and approved by Town Board resolution.
B.
By January 30 of each year, the Town Clerk shall mail a copy of the
annual statement of disclosure form to all Town officials and employees.
Town Justices and Employees of the Unified Court System, summer employees,
election inspectors, school crossing guards, and subcommittee members
are not required to file an annual disclosure.
C.
Town officials and employees shall fill out and sign their annual
statement of disclosure and return it to the Town Clerk within 30
days of their receipt of the annual statement of disclosure form.
D.
If any change in the information provided in an employee's annual
disclosure occurs during the calendar year, an amended disclosure
must be filed with the Town Clerk within 30 days after the change
occurs.
E.
All newly hired, appointed or elected Town officials or employees
shall file an annual statement of disclosure within 30 days of their
date of hire or appointment.
F.
Copies of the annual statement of disclosure forms are available
from the Town Clerk. A copy of the annual statement of disclosure,
although it is not a part of the Ethics Code, is included as Attachment
1[1] of this Code of Ethics for information and reference.
[1]
Editor's Note: Said attachment is included at the end of this chapter.
A.
Whenever a Town official or employee is requested or required to
take action in an official capacity on a matter before the Town and
presently knows that either the performance or nonperformance of that
action would provide a monetary or material benefit to the official
or employee, or to a 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, then the Town official
or employee shall publicly disclose the nature and extent of his or
her interest, promptly file a signed transactional statement of disclosure
(See Attachment 2.[1]) with his or her immediate superior and the Town Clerk, and shall not participate or act in that matter. (See Subsection E below in this section.) Copies of the transactional statement of disclosure are available from the Town Clerk.
[1]
Editor's Note: Said attachment is included at the end of this chapter.
C.
Any Town official or employee, upon learning of any matter being
considered by the Town in which said employee or family member has
or may have a foreseeable interest, must promptly, before any final
action is taken, file a signed transactional disclosure with his or
her immediate superior and the Town Clerk, stating the nature and
extent of his/her or a family member's interest. This filing
is required even though the employee is not a participant in the Town
action. The immediate superior shall promptly advise the Town body
considering the matter of this employee's interest.
D.
Nothing in this section shall prohibit a Town official or employee
from performing any ministerial act or require a Town employee to
file a transactional statement of disclosure prior to performing a
ministerial act. The award of a contract by a Town official pursuant
to the public bidding requirements of § 103 of the General
Municipal Law of the State of New York shall be deemed a ministerial
act.
E.
Factors.
(1)
Whereas disclosure of an interest in a matter being considered by
the Town is always required, the necessity for a Town official or
employee to recuse himself or herself must take into account:
(a)
To what extent the interest of the Town official or employee,
a family member or employer is tenuous or distant;
(b)
The public's expectation for the employee to participate
and vote in the matter under consideration; and
(c)
The possible appearance of impropriety if the employee does
not recuse.
(2)
Having taken into account these three factors and made fair and timely
public disclosure, a decision not to recuse oneself shall not be deemed
unethical.
F.
All transactional disclosures submitted to the Town Clerk, including
the reason given for not recusing, if that be the case, are to be
included in the minutes of the Town body considering the matter for
which disclosure was made.
G.
Copies of the transactional statement of disclosure forms are available
from the Town Clerk. A copy of the transactional statement of disclosure,
although it is not a part of the Ethics Code, is included as Attachment
2[2] of this Code of Ethics for information and reference.
[2]
Editor's Note: Said attachment is included at the end of this chapter.
If any clause, sentence, paragraph, section or part of this
code shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
This chapter shall become effective immediately upon its filing
with the Secretary of State.
