[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove 6-26-1995 by L.L. No. 2-1995 (Ch. 2 of the 1975
Code). Amendments noted where applicable.]
[Amended 4-12-1999 by L.L. No. 3-1999]
The Town Board of the Town of Blooming Grove
recognizes that certain rules of conduct for public officers and employees
must be observed in order to maintain a high degree of professionalism,
propriety and public confidence in Town government. The purpose of
this chapter is to provide a set of standards to guide officers and
employees in executing their duties and responsibilities to the Town
and the public; to require annual disclosure of any financial interest
in matters which may involve the administration or authority of the
Town; to establish a local Board of Ethics; to provide that municipal
officers and employees may receive additional guidance from the Board
of Ethics; and to provide for penalties for the violation of the standards
of this chapter. This chapter is not intended to abrogate any requirement
or provision of state or federal law, and, in particular, all officers
and employees shall be subject to the provisions of Article 18 of
the General Municipal Law and any other general or special law or
case law relating to ethical conduct, interest in contracts and personal
interests of municipal officers and employees.
All words and phrases used herein shall have
their ordinary meanings unless the context requires otherwise or unless
set forth below:
The Town of Blooming Grove Code of Ethics, Article 18 of
the General Municipal Law, and any other general or special law or
case relating to ethical conduct, interests in contracts and personal
interests of municipal officers and employees.
[Added 4-12-1999 by L.L. No. 3-1999]
Any claim, account or demand against or agreement with the
Town, express or implied, and shall include the designation of a depository
of public funds and the designation of an official newspaper.
The officer or employee him/herself, his/her spouse or their
brothers, sisters, parents, children, grandchildren or the spouse
of any of the foregoing.
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the Town or any other business or professional transaction with the
Town. For the purposes of this chapter, a municipal officer or employee
shall be deemed to have an interest in the contract or the business
or professional affairs of:
His spouse, minor children and dependents;
A business concern, firm, partnership or association
of which such officer or employee, or such officer or employee's immediate
family is a member, partner, owner, director or employee;
A corporation of which such officer or employee
is an officer, director or employee; and
A corporation any stock of which is owned or
controlled directly or indirectly by such officer or employee or immediate
family member.
The Town Supervisor, Councilpersons and any other elected
or appointed officer or employee of the Town of Blooming Grove, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof. For the purpose of this chapter no person
shall be deemed to be a municipal officer or employee solely by reason
of being a volunteer fireman or civil defense volunteer.
The Town of Blooming Grove or any of its boards, commissions
or agencies, whether operated solely by the Town or jointly with one
or more other municipalities.
Every officer and employee of the Town shall
conduct their official and private affairs so as to be above reproach
and shall abide by the following standards of conduct:
A.
Gifts.
[Amended 4-12-1999 by L.L. No. 3-1999]
(1)
An officer or employee of the Town shall not directly
or indirectly solicit, accept or receive any gift of any value in
the form of cash, loan or negotiable instrument.
(2)
An officer or employee of the Town shall not directly
or indirectly solicit, accept or receive any gift having a value of
more than $50, whether in the form of services, travel, entertainment,
hospitality, promise, thing or any other form, under circumstances
in which it could reasonably be inferred that the gift was intended
to influence the officer or employee, or could reasonably be expected
to influence him or her in the performance of his or her official
duties, or was intended as a reward for any official action or conduct
on his or her part.
B.
Disclosure of confidential information. No officer
or employee of the Town shall disclose confidential information acquired
by him or her in the course of his or her official duties or use such
information to further his or her personal interests or the personal
interests of others.
C.
Rendering of services.
(1)
No municipal officer or employee of the Town shall
receive compensation or enter into any agreement, expressed or implied,
to receive compensation with respect to any matter which is, was or
will be before him or her for determination in his or her official
capacity as a municipal officer or employee of the Town. This provision
shall not apply to compensation received from the Town for services
rendered to the same.
(2)
No municipal officer or employee shall appear as attorney
or counsel against the interest of the Town in any matter in which
the Town is a party of complainant.
[Amended 4-12-1999 by L.L. No. 3-1999]
(3)
Representation by consultant. No Town consultant shall
appear on behalf of private interests before the Town Board, or any
other Town Board or commission or agency thereof or actively employed
by the Town.
D.
Use of position to achieve preferential treatment.
No officer, employee or consultant of the Town shall use or attempt
to use his or her official position to secure unwarranted privileges
or exemptions for himself or herself or others or grant any special
consideration, treatment or advantage to any citizen beyond that which
is available to every other citizen.
E.
Disclosure of interest in legislation or other matters
involving potential conflict of interest.
(1)
Any officer, employee or consultant who has a direct
or indirect interest in any matter before the board of which he or
she is a member or any officer or employee or consultant who has a
direct or indirect interest in any matter before the Town Board and
who participates in the discussion before or who makes a recommendation
or gives an opinion to said Board shall publicly disclose on the official
record of the relevant board or boards the nature and extent of such
interest and refrain from acting by recusal.
(2)
The following individual and/or individuals holding
the following positions shall disclose, in writing, to the Board of
Ethics all land holding in the Town of Blooming Grove, whether held
by the individual or his family or jointly with any family member
or jointly in partnership with others or as a corporation or trust
in which partnership, corporation or trust the officer or employee
or his or her spouse is an officer, director or employee or in which
he or she or his or her spouse legally or beneficially owns or controls
more than 5% of the outstanding stock or interest. In the event of
land holdings involving a partnership, corporation or trust, the officer
or employee shall provide the name of the partnership, corporation
or trust and his or her position and his or her spouse's position
with the same. Said disclosure shall be made within 10 days of commencing
employment. The individuals to which this requirement applies are:
(3)
In the event that a change occurs with respect to
any of the information required on the aforesaid disclosure statement,
the individual required to file such a statement shall file an amended
statement reflecting any such change in circumstances. Such amended
statement shall be filed within the earlier of 10 days of the individual's
knowledge of such change in circumstance or within 10 days of a request
for an amended statement by the Board of Ethics.
F.
Anti-nepotism.
[Added 12-27-2011 by L.L. No. 5-2011]
(1)
Applicability. The provisions of this Subsection H shall apply to all appointments, including but not limited to initial appointments, promotions and transfers, made on or after the effective date of this Subsection F, except such provisions shall not apply to appointments to positions that are subject to competitive examination pursuant to the state Civil Service Law and/or the Orange County Rules for the Administration of Civil Service Law or to employment and supervisory arrangements which existed and were in effect in accordance with applicable Town policy prior to the effective date of this Subsection F. However, any changes in the employment or position of an individual or in immediate family relationship, as defined herein, shall be governed by the provisions of this § 20-3F.
(2)
IMMEDIATE FAMILY
OFFICER or EMPLOYEE
Definitions. As used in this § 20-3F, the following terms shall have the meanings as set forth:
Spouses 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; or the spouse of any member of the
immediate family; or a person with whom an officer or employee shares
a residence within the context of a committed relationship.
As defined in § 20-2.
(3)
Prohibited employment.
(a)
The appointment or employment of any individual to a position
not being filled pursuant to a Civil Service Law competitive examination
shall be prohibited if that individual would supervise, or would be
supervised by, a member of that individual's immediate family.
(b)
An elected or appointed officer shall be prohibited from appointing,
directly supervising or voting for the appointment of a member of
his or her immediate family in or to any position or employment with
the Town of Blooming Grove.
G.
If any Town officer, Board member, employee or consultant
has a potential or actual conflict of interest in any matter in which
he or she encounters in the performance of his or her official Town
duties, he or she shall make known to all concerned parties the nature
of such conflict and shall refrain from any participation whatsoever
in the matter so as to avoid a true conflict. In all cases of potential
or actual conflict, the Town Board shall be made aware of the situation
by the person in conflict along with any other concerned parties,
including the duly appointed Board of Ethics.
H.
Future employment. No officer, employee or consultant,
after termination of service or employment with the Town, shall appear
before any board or agency of the Town in relation to any case, proceeding
or application in which he or she personally participated during the
period of his or her service or employment or which was under his
or her active consideration.
No officer or employee of the Town and no organization
or service chartered by or directly or indirectly sponsored or supported
by the Town shall:
A.
Discriminate or cause segregation, directly or indirectly,
based upon gender, creed, race or national origin or allow said factors
to affect the recruitment, selection, placement, assignment, compensation
or promotion of any officer, employee or member of said organization
or service.
The Town Clerk shall cause a copy of Article
18 of the General Municipal Law and of this Code of Ethics to be distributed
to every officer, employee or consultant of the Town. Failure to distribute
any such copy or failure of any officer, employee or consultant to
receive such copy shall have no effect on the duty of compliance with
such code nor the enforcement of provisions thereof.
[Amended 4-12-1999 by L.L. No. 3-1999]
A.
Establishment of Town Board of Ethics.
(1)
A local Board of Ethics for the Town of Blooming Grove
is hereby established.
(2)
The Board of Ethics shall consist of five members,
all of whom shall be appointed by the Town Board. The term of office
shall be five years, commencing January 1. However, the term of the
persons appointed to fill the two additional positions established
by this subsection shall be staggered, in a manner determined by resolution
of the Town Board, such that the term of one member expires each year
on December 31.
[Amended 3-11-2013 by L.L. No. 1-2013]
(3)
All members of the Board of Ethics shall reside within
the Town. No political party officer, lobbyist or elected official
may be a member, and not more than one Town officer or employee may
be a member.
B.
Operation of Board of Ethics.
(1)
Appropriate funds shall be allocated by the Town Board
for the operation and maintenance of the Board of Ethics.
(2)
Matters before the Board of Ethics shall be confidential, and, therefore, all meetings of the Board to discuss or hear a matter concerning the ethical conduct of an officer or employee shall be closed to the public. Opinions and requests for opinions shall be confidential records, except as provided in Subsection G(4) below or unless the individual who is the subject of the opinion specifically requests otherwise, in writing, to the Board of Ethics. All opinions and requests for opinions shall be indexed and maintained on file in an appropriate manner by the Board of Ethics.
(3)
The Attorney for the Town shall provide such legal
and advisory services to the Board of Ethics as the Board may require
for the performance of its duties.
C.
Compensation. Members of the Board of Ethics shall
not receive compensation for the performance of their official duties
but shall be reimbursed for reasonable and necessary expenses.
D.
Removal of Board member. A member of the Board of
Ethics serves at the pleasure of the Town Board and may be removed
with or without cause by a majority vote of the Town Board.
E.
Quorum, voting and meetings. At its first meeting
each year the Board of Ethics shall elect a Chairman from among its
membership. Two members of the Board shall constitute a quorum, and
a vote of at least two members shall be required for the Board to
take any action. The Board shall hold at least one regularly scheduled
meeting per year, in March of each year, and other meetings as needed.
The Chairman or any two members of the Board may call a meeting of
the Board.
F.
Powers, duties and responsibilities. The Board of
Ethics shall have the following powers, duties and responsibilities:
(1)
Prescribe and promulgate rules and regulations governing
its own organization and procedures in a manner consistent with the
code.
(2)
Review and maintain lists of officers and employees
and annual financial disclosure statements.
(4)
Index and maintain the confidentiality of advisory
opinions.
(5)
Provide training and education to Town officers and
employees with respect to the provisions of the code.
(6)
Prepare an annual report to the Town Board summarizing
the activities of the Board of Ethics.
(7)
Recommend changes to the Code of Ethics if deemed
necessary or appropriate by the Board.
(8)
Act only with respect to officers, employees and consultants
of the Town of Blooming Grove.
(9)
At the Board's option and discretion, refer any matter
within its jurisdiction to the County of Orange Board of Ethics.
(10)
Conduct any investigation and hearing necessary to
carry out the provisions of this chapter, including the power to administer
oaths or affirmations, subpoena witnesses, compel their attendance
and require the production of any books or records which it may deem
relevant and material.
[Added 1-23-2006 by L.L. No. 2-2006]
G.
Advisory opinions.
(1)
Upon the written request of a municipal officer or
employee, the Board of Ethics shall render an advisory opinion to
such officer or employee with respect to any matter addressed by the
code as such matter may apply to the subject officer or employee.
(2)
In addition, the Town Board, by majority vote, may
make a written request to the Board of Ethics to render such an advisory
opinion to a specified officer or employee with respect to any matter
addressed by the code as such matter may apply to such officer or
employee. Such requests by the Town Board shall set forth specific
reasons in support of the request. Upon such written request by the
Town Board, the Board of Ethics shall render an advisory opinion to
the officer or employee.
[Amended 3-11-2013 by L.L. No. 1-2013]
(3)
In addition, upon receipt of a sworn complaint by any person alleging
a violation of the code or upon determining on its own initiative
that a violation of the code may exist, the Board of Ethics shall
have the power and duty to conduct any investigation deemed necessary
by the Board of Ethics to carry out the provisions of this code. Upon
receipt of a sworn complaint by any person, the Board of Ethics shall
determine, in its discretion, whether the complaint contains adequate
allegations of fact to conduct an investigation. Such complaint must
be signed by the complainant and state that the complainant swears,
under penalty of perjury, that the complainant knows or reasonably
believes that the allegations made therein are true.
[Added 3-11-2013 by L.L. No. 1-2013[1]]
[1]
Editor’s Note: This local law also provided for the
redesignation of former Subsection G(3) through (6) as Subsection
G(4) through (7), respectively.
(4)
Any advisory opinion rendered by the Board of Ethics shall be in writing, shall set forth supporting reasons and shall be delivered only to the subject officer or employee. Such opinion shall remain confidential except as provided in Subsection G(4) below or unless the subject officer or employee specifically requests otherwise, in writing, to the Board of Ethics.
(5)
If the Town Board advises the Board of Ethics, in
writing, that the Town Board (or any other Town body with disciplinary
authority) is investigating potential misconduct or is considering
the preparation of disciplinary charges against any officer or employee
based, in whole or part, on an alleged violation of any matter addressed
by the code or any alleged breach of ethical conduct, and the Town
Board (or such other body) requests a copy of any advisory opinion
the Board of Ethics has rendered with respect to the subject matter
of the Town Board's (or such other body's) request, then the Board
of Ethics shall transmit said copy to the Town Board (or such other
body). The Town Board (or such other body) shall maintain the confidentiality
of any such advisory opinion, except the opinion may be made public
as part of a disciplinary hearing. If the Board of Ethics has not
rendered an advisory opinion on that subject or if the subject officer
or employee has not requested such an advisory opinion, then the Board
of Ethics shall so advise the Town Board (or other such body).
(6)
Upon written request of any board or commission of
the Town, the Board of Ethics shall render a written advisory opinion
with respect to the general interpretation or application of any provision
of the code.
(7)
Any advisory opinion rendered by the Board of Ethics
may, where appropriate, recommend to the Town Board disciplinary action
or penalties for violation of the Ethics Code.
[Added 1-23-2006 by L.L. No. 2-2006]
In addition to any penalty contained in any
other provision of law, any person who violates any of the provisions
of this code may be fined, suspended or removed from office or employment
in the manner provided by law.
[Amended 1-27-1997 by L.L. No. 1-1997]
A.
The following municipal officers and employees shall
file an annual statement of financial disclosure with the Town Clerk
on or before January 10 of each year with respect to the preceding
calendar year:
(1)
All elected officials, except justices;
(2)
All members of the Planning Board, Zoning Board of Appeals, Board
of Assessment Review, and Board of Ethics.
[Amended 6-14-2016 by L.L. No. 4-2016]
(3)
All department heads, their deputies and other persons
authorized to make policy or decisions in the absence of the department
head; and
(4)
All officers and employees in policymaking or decision-making
positions.
B.
The Town Board may, by resolution, amend the above
list of officers and employees required to submit a financial disclosure
form and, by resolution, specifically determine by title or position
those officers and employees required to submit an annual financial
disclosure form.
C.
An officer or employee required to submit a financial
disclosure form must submit an amended form within 10 days after any
relevant change in circumstances. Other filing requirements and penalties
for failure to file a financial disclosure form are set forth on the
form.
