Unless otherwise indicated, the following terms shall be defined as such for the purpose of the Ethics Law:
- The Town Board and any board of the Town of Lumberland appointed by the Town Board, including but not limited to the Zoning Board of Appeals, the Planning Board, the Environmental Council, the Board of Ethics and the Board of Assessment Review.
- A direct or indirect pecuniary or material benefit accruing to a municipal officer, employee or appointed official, as the result of a contract with the Town of Lumberland. For the purposes of this chapter, a municipal officer or employee shall be deemed to have an interest in the contract of:
- A. His or her spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves;
- B. A firm, partnership or association of which such officer or employee is a member or employee;
- C. A corporation or company of which such officer is an officer, director or employee (or member with respect to a PLLC or LLC);
- D. A corporation, any stock of which is controlled directly or indirectly by such officer or employee.
- Having authority, capacity, power or right to act with regard to the management and administration of policy and supervision of personnel of any Town department.
- A matter that appears upon the calendar or agenda of the Board of the Town of Lumberland or upon a committee thereof upon which any official action has been taken, and which includes adopted acts, local laws, ordinances or resolutions.
- OFFICER or EMPLOYEE
- Any officer or employee of the Town and any elected official, appointed official and head of any agency, commission or board of the Town, whether paid or unpaid, whether serving in a full-time, part-time or advisory capacity.
- A spouse, domestic partner, parent, child, sibling, uncle, aunt, first cousin, nephew, niece, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-parent, step-child, step-sibling, or half-sibling. A "domestic partner" is defined as a person with whom the employee shares a residence within the context of a committed relationship.
- The Town of Lumberland or any department, board, office, commission agency or authority thereof.
No Town employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties in the public interest.
Every officer or employee of the Town of Lumberland shall be subject to and abide by the following standards of conduct:
Gifts. He/she shall not, directly or indirectly, solicit any gift or accept or receive any gift having the value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it 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 on his part.
Private employment. No Town officer or employee shall accept other employment, which will impair his or her independence of judgment in the exercise of his or her official duties.
Confidential information. No Town officer or employee shall accept employment or engage in any business, personal or professional activity, which will require him or her to disclose confidential information which he or she has gained by reason of his or her official position or authority.
Privileges and exemptions. No Town employee shall use or attempt to use his or her official position to secure unwarranted privileges or exemptions for him or her or others.
Transactions. No Town employee shall engage in any transaction as representative or agent of the Town with any business entity in which he or she has a direct or indirect financial interest that might reasonably tend to conflict or give an appearance of impropriety with respect to the proper discharge of his or her official duties.
Influence. A Town employee shall not by his or her conduct give reasonable basis for the impression that any person can improperly influence him or her or unduly enjoy his or her favor in the performance of his or her official duties, or that he or she is affected by the kinship, rank, position, or influence of any party or person.
Disclosure of interest in board action. To the extent that he or she knows thereof, a member of any board of the Town or any officer or employee of the Town, whether paid or unpaid, who participates in the discussion or gives official opinion to any board of the Town, shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in such proposed board action prior to the hearing regarding said proposed board action. To the extent that the official or employee is a voting member of such board, such member shall recuse him or herself from any discussion or any vote upon such matter. The disclosure and any recusal shall be included in the minutes of the proceeding.
Personal investments. Each Town employee shall abstain from making personal investments in enterprises, which he or she has reason to believe may be directly involved in decisions to be made by him or her or which will otherwise create substantial conflict between his or her duty in the public interest and his or her private interest.
Course of conduct. Each Town employee shall endeavor to pursue a course of conduct, which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his or her trust.
Sale of goods and services. No Town employee on a full-time basis nor any firm or association of which such employee is a member, nor any corporation, a substantial portion of the stock of which is owned or controlled directly or indirectly by such employee, shall sell goods or services to any person, firm corporation or association which is licensed or whose rates are fixed by the Town in which such employee serves or is employed.
Future employment. No Town officer or employee shall, after termination of service or employment with the Town, appear before any board or agency of the Town of Lumberland in relation to any case, proceeding or application in which he/she personally participated during the period of his/her service or employment or which was under his/her active consideration.
Nepotism. Except as otherwise required by law, no municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the municipality or a municipal board. Collective bargaining negotiations are not included in the above prohibition. No municipal officer or employee may directly supervise a relative in the performance of the relative's official powers or duties without prior approval of the Town Board. Disclosure of relationships, as defined in § 24-3, must be made by the person seeking employment and/or appointment with the Town of Lumberland. The provisions of this section shall not be applied retrospectively, with the exception that disclosure to the Town Board of any existing employment situations involving supervision of a relative by a relative is required, and said disclosure is the responsibility of the supervisor.
Editor's Note: See the definition of "relative."
In addition to any penalty contained in any other provision of law, any such Town employee who shall knowingly and intentionally violate any of the provisions of this chapter may be fined, suspended or removed from office or employment in the manner provided by law.