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:
His or her spouse, minor children and dependents, except a contract
of employment with the municipality which such officer or employee
serves;
A firm, partnership or association of which such officer or
employee is a member or employee;
A corporation or company of which such officer is an officer,
director or employee (or member with respect to a PLLC or LLC);
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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,[1] 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.
[1]
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.
