[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 12-15-2016 by L.L. No. 14-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 18,
Code of Ethics, adopted 10-10-1989 by L.L. No. 6-1989 (Ch. 9 of the
1974 Code), as amended.
This chapter a local law amends Chapter 18, Code of Ethics, of the Code of the Town of Clarkstown.
It is the intent of this chapter to adopt a Code of Ethics which
sets forth standards of conduct for the guidance of the officers and
employees of the Town of Clarkstown with respect to disclosure of
interests in legislation before the local governing body, holding
of investments in conflict with official duties, private employment
in conflict with official duties, future employment, and such other
standards as may be deemed advisable.
This chapter is adopted pursuant to Article 18 of the General
Municipal Law which prohibits the officers and employees of a municipality
from having certain conflicts of interest. Section 806 of the General
Municipal Law requires the governing body of each county, city (other
than the City of New York), town, village, school district and fire
district to adopt a Code of Ethics that sets forth for the guidance
of its officers and employees standards of conduct reasonably expected
of them, and § 806 of the General Municipal Law also authorizes
the governing body of any other municipality to adopt such a Code
of Ethics.
Officers and employees of the Town of Clarkstown hold their
positions to serve and benefit the public, and not for obtaining unwarranted
personal or private gain in the exercise and performance of their
official powers and duties. The Town Board of Clarkstown recognizes
that, in furtherance of this fundamental principle, there is a need
for clear and reasonable standards of ethical conduct. This Code of
Ethics establishes those standards.
As used in this chapter, the following terms shall have the
meanings indicated:
The governing board of a municipality and any municipal administrative
board (e.g., planning board, zoning board of appeals), commission,
or other agency or body comprised of two or more municipal officers
or employees.
This Code of Ethics.
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
municipality or an area of the municipality, or a lawful class of
such residents or taxpayers. A municipal officer or employee is deemed
to have an interest in any private organization when he or she, his
or her spouse, or a member of his or her household is an owner, partner,
member, director, officer, employee, or directly or indirectly owns
or controls more than 5% of the organization's outstanding stock.
A paid or unpaid officer or employee of the Town of Clarkstown,
including, but not limited to, the members of any municipal board.
The Town of Clarkstown. The word "municipal" refers to the
municipality.
A spouse, parent, step-parent, sibling, stepsibling, sibling's
spouse, child, step-child, uncle, aunt, nephew, niece, first cousin,
or household member of a municipal officer or employee, and individuals
having any of these relationships to the spouse of the officer or
employee.
This Code of Ethics applies to the officers and employees of
the Town of Clarkstown, and shall supersede any prior municipal Code
of Ethics. The provisions of this Code of Ethics shall apply in addition
to all applicable state and local laws relating to conflicts of interest
and ethics, including, but not limited to, Article 18 of the General
Municipal Law and all rules, regulations, policies and procedures
of the Town of Clarkstown.
No municipal officer or employee shall use his or her municipal
position or official powers and duties to secure a financial or material
benefit for himself or herself, a relative, or any private organization
in which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before
a municipal officer or employee, either individually or as a member
of a board, and disposition of the matter could result in a direct
or indirect financial or material benefit to himself or herself, a
relative, or any private organization in which he or she is deemed
to have an interest, the municipal officer or employee shall disclose,
in writing, the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure
first comes before the municipal officer or employee, or when the
municipal officer or employee first acquires knowledge of the interest
requiring disclosure, whichever is earlier.
C.
In the case of a person serving in an elective office, the disclosure
shall be filed with the governing board of the municipality. In all
other cases, the disclosure shall be filed with the person's
supervisor or, if the person does not have a supervisor, the disclosure
shall be filed with the municipal officer, employee or board having
the power to appoint to the person's position. In addition, in
the case of a person serving on a municipal board, a copy of the disclosure
shall be filed with the board. Any disclosure made to a board shall
be made publicly at a meeting of the board and must be included in
the minutes of the meeting.
A.
No municipal officer or employee may participate in any decision
or take any official action with respect to any matter requiring the
exercise of discretion, including discussing the matter and voting
on it, when he or she knows or has reason to know that the action
could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee
from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member
of a board, then the power or duty shall be exercised or performed
by the other members of the board; or
(2)
If the power or duty is vested in a municipal officer individually,
then the power or duty shall be exercised or performed by his or her
deputy or, if the officer does not have a deputy, the power or duty
shall be performed by another person to whom the officer may lawfully
delegate the function.
(3)
If the power or duty is vested in a municipal employee, he or she
must refer the matter to his or her immediate supervisor, and the
immediate supervisor shall designate another person to exercise or
perform the power or duty.
A.
This code's prohibition on use of a municipal position (§ 18-7), disclosure requirements (§ 18-8), and requirements relating to recusal and abstention (§ 18-9), shall not apply with respect to the following matters:
A.
No municipal officer or employee may acquire the following investments:
B.
This section does not prohibit a municipal officer or employee from
acquiring any other investments or the following assets:
(1)
Real property located within the municipality and used as his or
her personal residence;
(2)
Less than 5% of the stock of a publicly traded corporation; or
(3)
Bonds or notes issued by the municipality and acquired more than
one year after the date on which the bonds or notes were originally
issued.
No municipal officer or employee, during his or her tenure as
a municipal officer or employee, may engage in any private employment,
including the rendition of any business, commercial, professional
or other types of services, when the employment:
A.
Can be reasonably expected to require more than sporadic recusal and abstention pursuant to § 18-9 of this code;
B.
Can be reasonably expected to require disclosure or use of confidential
information gained by reason of serving as a municipal officer or
employee;
C.
Violates § 805-a(1)(c) or (d) of the General Municipal
Law; or
D.
Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
A.
No municipal officer or employee may ask for, pursue or accept a
private post-government employment opportunity with any person or
organization that has a matter requiring the exercise of discretion
pending before the municipal officer or employee, either individually
or as a member of a board, while the matter is pending or within the
30 days following final disposition of the matter.
B.
No former elected official or former Town employee shall directly
or indirectly appear, render services or have any business transaction
before any board concerning a matter in which he or she was personally
involved for two years after termination of his or her service of
employment.
This code shall not be construed as prohibiting a municipal
officer or employee from:
A.
Municipal resources shall be used for lawful municipal purposes.
Municipal resources include, but are not limited to, municipal personnel,
and the municipality's money, vehicles, equipment, materials,
supplies or other property.
B.
No municipal officer or employee may use or permit the use of municipal
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when
provided to a municipal officer or employee as part of his or her
compensation; or
(3)
The occasional and incidental use during the business day of municipal
telephones and computers for necessary personal matters such as family
care and changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to
spend more than is reasonably necessary for transportation, meals
or lodging in connection with official travel.
A.
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by § 803 of the General Municipal Law.
Except as otherwise required by law:
A.
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.
B.
No municipal officer or employee may supervise a relative in the
performance of the relative's official powers or duties.
A.
No municipal officer or employee shall directly or indirectly compel
or induce a subordinate municipal officer or employee to make, or
promise to make, any political contribution, whether by gift of money,
service or other thing of value.
B.
No municipal officer or employee may act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any municipal officer or employee, or an applicant for a position
as a municipal officer or employee, on the basis of the giving or
withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
No municipal officer or employee who acquires confidential information
in the course of exercising or performing his or her official powers
or duties may disclose or use such information unless the disclosure
or use is required by law or in the course of exercising or performing
his or her official powers and duties.
A.
No municipal officer or employee shall solicit, accept or receive
a gift in violation of § 805-a(1)(a) of the General Municipal
Law as interpreted in this section.
B.
No municipal officer or employee may directly or indirectly solicit
any gift.
C.
No municipal officer or employee may accept or receive any gift,
or multiple gifts from the same donor, having an annual aggregate
value of $75 or more when:
(1)
The gift reasonably appears to be intended to influence the officer
or employee in the exercise or performance of his or her official
powers or duties;
(2)
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3)
The gift is intended as a reward for any official action on the part
of the officer or employee.
D.
For purposes of this section, a "gift" includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail
cost of the item or a comparable item. The fair market value of a
ticket entitling the holder to food, refreshments, entertainment,
or any other benefit is the face value of the ticket, or the actual
cost to the donor, whichever is greater. Determination of whether
multiple gifts from a single donor exceed $75 must be made by adding
together the value of all gifts received from the donor by an officer
or employee during the twelve-month period preceding the receipt of
the most recent gift.
E.
A gift to a municipal officer or employee is presumed to be intended
to influence the exercise or performance of his or her official powers
or duties when the gift is from a private person or organization that
seeks municipal action involving the exercise of discretion by or
with the participation of the officer or employee.
F.
A gift to a municipal officer or employee is presumed to be intended
as a reward for official action when the gift is from a private person
or organization that has obtained municipal action involving the exercise
of discretion by or with the participation of the officer or employee
during the preceding 12 months.
G.
This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that the
personal relationship, rather than the recipient's status as
a municipal officer or employee, is the primary motivating factor
for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement,
which are modest, reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of $75 or less which are publicly
presented in recognition of service as a municipal officer or employee,
or other service to the community; or
(6)
Meals and refreshments provided when a municipal officer or employee
is a speaker or participant at a job-related professional or educational
conference or program and the meals and refreshments are made available
to all participants.
Each elected official and Town employee shall be barred from
videotaping and/or audiotaping any individual or proceeding involving
Town business without the consent of each of the individuals who are
being video- and/or audiotaped. Notwithstanding the foregoing, any
individual who is acting as agent or under the direction or on behalf
of law enforcement, whether local, state or federal, is permitted
to video- and/or audiotape if such conduct is at the law enforcement
agency's direction.
A.
There is hereby established a Board of Ethics for the municipality.
The Board of Ethics shall consist of five members, a majority of whom
shall not be officers or employees of the municipality. The members
of such Board of Ethics shall be appointed by the Town Board, serve
for a period of five years, and receive no salary or compensation
for their services as members of the Board of Ethics.
B.
The Board of Ethics shall render advisory opinions to the officers
and employees of the Town of Clarkstown with respect to Article 18
of the General Municipal Law and this code, receive and investigate
sworn complaints alleging a violation of this chapter, and administer
the financial disclosure required of certain Town officers and employees.
The Board may administer oaths or affirmations, subpoena witnesses,
compel their attendance and require the production of any books or
records that it may deem relevant or material. In addition, the Board
of Ethics may make recommendations with respect to the drafting and
adoption of a Code of Ethics, or amendments thereto, upon the request
of the Town of Clarkstown.
[Amended 5-28-2019 by L.L. No. 7-2019]
C.
The Board of Ethics may adopt rules and regulations as it deems necessary
to effectively implement its duties. The board shall have the advice
of legal counsel employed by the board, or if none, the municipality's
legal counsel.
D.
The Board of Ethics shall meet as needed, and shall report annually
to the Town Board at a public meeting of the Town Board.
A.
The Town Supervisor must promptly cause a copy of this code, and
a copy of any amendment to this code, to be posted publicly and conspicuously
in each building under the municipality's control. The code must
be posted within 10 days following the date on which the code takes
effect. An amendment to the code must be posted within 10 days following
the date on which the amendment takes effect.
B.
The Town Supervisor must promptly cause a copy of this code, including
any amendments to the code, to be distributed to every person who
is or becomes an officer and employee of the Town of Clarkstown.
C.
Every municipal officer or employee who receives a copy of this code
or an amendment to the code must acknowledge such receipt in writing.
Such acknowledgments must be filed with the Town Clerk who must maintain
such acknowledgments as a public record.
D.
The failure to post this code or an amendment to the code does not
affect either the applicability or enforceability of the code or the
amendment. The failure of a municipal officer or employee to receive
a copy of this Code of Ethics or an amendment to the code, or to acknowledge
receipt thereof in writing, does not affect either the applicability
or enforceability of the code or amendment to the code.
A.
Every individual serving in the positions set forth in Appendix I[1] shall file the annual statement of financial disclosure
set forth in Appendix II.[2]
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
[2]
Editor's Note: Appendix II is included as an attachment to this chapter.
B.
Such statement of financial disclosure shall be filed with the Board
of Ethics on or before May 15 of each year with respect to the preceding
calendar year. Any person required to file a financial disclosure
statement who commences employment after April 15 of any year shall
file such statement within 30 days after commencing employment.
C.
Upon written request, the Board of Ethics may grant an extension
of time for filing of the financial disclosure statement due to justifiable
cause or undue hardship.
D.
Completed annual statements of financial disclosure shall be available
for public inspection.
A.
Any municipal officer or employee who violates this code may be censured,
fined, suspended or removed from office or employment in the manner
provided by law.
B.
Any municipal officer or employee who violates any of the provisions
of this chapter may be subject to a civil penalty in an amount not
to exceed $10,000 for each violation, with assessment of the civil
penalty to be made by the Board of Ethics.
C.
In addition, any municipal officer or employee who violates any of
the provisions of this chapter may be referred for appropriate prosecution
of a Class A misdemeanor as that term is defined in the New York State
Penal Law.
[Amended 4-10-2018 by L.L. No. 3-2018]
D.
Any person who induces any elected official or Town employee to take
any action or refrain from taking any action which is in violation
of this chapter may be guilty of a Class A misdemeanor as that term
is defined in the New York State Penal Law and may be barred from
doing business with the Town for a period of five years from the date
of conviction.
