Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the North Hempstead Town Board 2-28-2017 by L.L. No. 2-2017. Amendments noted where applicable.
GENERAL REFERENCES
Employee organizations — See Ch. 16.
Code of Ethics — See Ch. 16A.
Governmental departments — See Ch. 23.
Governmental operations — See Ch. 24.
The Town Board of the Town of North Hempstead hereby finds that the enactment of this chapter, which is designed to address the employment, supervision, transfer or recommendation of relatives by Town officers or employees, shall promote the public interest, avoid the possibility of personal bias, and strengthen public confidence in the integrity of the Town government.
The provisions of this chapter apply to full-time, part-time and seasonal employees within the Town of North Hempstead.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
Any administrative board, commission, committee, agency or body of the Town of North Hempstead comprised of two or more officers or employees (e.g., Board of Zoning Appeals, Board of Ethics), excluding the Town Board.
ELECTED OFFICIAL
The Supervisor, Town Clerk, Tax Receiver and all members of the Town Board.
OFFICER or EMPLOYEE
A paid or unpaid officer or employee of the Town of North Hempstead, including but not limited to Board members. "Officer or employee" shall not include independent contractors engaged to provide services, goods or materials to the Town.
RELATIVE
The spouse, domestic partner, child, stepchild, stepparent, parent, grandparent, niece, nephew, aunt, uncle, first cousin, second cousin, grandchild, brother, sister, stepbrother or stepsister, adopted children or any person so related to an employee's spouse or domestic partner.
A. 
No person who is a relative of an elected official, as defined under this chapter, shall be employed by the Town, except as required by Civil Service Law and the rules promulgated thereunder.
B. 
No Town officer or employee, either individually or as a member of a Board, shall participate in any decision to appoint, hire, promote, demote, discipline or discharge a relative working as an employee. If an employment or hiring matter arises relating to a relative, then the officer or employee must advise his or her supervisor of the relationship, and must be recused from any and all discussions or decisions relating to the matter.
C. 
No officer or employee of the Town shall directly or indirectly supervise the work of any relative employed by the Town except:
(1) 
As required by the collective bargaining agreement and/or the Civil Service Law or rules promulgated thereunder;
(2) 
Pursuant to a supervisory arrangement which cannot be modified or an exception negotiated by the union prior to the effective date of this chapter;
(3) 
Pursuant to a temporary arrangement not exceeding 30 consecutive days; or
(4) 
With the written approval of the Town Board.
A. 
Within 60 days of the adoption of this chapter, every officer and employee who has not previously filed a disclosure pursuant to any other chapter of the Town Code shall disclose, in writing, to the Department of Human Resources any relative currently employed within any department, board, commission, committee or agency. In addition, every officer or employee shall disclose to the Department of Human Resources that another officer or employee has become a relative of such officer or employee within 60 days of the officer or employee becoming a relative.
B. 
Within 60 days of the adoption of this chapter, the Board of Ethics shall provide to the Department of Human Resources a listing of all Town officers and employees who have previously disclosed, on any previously filed annual statement of financial disclosure, the identity of a relative employed by the Town and the name(s) of the relative(s) disclosed. In addition, the Board of Ethics shall annually, on or before October 15, provide to the Department of Human Resources a listing of all Town officers and employees who have, on their most recently filed annual statement of financial disclosure, disclosed the identity of a relative employed by the Town and the name(s) of the relative(s) disclosed.
C. 
Any person seeking employment with the Town shall sign a statement, in a form approved by the Town Attorney, upon application for employment with the Town of North Hempstead stating whether or not such person is a relative of any Town officer or employee, as defined under this chapter, and stating the name(s) of such officer(s) or employee(s). Such statement shall be filed with the Department of Human Resources prior to the Town Board considering such person for employment.
D. 
The Department of Human Resources, in consultation with the Town Attorney's office, shall review the disclosed relationships to determine compliance with § 16B-4 hereof.
A. 
Any officer or employee who willfully violates this chapter may be censured, fined, suspended or removed from office or employment in a manner consistent with the collective bargaining agreement or as provided by applicable law.
B. 
Violations; procedure. The Town Attorney shall receive complaints alleging violations of this chapter and shall have the power to conduct any investigation necessary to carry out the provisions of this chapter. Pursuant to this authority, the Town Attorney or his/her designee may administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production of any books or records which it may deem relevant or material. Any person alleged to have violated a provision of this chapter shall be afforded an opportunity to be heard.