[HISTORY: Adopted by the North Hempstead Town Board 2-28-2017 by L.L. No. 2-2017. Amendments noted where applicable.
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:
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.
The Supervisor, Town Clerk, Tax Receiver and all members
of the Town Board.
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.
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.
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.
