[HISTORY: Adopted by the Town Board of the
Town of Galway 10-11-2016 by L.L.
No. 4-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See
Ch. 5.
Town Board — See Ch. 24.
[1]
Editor's Note: This local law also repealed former Ch. 9,
Ethics, Code of, adopted 10-13-1970 by Ord. No. 7, as amended.
The governing body of the Town of Galway does hereby adopt a
Code of Ethics for the guidance of its officers and employees, setting
forth herein the standards of conduct reasonably expected of them
and, pursuant to Subdivision 3 of § 812 of the General Municipal
Law, the Town of Galway does hereby require that the officers and
employees are required to file with the Town Clerk a completed annual
statement of financial disclosure containing the information as asked
for in Form 200, entitled "Town of Galway Disclosure Statement."
As used in this chapter, the following terms shall have the
meanings indicated:
A parent, stepparent, stepsibling, spouse, child, stepchild,
grandparent, grandchild, household member or domestic partner of an
official or employee, and individuals having any of these relationships
to the spouse of the official or employee.
A direct or indirect pecuniary or material benefit accruing
to an official or employee as the result of a contract, business,
professional transaction or other relationship with the Town of Galway.
For purposes of this chapter, an official or employee will be deemed
to have an interest in the affairs of:
His or her spouse, domestic partner and unemancipated children.
A firm, partnership or association of which an official or employee
is a member or employee.
A corporation of which such official or employee is a member,
officer, director or employee or in which the official or employee
owns an outstanding share of any class stock.
An official of the Town of Galway government, whether paid
or unpaid, who is a member of one or more of the boards, commissions,
departments or agencies which serve the Town of Galway. The Town Board
reserves the right by resolution of such Board to add new classes
of officials or employees under this definition as deemed appropriate.
The following titles are covered by this definition:
Town Board and Supervisor.
Planning Board.
Ethics Board.
Town Attorney.
Assessor.
Planning and Zoning Attorney.
Board of Assessment Review.
Zoning Board of Appeals.
Highway Superintendent.
Town Clerk and Deputy.
Town Engineer.
Building Inspector.
Youth Commission Coordinator.
Town Historian and Deputy.
The husband or wife of the employee or official unless living
separate and apart from the employee or official with the intention
of terminating the marriage, relationship or providing for permanent
separation or unless separated pursuant to a judicial order, decree
or judgment or a legally binding separation agreement.
Any son, daughter, stepson or stepdaughter who is under the
age of 18, unmarried and living in the household of the official or
employee.
A.
Prohibited
activities. It is the policy of the Town of Galway that all officials
and employees must avoid conflicts or potential conflicts of interest.
A conflict or a potential conflict exists whenever an official or
employee has an interest, direct or indirect, which conflicts with
his or her duty to the Town or which could adversely affect an individual's
judgment in the discharge of his or her responsibilities. No official
or employee shall:
(1)
Take action or participate in any manner whatsoever in his or her
official capacity in the discussion, negotiation or the awarding of
any contract or in any business or professional dealings with the
Town of Galway or any agency thereof in which the official or employee
has or will have an interest, direct or indirect, in such contract
or professional dealings.
(2)
Engage in, solicit, negotiate for or promise to accept private employment
or render services for his or her personal benefit when such employment
or service creates a conflict or impairs the proper discharge of his
or her official duties.
(3)
Solicit, directly or indirectly, any gifts 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 be reasonably inferred that the gift was intended
to influence him or her, or 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 or her part. Nothing
in this section shall be construed to prohibit any public officer
listed in § 11 of the Domestic Relations Law from accepting
any gift or benefit having a value of $75 or less for the solemnization
of a marriage by that public officer at a place other than the public
officer's normal place of business or at a time other than the
officer's normal hours of business. For purpose of this section,
a campaign contribution made to any candidate or political party in
accord with appropriate laws shall not be considered a gift prohibited
by this subsection.
(4)
Disclose confidential information acquired in the course of his or
her official duties or use such information to further his or her
personal interest.
(5)
Accept employment or engage in any business or 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.
(6)
Take action on a matter before the Town of Galway or any instrumentality
thereof when, to his or her knowledge, the performance of that action
would provide a pecuniary or material benefit to himself or herself.
B.
Disclosure
of interest. Any official who has, will have or intends to acquire
a direct or indirect interest in any matter being considered by the
Town of Galway or by any other official board, agency, officer or
employee of the Town of Galway and who participates in the discussion
before or who gives an opinion or gives advice to any board, agency
or individual considering the same shall publicly disclose on the
official record the nature and the extent of such interest.
C.
Any
official or employee of the Town of Galway who has knowledge of any
matter being considered by any board, agency, officer or employee
of the Town of Galway, in which matter he or she has or will have
or intends to acquire any direct or indirect interest, shall be required
immediately to disclose, in writing, his or her interest to such board,
agency, officer or employee and the nature and the extent thereof.
D.
Annual
Code of Ethics review. Every official and employee is required to
attest on an annual basis that he or she has reviewed the Code of
Ethics of the Town of Galway, and such attestation shall be made on
or before the first of February each year and returned to the Town
Clerk, upon which they will be presented to the Ethics Board for yearly
audit.
A.
All
officials and employees of the Town of Galway shall file a statement
of disclosure containing the information as required by the annual
statement of disclosure form (200) which follows. The statement shall
be filed in the office of the Town Supervisor no later than the first
day of February each year and shall cover the preceding calendar year.
Newly elected or appointed officials or employees whose duties commence
after the first of January will be required to submit a statement
of disclosure within 30 days after commencement of their duties. Such
disclosure will cover the twelve-month period prior to the date of
filing. Within 30 days of any material change in the information contained
in his or her most recently filed statement, the official or employee
shall file with the Town Clerk a signed amendment to the statement
reflecting such change. It shall be the duty of the Ethics Board to
verify that each official or employee subject to this law has filed
his or her statement, and the Ethics Board shall notify the Town Board
of any instances of failing to file. The Town Clerk shall distribute
and collect the disclosure forms and present them to the Ethics Board
to audit and verify by April 1 the filing year.
B.
Disclosure
statements shall be maintained at the Town Hall for a period of seven
years from the date of filing.
A.
The
Town of Galway recognizes that public access to the disclosure statements
which are filed by Town officials and employees will enhance the public
confidence thereof and shall deter conflicts of interest and assist
in their uncovering.
B.
Any
person desiring to review the disclosure statement of any official
or employee shall submit as a request pursuant to the Freedom of Information
Law or written request to the Town of Galway's Town Board which
shall include the following:
C.
The
payment of the current fee for providing copies pursuant to a Freedom
of Information Request is required.
D.
Any
official or employee whose disclosure statement has been inspected
or copied shall be notified of the identity and the address of the
person(s) who or organization(s) which requested to view or to copy
such statement.
A.
The
Ethics Board of the Town of Galway shall consist of five members,
each appointed by a majority vote of the Town of Galway Town Board.
Each appointee must be a resident of the Town of Galway. The Chairman
of said Ethics Board shall be selected by the Town Supervisor for
a term of one year. Only one elected official of the Town of Galway
shall be allowed to serve on the Ethics Board.
B.
Town
of Galway's Ethics Board members shall serve a term of four years;
however, two of the original appointees shall be appointed to serve
an initial term of two years.
C.
Four
members of the Ethics Board shall constitute a quorum, with a vote
of at least three members being required for action by the Board.
D.
The
members of the Ethics Board shall not be compensated; however, they
may be reimbursed for reasonable expenses incurred in the performance
of their duties.
E.
Responsibilities.
The Ethics Board will meet as necessary or when called upon to convene
by the Town Board. At its meetings, the Ethics Board shall receive
and consider complaints of unethical practices or instances of alleged
impropriety which have been presented to it and shall render advisory
opinions when requested to do so by the Town Board.
F.
When
the Ethics Board determines that a conflict of interest or that other
impropriety exists, the Ethics Board will cause and direct that relevant
information pertaining to the conflict or impropriety of a particular
official or employee be filed with the Supervisor of the Town of Galway,
together with a recommendation for a penalty, if any, to be imposed.
The filing will constitute a public record to be made available to
anyone who makes application to examine such record. The Town Board
shall accept such statements and shall maintain separate files for
them.
G.
Prior
to any disclosure to the Town Board, the Ethics Board shall set forth
its findings of fact and its conclusions and the reasons which justify
its decision to make public such information. Prior to the filing
of such findings of fact and conclusions, a copy of such shall be
mailed to the official or the employee by certified mail, return receipt
requested. The official or employee may respond, rebut or otherwise
refute the findings of the Ethics Board either in writing, personally,
by counsel or any combination thereof, at a time and place specified
by the Ethics Board. The failure of the official or employee to respond
within 21 days from the date of the Ethics Board's letter shall
constitute a waiver by the official or employee. The Ethics Board
may, in its discretion, amend, revise or rewrite its findings or it
may rescind its initial decision by a majority vote of its total membership.
H.
In
addition to all the other powers conferred upon the Ethics Board,
the Ethics Board may recommend to the official or employee a manner
in which the conflict of interest or appearance of impropriety may
be resolved. An affidavit by the official or employee detailing his
or her compliance with the recommendations may be sufficient reason
to rescind the Ethics Board's decision to disclose the statement
or portion of such statement to the Town Board of the Town of Galway.
The affidavit must be delivered to the Ethics Board at a time and
place which shall be set forth in the Board's certified, return
receipt requested letter to such official or employee. If the official
or employee fails to follow the recommendations of the Ethics Board
in curing the conflict of interest or appearance of impropriety, such
fact shall also be disclosed to the Town Board of the Town of Galway.
J.
In
addition to any other powers and duties specified by this chapter,
the Ethics Board will have the power and duty to conduct any investigations
necessary to carry out its responsibilities.
K.
Notwithstanding
the provisions of Article 6 of the Public Officers Law, the only records
of the Ethics Board which will be available for public inspection
are:
L.
The
Ethics Board shall hold a meeting in April of each year to review
all financial statements to ascertain said statements are filed in
compliance with this chapter.
Complaints against any official or employee of the Town for any violation of this chapter shall be submitted to the Town Ethics Board in care of its Chairman and must contain sworn allegations of fact setting forth the name and title of the official or employee, the nature of the alleged violation and the name and address of the complainant. The Town Ethics Board shall receive such complaint and act upon it in accordance with the procedures set forth in § 9-6 of this chapter.
Any municipal officer or employee may submit a question regarding
his or her past (within the previous 12 months), present or contemplated
future conduct by written request delivered to the Chairperson of
the Ethics Board, by USPS certified letter only, and requesting that
the Ethics Board convene for the purpose of rendering an advisory
opinion as to whether such conduct was, is or would be a contravention
of this chapter. Such a request shall be in writing, signed and contain
all relevant information, including the identities and contact information
for third persons who may have, or be reasonably expected to have,
relevant information for the Ethics Board. No officer, employee or
other person may be penalized by the Town for engaging in conduct
which has been deemed by the Ethics Board to be consistent with this
chapter.
A.
Any
Town officer or employee who engages in any action that violates any
provision of this chapter may be warned or reprimanded or suspended
or removed from office or employment by the appointing authority or
person or body authorized by law to impose such sanctions. A warning,
reprimand, suspension or removal may be imposed in addition to any
other penalty contained in this chapter or in any other provision
of law.
B.
Any
Town officer or employee who violates any provision of this chapter
shall be subject to a civil fine of up to $1,500 for each violation,
as may be determined by the Town Board.
C.
Any
Town officer or employee who violates any provision of this chapter
shall be liable in damages to the Town for any losses or increased
costs incurred by the Town including all attorney's fees incurred
by the Town as a result of the violation. Such damages may be imposed
in addition to any other penalty contained in this chapter or in any
other provision of law.
D.
Any Town officer or employee who has knowingly or intentionally violated any provision of this chapter shall be subject to a civil forfeiture to the Town of a sum equal to three times the value of any financial benefit he or she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in this chapter other than a civil fine pursuant to Subsection B or damages pursuant to Subsection C or in any other provision of law.
E.
If
an official or employee filed a statement with intent to deceive or
intentionally misrepresent, or otherwise fraudulently answers any
questions set forth in the statement or intentionally withholds any
information requested or demanded in the statement, and if such deception
or misrepresentation is found to be both intentional and material,
then such official or employee may be assessed a civil penalty of
not more than $2,500 by the Town Board. An assessment of a civil penalty
will be final unless suspended or vacated within 30 days of imposition
by the Town Board.
F.
It
will be a violation of this chapter for any individual, except the
individual who files such statement, to disclose any information contained
on a financial disclosure statement, except as authorized by this
chapter. A civil action may be brought by the Ethics Board against
any person or organization that violates this subsection.
G.
Any
penalty imposed pursuant to this section shall be so imposed by the
Town Board after considering the recommendation, if any, of the Ethics
Board.
H.
Nothing
in this section shall be construed as precluding the prosecution of
officials or employees for violations of any offense, criminal or
civil, pursuant to the laws or statutes of the State of New York.
All officers and employees of the Town of Galway and members
of the Ethics Board must complete an ethics training seminar on a
biennial basis. Ethics training will be provided at the direction
of the Town Board, in conjunction with the Ethics Board. Ethics training
will be provided by qualified professionals proficient in municipal
ethics, and will be designed to keep recipients knowledgeable of current
standards and issues in municipal ethics. The cost of such training
shall be paid for the Town. The training seminar will be available
each year. Scheduling and records documenting compliance with this
section will be performed and maintained by the Town Clerk.
