As used in this chapter, the following terms shall have the
meanings indicated:
INTEREST
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of his 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
of which such officer or employee is an officer, director or employee;
and a corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
TOWN
Any board, counsel, commission, district or other agency,
department or unit of the government of Sardinia being comprised of
elected officials or persons appointed by the Town Board.
TOWN EMPLOYEE
Any officer or employee of the Town of Sardinia, either paid
or unpaid, whether serving full-time or part-time or advisory capacity,
and this shall include both elected and appointed personnel. No person
shall be deemed to be a municipal officer or employee solely by reason
of being a volunteer fireman or civil defense volunteer, except a
fire chief or assistant fire chief.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No Town employee shall have any interest, be it financial or
not, direct or indirect, or pursue any business or transaction or
professional activity or incur any obligation whatsoever which is
in substantial conflict with the proper exercise, function and discharge
of his/her duties in the public domain and interest.
Any such Town employee who shall knowingly and intentionally
violate any provisions contained in this chapter is automatically
subject to § 805 of the General Municipal Law of the State
of New York, providing that an intentional violation knowingly of
Article 18 of the General Municipal Law is a misdemeanor and that,
under the provision of this chapter, a Town employee, if found guilty,
will be fined, suspended or removed from office or other employment
pursuant to law.
Pursuant to § 808 of the General Municipal Law of
the State of New York, the governing body of the Town may establish
a Board of Ethics and, where such governing body is so authorized,
appropriate moneys for maintenance and personal services in connection
therewith. Therefore, on the basis of the above statute, the Sardinia
Town Board does hereby establish a Board of Ethics consisting of three
members to be chosen by the Town Board, all of whom reside within
the Town of Sardinia, to serve without compensation and at the pleasure
of the Sardinia Town Board. The majority of the Board shall be persons
other than Town employees as defined herein, but shall include at
least one person who is an elected or appointed Town employee of the
Town of Sardinia. The Board of Ethics established herein is for the
purpose of giving advisory opinions to Town employees, upon written
request by same, and the Board of Ethics may, upon request of the
Town Board, make recommendations to the Town Board as to any proposed
changes or amendments to this chapter. It is understood that the opinions
of the Board of Ethics shall be strictly advisory in nature and confidential,
and at no time shall the identity of the Town employee making the
request for an opinion to the Board of Ethics be disclosed, except
to authorized persons and agencies as determined by the Board of Ethics.
Such opinions may be on the advice of counsel employed by the Board
of Ethics or by the Town Attorney.
[Amended 8-26-1989 by L.L. No. 4-1989]
A. The Board of Ethics shall accept written requests for opinions concerning
the possible violation of the Sardinia Code of Ethics and/or Article
18 of the General Municipal Law by the activities and/or interests
of Town officers and employees in the following circumstances, and
only in the following circumstances:
(1) A request from any Town officer or employee concerning his own activities
and/or interests; or
(2) A request from the Town Board concerning the activities and/or interests
of any Town officer or employee.
B. Requests by the Town Board may involve either inquiries initiated
by the Town Board itself or inquiries which the Town Board has received
from a member of the public in the form of a signed and dated written
inquiry bearing the signer's residence address and which the
Town Board has referred to the Board of Ethics, accompanied by the
Town Board's own request that the Board of Ethics consider the
matter and render an advisory opinion. In no event shall the Board
of Ethics render any advisory opinions on its own initiative or in
response to inquiries received directly from members of the public.
C. In considering such requests, the Board of Ethics shall follow the
following procedures:
(1) If any request involves the activities or interests of any member
of the Board of Ethics, the Town Board shall appoint a temporary replacement
to sit in such member's place.
(2) The Board shall afford individuals whose activities and interests
are involved in the request an opportunity to appear before the Board
and be heard, unless the Board concludes that, on the face of the
request, the activities and/or interests in question clearly involve
no violation of the Code of Ethics or Article 18 of the General Municipal
Law. The Board also may afford an opportunity to appear and be heard
to such other persons as the Board, in its discretion, feels might
provide information useful in considering the request.
(3) In considering requests and preparing advisory opinions, the Board
shall have the advice of the Town Attorney.
(4) Advisory opinions requested under Subsection
A(1) above shall be rendered to the party making the request and, if the opinion concludes that there has been an actual violation of the Code of Ethics and/or Article 18 of the General Municipal Law, a copy thereof shall be provided to the Town Board. Advisory opinions requested under Subsection
A(2) above shall be rendered to the Town Board.
The Board of Ethics is hereby empowered to establish and make
known its own rules and regulations as to its procedures and form,
and there shall be adequate and appropriate records of its opinions
and proceedings kept.
It is recognized and understood that the County of Erie has
had a Board of Ethics in existence since December 29, 1970. It is
hereby also understood that this Board may, at its opinion, refer
matters to the County Board of Ethics.
Pursuant to § 806, Subdivision 2, of the General Municipal
Law of the State of New York, the Town Supervisor shall, upon adoption
of this chapter, forward a copy of the Code of Ethics to every officer
and employee of this municipality, be said officer and employee elected
or appointed. The failure to distribute any such copy or failure of
any officer to receive such copy shall have no effect on the immediate
compliance with this Code of Ethics, nor would the enforcement of
the provisions contained therein. The Town Supervisor shall cause
a copy of this chapter to be kept posted in each public building under
the jurisdiction of the municipality and in a place conspicuous to
its officers and employees. Failure to comply with this provision
shall have no effect on the duty of officers and employees to comply
with this code, nor would the enforcement of the provisions therein.