No Town officer or employee shall use his or her Town position or official powers and duties to secure a material benefit, whether financial or otherwise, for:
A. 
Himself or herself;
B. 
A relative, dependent or member of his or her household, or a relative of his or her spouse, or a spouse of his or her child or sibling;
[Amended 7-2-2019 by L.L. No. 52-2019, effective 7-18-2019]
C. 
Any private organization in which he or she has an interest;
D. 
A person from whom the officer or employee has received a private loan or loans, or a gift or gifts, having an aggregate value of $75 or more during the previous 12 months.
A. 
Except as provided in § 38-12 of this chapter, no Town officer or employee whether paid or unpaid, shall accept or retain other employment, engage in any business transactions, make or retain any investments, have any financial interest, or engage in other activities that directly or indirectly create a conflict with his or her official duties.
B. 
Without limitation to the foregoing, no Town officer or employee shall have an interest in any contract with the Town, when such officer or employee, individually or as a member of a board or commission, has the power or duty, whether or not exercised, to:
(1) 
Negotiate, prepare, authorize or approve the contract or authorize or approve payment thereunder;
(2) 
Audit bills or claims under the contract; or
(3) 
Appoint an officer or employee who has any of the foregoing powers or duties.
C. 
For the purposes of this section, the term "contract" means any claim, account or demand against or agreement with the Town, express or implied.
D. 
Notwithstanding the foregoing, for the purposes of this section, the term "contract" shall not include:
(1) 
The designation of a bank or trust company as a depository, paying agent, registration agent or for investment of Town funds except when the Chief Fiscal Officer, Treasurer, or his deputy or employee, has an interest in such bank or trust company; provided, however, that where designation of a bank or trust company outside the Town would be required because of the foregoing restriction, a bank or trust company within the municipality may nevertheless be so designated;
(2) 
A contract with a person, firm, corporation or association in which a Town officer or employee has an interest which is prohibited solely by reason of his or her status as an officer or employee thereof, if the compensation from such employment will not be directly affected as a result of the contract and the duties of such employment do not directly involve the procurement, preparation or performance of any part of the contract;
(3) 
The designation of a newspaper, including but not limited to an official newspaper, for the publication of any notice, resolution, ordinance or other proceeding where such publication is required or authorized by law;
(4) 
The purchase by the Town of real property or an interest therein, provided the purchase and the consideration therefor is approved by order of the supreme court upon petition of the Town Board;
(5) 
The acquisition of real property or an interest therein, through condemnation proceedings according to law;
(6) 
A contract with a membership corporation or other voluntary nonprofit corporation or association;
(7) 
The sale of bonds and notes pursuant to Section 60.10 of the Local Finance Law;
(8) 
A contract in which a Town officer or employee has an interest if such contract was entered into prior to the time he or she was elected or appointed as such officer or employee, but this subsection shall in no event authorize a renewal of any such contract;
(9) 
A contract with a corporation in which a Town officer or employee has an interest by reason of stockholdings when less than 5% of the outstanding stock of the corporation is owned or controlled directly or indirectly by such officer or employee;
(10) 
A contract for the furnishing of public utility services at rates or charges that are fixed or regulated by the public service commission;
(11) 
A contract for the payment of a reasonable rental of a room or rooms owned or leased by a Town officer or employee, used in the performance of his or her official duties, and designated as an office or chamber;
(12) 
A contract for the payment of a portion of the compensation of a private employee of an officer when such employee performs part time service in the official duties of the office;
(13) 
A contract in which a Town officer or employee has an interest if the total consideration payable thereunder, when added to the aggregate amount of all consideration payable under contracts in which such person had an interest during the fiscal year, does not exceed the sum of $750.
(14) 
A contract with a member of a private industry council established in accordance with the federal job training partnership act or any firm, corporation or association in which such member holds an interest, provided the member discloses such interest to the Council and the member does not vote on the contract.
No Town officer or employee shall participate in any decision or take any official action requiring the exercise of discretion, including discussing, deliberating or voting on a matter, when he or she knows or has reason to know that the action may confer a direct material, financial or other benefit on a person or entity specified in § 38-4 of this chapter.
A. 
The requirements relating to recusal set forth in § 38-6 of this chapter, and the disclosure requirements set forth in Article III of this chapter, shall not apply with respect to the following matters:
(1) 
Adoption of the Town's annual budget;
(2) 
Any matter requiring the exercise of discretion that directly affects any of the following groups of people or a similarly situated class of such people:
(a) 
All or substantially all Town officers or employees;
(b) 
All or substantially all residents or taxpayers of the Town or an area of the Town; or
(c) 
The general public; or
(d) 
Any ministerial matter (a matter that does not require the exercise of discretion).
(3) 
Uncompensated participation by a member of the Town Board, or by a Town Board member's staff on behalf of such member, in public advocacy whether or not on behalf of a constituent.
(4) 
Appearance by a Town employee before a Town department, agency, board or commission in a representative capacity on behalf of an employee organization in any matter where such appearance is duly authorized by the employee organization.
(5) 
Uncompensated participation in public advocacy by a Town officer or employee who serves as a political party chairperson.
B. 
Recusal shall not be required, but disclosure pursuant to Article II of this chapter shall be required, with respect to any matter:
(1) 
Which comes before a board or commission when a majority of the entire membership of the board or commission would otherwise be prohibited from acting; or
(2) 
Which comes before a Town officer when the officer would be prohibited from acting and the matter cannot be lawfully delegated to another person.
A. 
No Town officer or employee shall acquire or maintain any investment:
(1) 
The ownership of which requires that the Town officer or employee frequently and inevitably recuse himself or herself; or
(2) 
That would impair his or her independence of judgment in the exercise or performance of his or her official powers and duties.
B. 
This section shall not prohibit a Town officer or employee from acquiring or maintaining the following:
(1) 
Real property located within the Town 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 Town and acquired more than one year after the date on which the bonds or notes were originally issued.
A. 
No elected Town official or Town employee serving as staff to the Board or to a Town Board member, shall receive or agree to receive, directly or indirectly, any compensation for consulting or advisory services in connection with any proposed local law or resolution of the Town Board.
B. 
No Town officer or employee shall ask for, pursue or accept secondary employment with any person or organization that has a matter requiring the exercise of discretion pending before the Town officer or employee, either individually or as a member of a board or commission, while the matter is pending or within the 30 days following final disposition of the matter.
C. 
No Town officer or employee, during his or her tenure as a Town officer or employee, shall engage in any secondary employment, or engage in any business, commercial, or professional activity, when the secondary employment or business, commercial or professional activity:
(1) 
Involves duties that are incompatible with those of the official duties of the Town officer or employee;
(2) 
May be reasonably expected to require frequent and inevitable recusal;
(3) 
May be reasonably expected to require disclosure or personal use of confidential information gained by reason of serving as a Town officer or employee;
(4) 
Pursuant to which the officer or employee will receive, or enter into any agreement, express or implied, to receive compensation for services to be rendered in connection with any matter before any Town department, agency, board or commission of which he or she is an officer, member or employee or of any Town department, agency, board or commission over which he or she has jurisdiction or to which he has the power to appoint any member, officer or employee;
(5) 
Pursuant to which the officer or employee will receive, or enter into any agreement, express or implied, to receive compensation for services to be rendered in connection with any matter before any Town department, agency, board or commission, whereby his compensation is to be dependent or contingent upon any action by such department, agency, board or commission with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered; or
(6) 
Involves the representation of a person or organization other than the Town, or pursuant to which the officer or employee will receive, or enter into any agreement, express or implied, to receive compensation for services rendered in connection with any application, request, claim or proposal before any Town department, agency, board or commission, or any litigation, negotiations or matter requiring the exercise of discretion to which the Town is a party.
D. 
Notwithstanding the foregoing, in the absence of an actual conflict of interest, a person serving the Town or any agency thereof without compensation shall not be subject to the prohibitions set forth in Subsection C(6).
A. 
No Town officer or employee shall 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 Town officer or employee, either individually or as a member of a board or commission, while the matter is pending or within the 30 days following final disposition of the matter.
B. 
No Town officer or employee, for the one-year period after serving as a Town officer or employee, shall appear before or communicate in any form with the Town office, board, department or comparable organizational unit for which he or she served, except:
(1) 
On behalf of the state or a political subdivision or instrumentality thereof;
(2) 
Uncompensated transitional consultation regarding the duties of his or her former Town office or position;
(3) 
In furtherance of the interests of the Town with the approval of the Board of Ethics upon application of the his or her former Town department, agency, board or commission;
(4) 
For a social or other purpose not involving the official business or affairs of the Town; or
(5) 
For the purpose of uncompensated advocacy on behalf of a person or entity not specified in § 38-4 of this chapter.
C. 
No Town officer or employee, at any time after serving as a Town officer or employee, shall represent or render services to a private person or organization in connection with any particular matter in which he or she personally and substantially participated while serving as a Town officer or employee, except on behalf of the state or a political subdivision or instrumentality thereof, or in furtherance of the interests of the Town with the approval of the Board of Ethics upon application of a Town department, agency, board or commission.
No independent contractor or employee of an independent contractor of the Town shall seek to exert undue influence, or to obtain an undue preference, on behalf of a private interest, directly or indirectly, in a matter before any Town department, agency, board or commission. A violation of this section shall be cause for termination of the independent contractor's engagement with the Town.
This code shall not be construed as prohibiting a Town officer or employee or an independent contractor of the Town from:
A. 
Seeking or accepting Town services, benefits, or the use of Town facilities, on the same terms and conditions as are available to Town residents or a class of similarly situated Town residents.
B. 
Representing, without compensation, himself or herself, a relative, a dependent, or a member of his or her household, a relative of his or her spouse, or a spouse of his or her child or sibling, before a Town department, agency, board or commission other than the one served by the Town officer, employee or independent contractor; or
[Amended 7-2-2019 by L.L. No. 52-2019, effective 7-18-2019]
C. 
Asserting a claim against the Town on his or her own behalf, or on behalf of a relative, dependent or member of his or her household, or on behalf of a relative of his or her spouse, or a spouse of his or her child or sibling, unless the claim is prohibited by § 38-5 of this article, or by § 801 of the General Municipal Law.
[Amended 7-2-2019 by L.L. No. 52-2019, effective 7-18-2019]
A. 
Town resources shall be used only for lawful Town purposes. Town resources include, but are not limited to, Town personnel, compensated time, money, vehicles, equipment, letterhead, postage, printing services, materials, supplies or other property.
B. 
No Town officer or employee shall use or permit the use of Town resources for personal or private purposes, but this provision shall not be construed as prohibiting:
(1) 
Any use of Town resources authorized by law, Town policy or collective bargaining agreement to which the Town is a party;
(2) 
The use of Town resources for personal or private purposes when provided to a Town officer or employee as part of his or her compensation; or
(3) 
The occasional and incidental use of Town telephones and computers for necessary personal, nonbusiness matters such as family care and changes in work schedule.
C. 
Without limitation of the foregoing, no Town officer or employee shall use Town resources for the following purposes:
(1) 
The sale or purchase of tickets to political events;
(2) 
The solicitation of membership or participation in a political party, committee or club;
(3) 
The solicitation of a contribution to an election campaign, political party, committee or club, or a political action committee; or
(4) 
The production or distribution of campaign materials or literature.
D. 
No Town officer or employee shall cause the Town to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel.
[Amended 7-2-2019 by L.L. No. 51-2019, effective 7-18-2019; 7-2-2019 by L.L. No. 52-2019, effective 7-18-2019]
Except as otherwise required by law:
A. 
No Town officer or employee, either individually or as a member of a Town Board or commission, shall participate in, nor seek to influence, any decision to appoint, hire, promote, discipline or discharge a relative, dependent or a member of his or her household, a relative of his or her spouse, or a spouse of his or her child or sibling.
B. 
No Town officer or employee shall directly supervise, nor seek to influence, the supervision, terms and conditions of employment, work assignments, work schedule, compensation or performance evaluation of a relative, dependent or member of his or her household, a relative of his or her spouse, or a spouse of his or her child or sibling.
C. 
No Town officer or employee (the "subordinate officer or employee") shall be assigned to the same office, department or division as an elected Town official, commissioner, deputy commissioner, director or deputy director (the "superior officer or employee") to whom he or she is a relative, dependent or a member of his or her household, a relative of his or her spouse, or a spouse of his or her child or sibling, except: (i) as required by Civil Service Law and the rules promulgated thereunder; (ii) pursuant to the applicable terms of a collective bargaining agreement, if any; or (iii) pursuant to a waiver granted by the Board of Ethics upon a finding that the facts and circumstances would permit the superior officer or employee to effectively recuse himself or herself from the discussions, deliberations or decisions directly affecting the supervision, terms and conditions of employment, work assignments, work schedule, compensation or performance evaluation of the subordinate officer or employee, and that the assignment of the subordinate officer or employee to the same office, department or division as the superior officer or employee would not be likely to undermine public confidence in Town government.
A. 
No Town officer or employee shall directly or indirectly use his or her authority or official influence to compel or induce a subordinate Town 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 Town officer or employee shall 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 Town officer or employee, or an applicant for a position as a Town 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 Town officer or employee shall use his or her Town position or official powers and duties to abridge the exercise of constitutionally protected speech, nor to retaliate for the exercise of constitutionally protected speech by a subordinate Town officer or employee, a Town independent contractor, or the officers, employees or agents of a Town independent contractor.
A. 
No current or former Town officer or employee shall disclose confidential information concerning the property, government or affairs of the Town or any other confidential information of an official character obtained as a result of Town employment except when disclosure is required by law or when such information is otherwise available to the public, nor shall be or she use such information to advance the financial or other private interest of himself or herself or others.
B. 
No Town officer or employee shall directly or indirectly intercept or access an electronic communication sent or received by another Town officer or employee, except pursuant to the Freedom of Information Law or other statutory authority, a court order, a duly issued subpoena, or pursuant to an investigation authorized by the Town Attorney.
A. 
No Town officer or employee shall directly or indirectly solicit any gift or other benefit from a person who has received or sought a financial benefit from the Town within the previous 12 months.
B. 
No Town officer or employee shall accept any gift or other benefit from a person who the Town officer or employee knows or has reason to know has received or sought a financial benefit from the Town within the previous 12 months.
C. 
No Town officer or employee shall solicit, accept or agree to accept any gift, tip or other benefit for having engaged in official conduct which he or she was required or authorized to perform, and for which he or she was not entitled to any special or additional compensation.
D. 
No Town officer or employee shall accept or receive any gift, tip or other benefit, or multiple gifts, tips or other benefits from the same donor in a twelve-month period, having an aggregate value of $75 or more when:
(1) 
The gift, tip or other benefit would reasonably appear to be intended to influence the officer or employee in the exercise or performance of his or her official duties;
(2) 
The gift, tip or other benefit would reasonably be expected to influence the officer or employee in the exercise or performance of his or her official duties; or
(3) 
The gift, tip or other benefit would reasonably appear to be intended as a reward for any official action on the part of the officer or employee.
E. 
For purposes of this section, a "gift, tip or other benefit" 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, tip or other benefit is its 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.
F. 
Notwithstanding the foregoing, this section shall not prohibit:
(1) 
Gifts made to the Town;
(2) 
Gifts from a person with a family or personal relationship with the officer or employee when it is reasonable to conclude that the personal relationship, rather than the recipient's status as a Town officer or employee, is the primary motivating factor for the gift;
(3) 
Gifts given on nonrecurring special occasions, such as marriage, illness, or retirement, which are 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 Town officer or employee, or other service to the community; or
(6) 
Incidental meals and refreshments provided when a Town officer or employee is a speaker or participant at a job-related professional, charitable, educational, or community conference, program or event;
(7) 
Gifts or benefits having a value of $100 or less that are received by a Town officer or employee serving in a capacity listed in Section 11 of the Domestic Relations Law for the solemnization of a marriage by the officer or employee at a place other than his or her normal public place of business or at a time other than his or her normal hours of business;
(8) 
Gifts or benefits having a value of $75 or less that are received by a marriage officer appointed by the Town Board pursuant to Section 11-c of the Domestic Relations Law and serving without salary or wage, for the solemnization of a marriage by the officer or employee.
(9) 
Contributions made in accordance with federal or state election law.
No Town officer, employee or independent contractor shall induce a Town officer, employee or independent contractor to violate, nor aid a Town officer, employee or independent contractor in violating, any of the provisions of this chapter.
A. 
No person convicted of a felony, or a misdemeanor involving a violation of his or her oath of office, shall hold Town elective office unless such conviction shall have been reversed or vacated; a certificate of relief from civil disabilities shall not be the basis for eligibility to hold Town elective office.
B. 
No appointed officer of the Town shall continue in service after having been convicted of a felony, or a misdemeanor involving a violation of his or her oath of office, except as provided herein.
C. 
No employee of the Town shall continue in service after having been convicted of a crime that is directly related to the employment held by the individual, or that would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, as determined by the appointing authority upon consideration of the factors set forth in Corrections Law § 753.
D. 
No independent contractor of the Town shall continue in service after having been convicted of a crime that is directly related to the Town engagement, or that would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, as determined by the appointing authority upon consideration of the factors set forth in Corrections Law § 753.
E. 
A former employee of the Town convicted of a crime that is directly related to the employment held by the individual, or that would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public shall be eligible for reinstatement if such conviction shall have been reversed or vacated, or upon consideration of the factors set forth in Corrections Law § 753.
F. 
A former independent contractor of the Town convicted of a crime that is directly related to the employment held by the individual, or that would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public shall, in the discretion of the appointing authority, be eligible for reinstatement if such conviction shall have been reversed or vacated, or upon receipt of a certificate of relief from civil disabilities.