[HISTORY: Adopted by the Town Board of the Town of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-5-1995 by L.L. No. 2-1995 (Ch. 9 of the 1966
Codification)]
This article shall be known as the "Town of Lancaster Code of Ethics," and shall be identified as Local Law No. 2 of the Year 1995, further designated as Chapter 8 of the Code of the Town of Lancaster.
A.
This code is enacted pursuant to
Article 18 of the General Municipal Law and in recognition of the
policy of the State of New York and the Town of Lancaster to maintain
the highest standards of integrity and public service.
B.
This code is intended to afford
Town officers and employees guidance in conforming to ethical standards;
to promote public confidence in the integrity of Town government;
to require public disclosure of financial interests that may influence
or be perceived as influencing actions of Town officers and employees;
and to minimize unwarranted suspicion and to provide for the fair
and effective administration of this code.
C.
This code shall be in addition to
any other restriction, standard and/or provisions pertaining to the
conduct of Town officers and employees.
As used in this article, the following terms
shall have the meanings indicated:
Any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau or
committee of the Town of Lancaster, and shall include, but not be
limited to, the Zoning Board of Appeals, Planning Board, Library Board
of Trustees, Youth Bureau, Drug Abuse Prevention Council, Assessment
Review Board, Town of Lancaster Industrial Development Agency, Senior
Citizens Director, Ethics Board and any government review or advisory
board appointed by the Town Board.
Communicating in whatever form, whether personally or through
another person.
Having or providing any contract, service or work with a
municipality; buying, selling, renting, leasing or otherwise acquiring
from or dispensing to a municipality any goods, services or property;
or applying for, petitioning, requesting or obtaining any approval,
grant, loan, license, permit or other privilege from the municipality.
Any action involving the exercise of judgment or discretion
by a municipal officer or employee, either individually or as a member
of any agency, and includes, but is not limited to, negotiation, approval,
denial, advice, recommendation, authorization or audit.
A spouse, child, stepchild, brother, sister, parent or dependent
of a municipal officer or employee.
The Town Board of the Town of Lancaster.
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
Any Town officer, employee or official who receives a salary
from the Town or who is compensated by the Town on a per diem or hourly
basis, but does not include a Town officer, employee or official who
is solely reimbursed by the Town for expenses incurred in the course
of his or her duties.
Any business dealing with the Town, or any application therefore,
or any case, proceeding, determination, investigation, charge, accusation
or arrest or any other matter involving a discretionary act of a Town
officer or employee, but does not include the proposal, consideration
or enactment of local laws, ordinances or regulations of general application.
An individual, corporation, partnership, unincorporated association
and all other entities.
A husband or wife from whom the Town officer or employee
is not legally separated.
The Town of Lancaster, and includes all agencies, officers,
employees and officials thereof.
The duly elected Town Clerk of the Town of Lancaster.
Any officer or employee of the Town of Lancaster, whether
paid or unpaid, including public officials and all other members of
any agency in the Town of Lancaster, but does not include the Town
Justices, officers or employees of the Unified Court System. Volunteer
firemen and civil defense volunteers shall not be deemed to be "Town
officers or employees."
Any Town officer or employee who has the authority either
alone or as a member of an agency to perform discretionary acts on
behalf of the Town with respect to any business dealing. "Town official"
shall not include Town Justice and any Town officer or employee who
performs only ministerial acts and duties.
A.
No Town officer or employee shall:
(1)
Act as attorney,
agent, broker, employee, consultant or representative of or for any
person in connection with any business dealing that person has with
the Town.
(2)
Directly or
indirectly solicit any gift or accept or receive any gift or series
of gifts having a value not in conformance with the amount permitted
by New York State General Municipal Law § 805-a, whether
in the form of money, service, loan, travel, entertainment, hospitality,
thing or promise, or in any other form, under circumstances in which
it could reasonably be inferred that the gift was intended 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. The
foregoing limitation shall not apply to campaign contributions not
otherwise prohibited by law.
[Amended 3-19-2018 by L.L. No. 2-2018]
(3)
Take or refrain
from taking any action or agree to take or refrain from taking any
action or induce or attempt to induce any other Town officer or employee
to take or refrain from taking any action on any matter before the
Town in order to obtain a pecuniary or material benefit for:
(a)
Himself or
herself;
(b)
A family
member;
(c)
Any partnership
or unincorporated association of which the Town officer or employee
is a member or employee or in which he or she has a proprietary interest;
(d)
Any corporation
of which the Town officer or employee is an officer or director or
of which he or she legally or beneficially owns or controls more than
5% of the outstanding stock;
(e)
Any person
with whom the Town officer or employee or his or her family member
has an employment, professional, business or financial relationship;
or
(f)
Any person
from whom the Town officer or employee or his or her spouse has received,
within any twelve-month period during the previous 24 months, a pecuniary
or material benefit having an aggregate value greater than $1,000,
unless said individuals make up less than 5% of a class of individuals
benefited.
(4)
Appear before
the agency serviced by or which employs such Town officer or employee
except on behalf of the Town or on his or her own behalf.
(5)
Appear before
the Town except on behalf of the Town or on his or her own behalf.
This subsection shall only apply to officers and employees who are
elected or who are paid by the Town.
(6)
Appear as attorney
or counsel against any interest of the Town in any matter in which
the Town is a party or a complainant.
(7)
Solicit any
nonelected officer or employee of the Town to participate in an election
campaign. This subsection shall not prohibit an elected officer from
soliciting such participation from officers and employees who are
appointed by, and directly subordinate to, such elected officer and
whose service in positions which are in the exempt classification
or the unclassified service under the Civil Service Law.
(8)
Directly or
through a person, campaign committee or other organization authorized
to act on his or her behalf solicit any nonelected Town officer or
employee of the Town to pay or promise to pay any assessment, subscription
or contribution to a political party, political party organization
or election campaign. This subsection shall not prohibit a general
solicitation of a class of person.
(9)
Directly or
through a person or campaign committee or other organization authorized
to act on his or her behalf solicit participation in an election campaign
or payment or promise of payment of any assessment, subscription or
contribution to a political party, political party organization or
election campaign from any person who, to the knowledge of the Town
officer or employee, has or within the previous 12 months has had
any business dealing with the Town. This subsection shall not prohibit
a general solicitation of a class of persons.
(10)
Except where
such disclosure is authorized by law, disclose any confidential information
acquired in the course of his or her official duties or use any such
information to advance the financial or other private interest of
himself or herself or any other person.
(11)
After termination
of his or her term of office or employment with the Town, appear before
the Town or receive compensation for any services rendered on behalf
of any person other than the Town in relation to any particular matter
upon which he or she took any discretionary act during his or her
term of office of employment with the Town.
B.
No partnership or unincorporated
association of which a Town official is a member or employee or in
which he or she has a proprietary interest, nor any corporation of
which he or she is an officer or director or legally or beneficially
owns or controls more than 5% of the outstanding stock shall appear
before the agency served by such Town official on behalf of any person
other than the Town or itself.
C.
No partnership or unincorporated
association of which a Town official who is elected or paid by the
Town is a member or employee or in which he or she is an officer or
director or of which he or she legally or beneficially owns or controls
more than 5% of the outstanding stock shall appear before the Town
on behalf of any person other than the Town or itself.
D.
Nothing in this section shall be
construed to prohibit a Town officer or employee or any other person
from receiving a municipal service or benefit or using a municipal
facility which is generally available to residents or a class of residents
in the Town.
E.
Nothing in this section shall be
construed to prohibit any Town officer or employee listed in § 11
of the Domestic Relations Law from accepting any gift or benefit having
a value as permitted by New York State General Municipal Law § 805-b
for the solemnization of a marriage by that Town officer or employee
at a place other than the Town officer's or employee's normal place
of business or at a time other than the officer's or employee's normal
hours of business and except as may be otherwise restricted by law.
[Amended 3-19-2018 by L.L. No. 2-2018]
F.
Nothing in this section shall be
construed to prohibit a Town officer or employee from performing any
ministerial act.
G.
A person who knowingly violates
any provision of this section may, in addition to any penalty contained
in any other provisions of law, be dismissed, suspended or removed
from office or employment in the manner provided by law.
A.
Whenever a Town officer or employee
is requested or required to take any action on a matter before the
Town and, to his or her knowledge, either the performance or nonperformance
of that action would provide a pecuniary or material benefit to himself
or herself or to any related person different from that which would
be derived from the action by reason of its general application to
a broad class of persons deriving such benefit, the Town officer or
employee shall not participate in that matter unless the Town officer's
or employee's recusal prohibits Town action; then said Town officer
or employee shall participate after full disclosure. Additionally,
the Town officer or employee, prior to any final action being taken,
shall file promptly with his or her immediate superior, if any, and
with the Town Clerk a signed statement disclosing the nature and extent
of that interest.
B.
For purposes of this section, "related
person" means:
(1)
A family member.
(2)
Any corporation
of which the Town officer or employee is an officer or director or
of which he or she legally or beneficially owns or controls more than
5% of the outstanding stock.
(3)
Any person with
whom the Town officer or employee or his or her family member has
an employment, business or financial relationship.
(4)
Any person from
whom the Town officer or employee or his or her spouse has received,
within any twelve-month period during the previous 24 months, a pecuniary
or material benefit having an aggregate value greater than $1,000.
C.
Nothing in this section shall be
construed to prohibit a Town officer or employee from performing any
ministerial act.
A.
All Town officials who are elected
and all members of the Zoning Board of Appeals, Planning Board, Library
Board of Trustees, Youth Bureau, Drug Abuse Prevention Council, Assessment
Review Board, Town of Lancaster Industrial Development Agency, Ethics
Board, Senior Citizens Director, Town Building Inspector, Town Engineer,
Director of Parks and Recreation and any government review or advisory
board appointed by the Town Board shall file with the Town Clerk,
who, for the purpose of this section, shall also be deemed the Secretary
of the Board of Ethics as hereinafter set forth, a signed annual disclosure
statement within 120 days of the effective date of this code; within
30 days of taking office; no later than April 30 of each year thereafter.
Within 30 days of any change in the information contained in his or
her most recently filed statement, the public official shall file
a signed amendment to the statement indicating the change.
B.
Matters to be disclosed by all elected,
paid or appointed Town officials shall be in the following form:
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ANNUAL STATEMENT OF FINANCIAL DISCLOSURE
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TOWN OF LANCASTER
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For calendar year
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1.
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Name:
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Address:
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2.
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a. Title of position:
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b. Department, agency or other governmental
agency or entity:
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3.
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Address and SBL No. of all real property within
the Town of Lancaster in which you or your spouse or other family
member of your household has an ownership or other financial interest.
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Address
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S.B.L. Number
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4.
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List the name and address of any partnership,
unincorporated association or business of which you or your spouse
is a member, officer or employee or in which you or your spouse has
a proprietary interest, giving your position and/or your spouse's
position, if any, with the partnership association or business.
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Position
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Organization
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Address of Organization
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5.
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List the name and address of any corporation
or limited partnership of which you or your spouse is an officer,
director or employee or of which you or your spouse legally or beneficially
owns or controls more than 5% of the issued and outstanding stock
or other ownership rights, listing your position and/or your spouse's
position, if any, with the corporation or limited partnership.
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Name of Corporation or Limited Partnership
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Address
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Position
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6.
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State the self-employment and the general nature
thereof from which you or your spouse has derived, during the previous
calendar year, gross income in excess of $2,000.00.
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7.
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If you are unable after reasonable effort to
obtain some or all of the information required herein, so state and
give reasons therefor.
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Signature of reporting individual
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(month, day, year)
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A.
A reporting individual who knowingly
and willfully with intent to deceive makes a false statement or gives
information which such individual knows or should have known to be
false on such statement of financial disclosure filed pursuant to
this section shall be assessed a civil penalty in an amount not to
exceed $10,000. Assessment of a civil penalty hereunder shall be made
by the Town of Lancaster Board of Ethics.
B.
For a violation of this subsection
the Town of Lancaster Board of Ethics may, in lieu of a civil penalty,
refer a violation to the District Attorney, and upon such conviction,
but only after such referral, such violation shall be punishable as
a Class A misdemeanor.
C.
Notwithstanding any other provision
of law to the contrary, no other penalty, civil or criminal, may be
imposed for failure to file or for false filing of such statement,
except that the appointing authority may impose disciplinary action
as otherwise provided by law.
D.
The Town of Lancaster Board of Ethics
shall adopt rules governing the conduct of adjudicatory proceedings
and appeals relating to the assessment of civil penalties herein authorized.
Such rules shall provide for due process procedural mechanisms substantially
similar to those set forth in Article III of the State Administrative
Procedures Act, but such mechanisms may not be identical in terms
or scope.
E.
Assessment of a civil penalty shall
be final unless modified, suspended or vacated within 30 days of imposition
and upon becoming final shall be subject to review at the instance
of the affected reporting individual in a proceeding commenced against
the Town of Lancaster Board of Ethics, pursuant to Article 78 of the
Civil Practice Law and Rules.
Transitional disclosure statements and annual
disclosure statements shall be a matter of public record and shall
be filed and indexed with the Town Clerk. The Town Clerk shall retain
such disclosure statements for a period of not less than seven years
from the calendar year covered by the filing.
A.
On or before the 1st day of April
of each year the Town Clerk shall, after consultation with the Town
Attorney, notify all persons required to file annual disclosures by
forwarding to them an Annual Statement of Financial Disclosure.
B.
On or before the 15th day of May
of each and every year the Board of Ethics shall ascertain and verify
that every required individual has filed the required disclosure statement.
C.
Failure of the Town Clerk to notify
any or all individuals required shall not relieve Town officials of
their duty to file the disclosure statements.
A.
A Board of Ethics
is established and shall be known as the Town of Lancaster Board of
Ethics.
B.
Members and terms.
(1)
The Board of
Ethics shall consist of five members who shall initially serve a one-
to five-year term. Thereafter, members shall be appointed for a five-year
term.
(2)
If the Supervisor
shall fail to appoint the members within 30 days after the establishment
of the Board of Ethics or within 30 days after a vacancy occurs on
the Board of Ethics, the Town Board shall appoint such member or members
as the case may be. Only one member of the Board shall be an officer
or employee of the Town of Lancaster.
(3)
In the event
that a vacancy occurs prior to the expiration of the five-year term,
such vacancy shall be filled for the balance of such term in the same
manner as members are appointed to full terms. All members shall reside
within the Town of Lancaster.
(4)
All members
shall serve without compensation, except that any member who is a
Town of Lancaster officer or employee shall be entitled to his usual
compensation when attending upon the business of the Board during
normal working hours.
C.
Political parties.
(1)
No more than
two members of the Board may be affiliated with the same political
party. No member of the Board of Ethics may hold an officer's position
in any political party, except such person may be a member of a county
committee of a political party.
(2)
For purposes
of this section, "political party" shall mean any political party
which appears on the ballot in the last biennial Town election. The
members shall elect a Chairman from among themselves and such other
officers as may be deemed necessary from time to time.
D.
A Board of Ethics
member may be removed by the Town Supervisor with the approving consent
of not less than five members of the Town Board after a finding of
substantial neglect of duty, gross misconduct in office, inability
to discharge the powers or duties of the office or violation of this
act after written notice of the charges and an opportunity to reply.
E.
The Town Clerk
shall be the Clerk of the Board of Ethics and all documents filed
with the Town Clerk shall be deemed, for the purposes of this article,
to be filed with the Board of Ethics.
F.
The Board of Ethics
shall have all the powers and duties as prescribed by Article 18 of
the General Municipal Law. The Board of Ethics may adopt and amend
such rules or procedures as are appropriate.
Every Town officer or employee shall report
to the Erie County District Attorney or the Town Attorney any action
which may reasonably be interpreted as an improper attempt to influence
him in the conduct of his office.
This article shall take effect after mailing,
filing and publication as required by law.
