[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.
As used in this article, the following terms
shall have the meanings indicated:
AGENCY
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.
BUSINESS DEALING
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.
DISCRETIONARY ACT
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.
FAMILY MEMBER
A spouse, child, stepchild, brother, sister, parent or dependent
of a municipal officer or employee.
MINISTERIAL ACT
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
PAID TOWN OFFICER, EMPLOYEE OR OFFICIAL
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.
PARTICULAR MATTER
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.
PERSON
An individual, corporation, partnership, unincorporated association
and all other entities.
SPOUSE
A husband or wife from whom the Town officer or employee
is not legally separated.
TOWN
The Town of Lancaster, and includes all agencies, officers,
employees and officials thereof.
TOWN CLERK
The duly elected Town Clerk of the Town of Lancaster.
TOWN OFFICER OR EMPLOYEE
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."
TOWN OFFICIAL
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.
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.
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.