[HISTORY: Adopted by the Town Board of the Town of Salina 2-14-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
The Town Board of the Town of Salina hereby finds that the enactment
of this chapter, which is designed to address the employment, supervision,
transfer or recommendation of relatives by Town officers or employees,
shall promote the public interest, avoid the possibility of personal
bias, and strengthen public confidence in the integrity of the Town
government.
The provisions of this chapter apply to full-time, part-time
and seasonal employees within the Town of Salina.
As used in this chapter, the following terms shall have the
meanings indicated:
Any administrative board, commission, committee, agency or
body of the Town of Salina comprised of two or more officers or employees
(e.g., Board of Zoning Appeals, Board of Ethics), excluding the Town
Board.
The Supervisor, and all members of the Town Board.
A paid or unpaid officer or employee of the Town of Salina,
including but not limited to board members. "Officer or employee"
shall not include independent contractors engaged to provide services,
goods or materials to the Town.
The spouse, domestic partner, child, stepchild, stepparent,
parent, brother, sister, stepbrother or stepsister, adopted children
or any person so related to an employee's spouse or domestic
partner.
A.
No person who is a relative of an elected official, as defined under
this chapter, shall be employed by the Town, except as required by
Civil Service Law and the rules promulgated thereunder. This chapter
shall not apply to any employee who was employed by the Town, including
seasonal employees, before this chapter was adopted on February 14,
2022.
B.
No Town officer or employee, either individually or as a member of
a board, shall participate in any decision to appoint, hire, promote,
demote, discipline or discharge a relative working as an employee.
If an employment or hiring matter arises relating to a relative, then
the officer or employee must advise his or her supervisor of the relationship,
and must be recused from any and all discussions or decisions relating
to the matter.
C.
No officer or employee of the Town shall directly or indirectly supervise
the work of any relative employed by the Town except:
(1)
As required by the collective bargaining agreement and/or the Civil
Service Law or rules promulgated thereunder;
(2)
Pursuant to a supervisory arrangement which cannot be modified or
an exception negotiated by the union prior to the effective date of
this chapter;
(3)
Pursuant to a temporary arrangement not exceeding 30 consecutive
days; or
(4)
With the written approval of the Town Board.
A.
Within 60 days of the adoption of this chapter, every officer and
employee who has not previously filed a disclosure pursuant to any
other chapter of the Town Code shall disclose, in writing, to the
Town Clerk any relative currently employed within any department,
board, commission, committee or agency. In addition, every officer
or employee shall disclose to the Town Clerk that another officer
or employee has become a relative of such officer or employee within
60 days of the officer or employee becoming a relative.
B.
Within 60 days of the adoption of this chapter, the Town Clerk shall
provide to the Town Board a listing of all Town officers and employees
who have previously disclosed, on any previously filed disclosure,
the identity of a relative employed by the Town and the name(s) of
the relative(s) disclosed. In addition, the Town Clerk shall annually,
on or before October 15, provide to the Town Board a listing of all
Town officers and employees who have, on their most recently filed
disclosure, disclosed the identity of a relative employed by the Town
and the name(s) of the relative(s) disclosed.
C.
Any person seeking employment with the Town shall sign a statement,
in a form approved by the Town Attorney, upon application for employment
with the Town of Salina stating whether or not such person is a relative
of any Town officer or employee, as defined under this chapter, and
stating the name(s) of such officer(s) or employee(s). Such statement
shall be filed with the Town Clerk prior to the Town Board considering
such person for employment.
A.
Any officer or employee who willfully violates this chapter may be
censured, fined, suspended or removed from office or employment in
a manner consistent with the collective bargaining agreement or as
provided by applicable law.
B.
Violations; procedure. The Town Attorney shall receive complaints
alleging violations of this chapter and shall have the power to conduct
any investigation necessary to carry out the provisions of this chapter.
Pursuant to this authority, the Town Attorney or his/her designee
may administer oaths or affirmations, subpoena witnesses, compel their
attendance and require the production of any books or records which
it may deem relevant or material. Any person alleged to have violated
a provision of this chapter shall be afforded an opportunity to be
heard.
