Officers and employees of the Town of Woodbury hold their positions to serve and benefit the public, and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties. The Town Board of Woodbury recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct. This Code of Ethics establishes those standards.
[HISTORY: Adopted by the Town Board of the Town of Woodbury 9-5-2024 by L.L. No. 2-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 39, Code of Ethics, adopted 11-28-2005 by L.L. No. 12-2005. History includes 7-16-1970, 5-17-2012 by L.L. No. 1-2012.
The Town Board of Woodbury and any municipal administrative board (e.g., Planning Board, Zoning of Board of Appeals), commission, or other agency or body comprised of two or more municipal officers or employees.
This Code of Ethics.
A direct or indirect financial or material benefit but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the municipality or an area of the municipality, or a lawful class of such residents or taxpayers. A municipal officer or employee is deemed to have an interest in any private organization when he or she, his or her spouse, or a member of his or her household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 5% of the organization's outstanding stock.
A paid or unpaid officer or employee of the Town of Woodbury, including, but not limited to, the members of any municipal board.
The Town of Woodbury. The word "municipal" refers to the municipality.
A spouse, parent, step-parent, sibling, step-sibling, sibling's spouse, child, step-child, uncle, aunt, nephew, niece, first cousin, or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse of the officer or employee.
This Code of Ethics applies to the officers and employees of the Town of Woodbury and shall supersede any prior municipal code of ethics. The provisions of this Code of Ethics shall apply in addition to all applicable state and local laws relating to conflicts of interest and ethics, including, but not limited to, Article 18 of the General Municipal Law and all rules, regulations, policies and procedures of the Town of Woodbury.
No municipal officer or employee shall use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any private organization in which he or she is deemed to have an interest.
A.
Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a relative, or any private organization in which he or she is deemed to have an interest, the municipal officer or employee shall disclose in writing the nature of the interest.
B.
The disclosure shall be made when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier.
C.
In the case of a person serving in an elective office, the disclosure shall be filed with the governing board of the municipality. In all other cases, the disclosure shall be filed with the person's supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person's position. In addition, in the case of a person serving on a municipal board, a copy of the disclosure shall be filed with the board. Any disclosure made to a board shall be made publicly at a meeting of the board and must be included in the minutes of the meeting.
A.
No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on himself or herself, a relative, or any private organization in which he or she is deemed to have an interest.
B.
In the event that this section prohibits a municipal officer or employee from exercising or performing a power or duty:
(1)
If the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or
(2)
If the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function.
(3)
If the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty.
A.
This code's prohibition on use of a municipal position (§ 39-4), disclosure requirements (§ 39-5), and requirements relating to recusal and abstention (§ 39-6), shall not apply with respect to the following matters:
A.
No municipal officer or employee may acquire the following investments:
B.
This section does not prohibit a municipal officer or employee from acquiring any other investments or the following assets:
(1)
Real property located within the municipality 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 municipality and acquired more than one year after the date on which the bonds or notes were originally issued.
No municipal officer or employee, during his or her tenure as a municipal officer or employee, may engage in any private employment, including the rendition of any business, commercial, professional or other types of services, when the employment:
A.
Can be reasonably expected to require more than sporadic recusal and abstention pursuant to § 39-6 of this code;
B.
Can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee;
C.
Violates § 805-a1c or d of the General Municipal Law; or
D.
Requires representation of a person or organization other than the municipality in connection with litigation, negotiations or any other matter to which the municipality is a party.
A.
No municipal officer or employee may 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 municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the 30 days following final disposition of the matter.
B.
No municipal officer or employee, for the two-year period after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any matter involving the exercise of discretion before the municipal office, board, department or comparable organizational unit for which he or she serves.
C.
No municipal officer or employee, at any time after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee.
This code shall not be construed as prohibiting a municipal officer or employee from:
A.
Municipal resources shall be used for lawful municipal purposes. Municipal resources include, but are not limited to, municipal personnel, and the municipality's money, vehicles, equipment, materials, supplies or other property.
B.
No municipal officer or employee may use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting:
(1)
Any use of municipal resources authorized by law or municipal policy;
(2)
The use of municipal resources for personal or private purposes when provided to a municipal officer or employee as part of his or her compensation; or
(3)
The occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters such as family care and changes in work schedule.
C.
No municipal officer or employee shall cause the municipality to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel.
Except as otherwise required by law:
A.
No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the municipality or a municipal board.
B.
No municipal officer or employee may supervise a relative in the performance of the relative's official powers or duties.
A.
No municipal officer or employee shall directly or indirectly compel or induce a subordinate municipal 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 municipal officer or employee may 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 municipal officer or employee, or an applicant for a position as a municipal 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 municipal officer or employee who acquires confidential information in the course of exercising or performing his or her official powers or duties may disclose or use such information unless the disclosure or use is required by law or in the course of exercising or performing his or her official powers and duties.
A.
No municipal officer or employee shall solicit, accept or receive a gift in violation of § 805-a1a of the General Municipal Law as interpreted in this section.
B.
No municipal officer or employee may directly or indirectly solicit any gift.
C.
No municipal officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of $50 or more when:
(1)
The gift reasonably appears to be intended to influence the officer or employee in the exercise or performance of his or her official powers or duties;
(2)
The gift could reasonably be expected to influence the officer or employee in the exercise or performance of his or her official powers or duties; or
(3)
The gift is intended as a reward for any official action on the part of the officer or employee.
D.
For purposes of this section, a "gift" 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 is the gift's 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. Determination of whether multiple gifts from a single donor exceed $50 must be made by adding together the value of all gifts received from the donor by an officer or employee during the twelve-month period preceding the receipt of the most recent gift.
E.
Intention.
(1)
A gift to a municipal officer or employee is presumed to be intended to influence the exercise or performance of his or her official powers or duties when the gift is from a private person or organization that seeks municipal action involving the exercise of discretion by or with the participation of the officer or employee.
(2)
A gift to a municipal officer or employee is presumed to be intended as a reward for official action when the gift is from a private person or organization that has obtained municipal action involving the exercise of discretion by or with the participation of the officer or employee during the preceding 12 months.
F.
This section does not prohibit any other gift, including:
(1)
Gifts made to the municipality;
(2)
Gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship, rather than the recipient's status as a municipal officer or employee, is the primary motivating factor for the gift;
(3)
Gifts given on special occasions, such as marriage, illness, or retirement, which are modest, 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 $50 or less which are publicly presented in recognition of service as a municipal officer or employee, or other service to the community; or
(6)
Meals and refreshments provided when a municipal officer or employee is a speaker or participant at a job-related professional or educational conference or program and the meals and refreshments are made available to all participants.
A.
No municipal office or employee shall discriminate on the basis of creed, religious belief, color, national origin, ethnicity, sex, sexual orientation, age, or disability in the provision of municipal services or in the exercise of any power or duty that requires discretion.
B.
No municipal officer or employee may 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 municipal officer or employee, or an applicant for a position as a municipal officer or employee, on the basis of creed, religious belief, color, national origin, ethnicity, sex, sexual orientation, age, or disability.
C.
Except where otherwise required by law, no municipal office or employee shall knowingly permit, directly or indirectly, the use of any Town property, equipment, or services by any persons, organizations, corporations, or any other group that directly or indirectly discriminates on the basis of creed, religious belief, color, national origin, ethnicity, sex, sexual orientation, age, or disability.
D.
No municipal office or employee shall knowingly authorize or award any municipal contracts to, or otherwise permit the Town of Woodbury to have financial or business dealings with, any persons, organizations, corporations, or any other group that directly or indirectly discriminates on the basis of creed, religious belief, color, national origin, ethnicity, sex, sexual orientation, age, or disability.
A.
There is hereby established an Ethics Committee consisting of five members, one of whom may be a Town officer or employee and a majority of whom shall be persons other than Town officers or employees. All members shall reside in the Town of Woodbury and shall serve without compensation but shall be reimbursed for reasonable and necessary expenses. All members of the Ethics Board shall be appointed by the Town Board for a term of five years, each term to expire at the end of the Town's official year; except that of those first appointed, one shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year. A background check will be conducted by the Woodbury Police Department on all individuals applying for a position on the Ethics Committee. In addition to the penalties defined specifically for violation of this code and other pertinent sections of local, state and federal law, members of the Ethics Committee may be removed for cause by a two-thirds vote of the Town Board. Prior to removal, the Ethics Committee member shall be given written notice of the grounds for removal and an opportunity to demand and receive a hearing before the Town Board.
B.
At its first meeting each year, which shall be a public meeting, the Ethics Committee shall elect a chair from among its membership. A vote of at least three members shall be required for the Ethics Committee to take any recommendation or action. The Ethics Committee shall meet at least twice a year and at such times as it may otherwise be necessary. The chair or any three members may call a meeting of the Ethics Committee, which shall be properly noticed unless it is a closed session as permitted pursuant to the terms of the New York Open Meetings Law and any successor statutes.
C.
The Ethics Committee shall render advisory opinions to the officers and employees of the Town of Woodbury with respect to Article 18 of the General Municipal Law and this code. Such advisory opinions must be rendered pursuant to the written request of any such officer or employee under such rules and regulations as Ethics Committee may prescribe. The Ethics Committee shall have the advice of legal counsel employed by the board, or if none, the municipality's legal counsel. Opinions and requests for opinions shall be public record and shall be indexed and maintained on file in an appropriate manner by the Ethics Committee in Town Hall with a copy to the Records Management Officer. Such opinions shall not be made public or disclosed unless required by the Freedom of Information Law or required for use in a disciplinary proceeding or legal proceeding involving the officer or employee who required the advisory opinion. In addition, the Ethics Committee may make recommendations with respect to the drafting and adoption of a code of ethics, or amendments thereto, upon the request of the Town Board of Woodbury.
A.
The Supervisor must promptly cause a copy of this code, and a copy of any amendment to this code, to be posted publicly and conspicuously in each building under the municipality's control. The code must be posted within 10 days following the date on which the code takes effect. An amendment to the code must be posted within 10 days following the date on which the amendment takes effect.
B.
The Supervisor must promptly cause a copy of this code, including any amendments to the code, to be distributed to every person who is or becomes an officer and employee of the Town of Woodbury.
C.
Every municipal officer or employee who receives a copy of this code or an amendment to the code must acknowledge such receipt in writing. Such acknowledgments must be filed with the Town Clerk who must maintain such acknowledgments as a public record.
D.
The failure to post this code or an amendment to the code does not affect either the applicability or enforceability of the code or the amendment. The failure of a municipal officer or employee to receive a copy of this Code of Ethics or an amendment to the code, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of the code or amendment to the code.
Any municipal officer or employee who violates this code may be censured, fined, suspended or removed from office or employment in the manner provided by law.