[HISTORY: Adopted by the Town Board of the Town of Shelter Island 6-8-1970; amended in its entirety 3-24-2026 by L.L. No. 1-2026. Subsequent amendments noted where applicable.]
A. 
Town of Shelter Island ("the Town") officers and employees are expected to perform their duties in the best interests of the public. They may, however, encounter situations in which what is best for the Town may be different from their own or a relative's personal best interest. In such a case, there may be a "conflict of interest." Such conflicts may seriously undermine public confidence in the Town government.
B. 
The purpose of ethics law is to help Town officers and employees avoid conflicts of interest, as well as to disclose and address them when necessary to foster the public's confidence in the government.
C. 
New York State's General Municipal Law, Article 18 contains provisions prohibiting certain conflicts of interest of municipal officers and employees. That law applies to all Town employees, which includes officers, employees and advisory Board members, paid or unpaid. Town employees should familiarize themselves with Article 18. It is posted in Town Hall and on the Board of Ethics website along with a Comptroller's description of the law.
D. 
The Town has adopted its own Code of Ethics as authorized by Article 18. In addition, there is a substantial body of judge-made law ("common law") in New York addressing potential conflicts of interest. While all court decisions are specific to the facts before the court, those decisions create ethical principles that can be applied to other facts and circumstances where a reasonable person would foresee the appearance of impropriety or where conduct could seriously and substantially violate the spirit and intent of ethics regulations, even where no specific statute is violated.
E. 
The Town has enacted this Ethics Code in the interest of creating clear and reasonable standards for its officers and employees. It includes the essential requirements of Article 18, and the common law will also be applied, when needed.
As used in this chapter, the following terms shall have the meanings indicated:
ARTICLE 18
New York State's General Municipal Law, Article 18.
BENEFIT
Anything of financial or other material value, whether in the form of money, property, services, loan, travel, entertainment, hospitality, or promise, or any other form. The benefit can be direct or indirect but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the Town or an area of the Town, or a lawful class of such residents or taxpayers.
BOARD
The Town Board and any other administrative board, committee, or other agency or body comprised of two or more Town officers or employees.
CODE
This Code of Ethics.
HOUSEHOLD MEMBER
Those persons residing within the same dwelling unit.
INTEREST IN A PRIVATE ORGANIZATION
A Town officer or employee is deemed to have an interest in any private organization when they, their spouse, a relative, or household member, is an owner, partner, member, director, officer, employee, or directly or, in the case of a corporation, indirectly owns or controls more than 5% of the corporation's outstanding stock.
OFFICER or EMPLOYEE
Any Town officer or employee whether paid or unpaid, whether serving full-time, part-time or in an advisory capacity.
RELATIVE
A spouse, brother, sister, parent, child, grandchild, or the spouse of any of them
This Code applies to the officers and employees of the Town and shall supersede any prior Town code of ethics. The provisions of this Code 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 and all rules, regulations, policies and procedures of the Town.
Whenever a matter requiring the exercise of discretion, including proposed legislation, comes before an officer or employee, either individually or as a member of a Board or committee, and disposition of the matter could result in a benefit to the officer or employee, a relative of theirs, household member, or any private organization in which they are deemed to have an interest, the officer or employee shall disclose in writing the nature of the benefit.
A. 
The disclosure shall be made when the matter requiring disclosure first comes before the officer or employee, or when the officer or employee first acquires knowledge of the benefit requiring disclosure, whichever is earlier.
B. 
In the case of disclosure by a Board member, the disclosure shall be made before the Board, and shall be reflected in the minutes of the Board. In all other cases, the disclosure shall be made in writing to that person's supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the officer, employee or Board having the power to appoint the person's position.
No officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including proposed legislation, when they know or have reason to know that the action could confer a benefit on the employee, a relative, household member or any private organization in which the employee is deemed to have an interest. Further, once recused, that person may not be in the room (or appear via videoconferencing) when the matter is being discussed, voted on, nor participate in any discussions or communications including e-mail or text regarding it.
This Code's prohibition on use of a Town position (§ 8-4), disclosure requirements (§ 8-5), and requirements relating to recusal and abstention (§ 8-6), shall not apply with respect to the following matters:
A. 
Adoption of the Town's annual budget;
B. 
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:
(1) 
All or substantially all officers or employees;
(2) 
All or substantially all residents or taxpayers of the Town; or
(3) 
The general public; or
C. 
Any matter that does not require the exercise of discretion, for example a ministerial action such as the issuance of license or permit upon completion of the required form.
A. 
No officer or employee may acquire the following investments:
(1) 
Investments that can be reasonably expected to require frequent recusal and abstention under § 8-6 of the Code; or
(2) 
Investments that would otherwise impair the person's independence of judgment in the exercise or performance of their official powers and duties.
B. 
This section does not prohibit a Town officer or employee from acquiring any other investments or the following assets:
(1) 
Less than 5% of the stock of a publicly traded corporation, or
(2) 
Bonds or notes issued by the Town and acquired more than one year after the date on which they were originally issued.
A. 
No officer or employee, during their tenure as an officer or employee, may engage in any private employment that may be in substantial conflict with the proper discharge of their duties, including but not limited to when:
(1) 
It can be reasonably expected to require frequent recusal and abstention pursuant to § 8-6 of the Code, or
(2) 
It can be expected to require disclosure or use of confidential information gained by reason of serving as an officer or employee, or
(3) 
It requires representation of a person or organization other than the Town in connection with litigation, negotiations, or any other matter to which the Town is a party.
B. 
No officer or employee shall receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any Board of which the officer or employee is a member, or has the power to appoint any member.
C. 
No officer or employee shall receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any Town Board or committee, if the compensation is dependent or contingent upon any action by such Board or committee with respect to such matter. This subsection shall not prohibit non-contingent compensation agreements based upon the reasonable value of the services rendered.
A. 
No 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 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 officer or employee, for the one-year period after serving as an officer or employee, shall appear before or communicate in any form with the Town office, Board, department or comparable organizational unit for which they served in connection with any particular matter involving the exercise of discretion.
The Code shall not be construed as prohibiting an officer or employee from representing themself, or a relative or household member before the Town; or asserting a claim against the Town on their own behalf, or on behalf of a relative or household member.
Town resources shall be used for lawful Town purposes.
A. 
No officer or employee may use or permit the use of Town resources for personal or private purposes. Town resources include, but are not limited to, Town personnel, and the Town's money, vehicles, equipment, materials, supplies or other property. Provided, this provision shall not be construed as prohibiting:
(1) 
Any use of Town resources authorized by law or Town policy;
(2) 
The use of Town resources for personal or private purposes when provided to a Town officer or employee as part of their compensation; or
(3) 
The occasional and incidental use during the business day of Town telephones and computers for necessary personal matters such as family care and changes in work schedule.
B. 
No officer or employee shall cause the Town to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel.
A. 
Article 18 requires no officer or employee may have an interest in a contract with the Town when such officer or employee, individually or as a member of a Board, has the power or duty to:
(1) 
Negotiate, prepare, authorize or approve the contract or authorize or approve payment thereunder;
(2) 
Audit bills or claims under the contracts; or
(3) 
Appoint an officer or employee who has any of the powers or duties set forth above.
B. 
A Town officer or employee has an interest in a contract when they, their spouse, minor child, dependent, or a private organization in which the officer or employee has an interest, would secure a benefit under the contract.
C. 
Exceptions to this prohibition are detailed in Article 18, Section 802. These include an exception for contracts entered into prior to the time a Town employee was elected or appointed, and an exception for contracts which in the aggregate do not exceed $750 in a fiscal year.
D. 
Every officer and employee shall disclose interests in contracts with the Town at the time and in the manner as follows: any Town officer or employee or their spouse, minor child or dependent, who has, will have, or later acquires an interest in any actual or proposed contract, purchase agreement, lease agreement or other agreement, including oral agreements, with the Town, shall publicly disclose the nature and extent of such interest in writing to their immediate supervisor, or if a member of a board to said board, and to the Board of Ethics as soon as the employee has knowledge of such actual or prospective interest. Such written disclosure shall be made part of and set forth in the official record of the proceedings of such body. Disclosure and recusal do not cure a prohibited interest.
E. 
Contracts willfully entered into in violation of this section will be null, void and unenforceable.
A. 
No officer or employee shall directly or indirectly 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 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 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 officer or employee who acquires confidential information in the course of exercising or performing their 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 their official powers and duties. As used in this subsection, "confidential information" includes but is not limited to information that is made confidential by federal or state law and information the town has legally withheld under open records or open meetings laws.
A. 
No Town officer or employee shall directly or indirectly, solicit any gift, tip or other benefit of any value for service performed in their official capacity.
B. 
No Town officer or employee shall directly or indirectly accept any gift, tip, or other benefit from a person who has received or sought a benefit from the Town within the previous 24 months.
C. 
No Town officer or employee shall accept or receive any gift having a value of $75 or more, or aggregate gifts in that amount from the same donor in a 24-month period.
D. 
The term "gift" as used in subsections B and C above includes money, property, service, loan, travel, entertainment, hospitality, or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was: i) intended to influence them, or could reasonably be expected to influence them, in the performance of their official duties, or ii) intended as a reward for any official action on their part.
A. 
Section 809 of Article 18 imposes strict disclosure requirements on persons applying for variances, exemptions, and other approvals from local planning and zoning regulations. In general, it provides that the applicant must identify any local officer or employee who has an interest in the application. As applied to Shelter Island, every applicant for a variance, land-use amendment, change of zoning, or approval of subdivision map from the Town Board, Zoning Board of Appeals, Planning Board, Town Clerk or Building Department must disclose information pertaining to any interest that a Town officer or employee, their spouse, parents, siblings, children, grandchildren (or the spouses of any of them) may have in the application.
B. 
Section 809(5) of Article 18 provides that one who knowingly and intentionally violates this disclosure requirement shall be guilty of a misdemeanor.
A. 
Article 18, Section 808 permits the creation of a Town Board of Ethics (also referred to as "Ethics Board"). This Code hereby authorizes the creation of such a Board. The Town Board believes that an independent Ethics Board will assure the public interest in applying this Code without bias or favoritism.
B. 
The Board of Ethics shall consist of five members, all of whom reside in the Town of Shelter Island and who shall serve without compensation, to be appointed by the Town Board for staggered five-year terms. No member of the Board of Ethics shall otherwise be an officer or employee of the Town.
C. 
Conditions of Board of Ethics membership.
(1) 
No person may be appointed as a member of the Ethics Board who is a current elected Town officer; or an officer of any local, county or state political party, association, club or independent political committee subject to regulations of the state election law; or a campaign manager, consultant or treasurer for a political party committee or individual election campaign committee or has served in such political capacity during the past 24 months.
(2) 
An Ethics Board member shall promptly resign if entering a campaign race as a candidate for public office; or as a campaign manager, consultant, or treasurer for a political party committee or individual election campaign committee; or when recusal has become prevalent for such individual for matters before the Board of Ethics.
(3) 
An Ethics Board member may be removed for cause by the Town Board upon any of the following grounds:
(a) 
Failure to meet the qualifications set forth in § 8-18 of this chapter; or
(b) 
Substantial neglect of duty; or
(c) 
Gross misconduct in office; or
(d) 
Inability to discharge the powers or duties of office; or
(e) 
A violation of this chapter.
D. 
The Ethics Board shall have the following substantive authority:
(1) 
Town officers and employees may request advice from the Ethics Board concerning their personal compliance, or the compliance of an employee that they supervise, with this Code of Ethics. In response to such a request, and after due consideration, the Ethics Board shall issue a confidential advisory opinion to the requesting party.
(2) 
In the event any person believes in good faith that a Town employee or officer is engaged in activity that violates this Code, they may file a complaint with the Board of Ethics.
(a) 
The Board of Ethics will conduct an initial inquiry and if there is reason to believe that a Code or common law violation may have occurred, proceed with an investigation.
(b) 
If the Board determines as a result of its initial inquiry that there is no reason to believe a Code or common law violation may have occurred, or that the complaint is frivolous on its face or the alleged violation would be de minimis, it may dismiss it without further action.
(c) 
Complaints may be made anonymously, and in cases where they are not, upon request, the name of a complainant may be kept confidential to the extent consistent with due process rights of the investigated employee and completion of the matter.
(3) 
The Board of Ethics may act on its own motion to initiate an investigation into an officer or an employee's potential violation of this Code.
(4) 
Upon the written request of the Town Board, of a Town officer or employee, or of any contracting party, the Ethics Board shall investigate and provide to the Town Board a written report and recommendation concerning any Town contract or agreement that may be void pursuant to Article 18, Section 804. Additionally, the Ethics Board may, in its discretion, undertake such an investigation upon its own initiative, in which case it may present a report and recommendation to the Town Board.
A. 
Upon receipt of a written complaint alleging a violation of this Code or related authorities or upon determining on its own initiative that a violation exist; the Ethics Board shall have the power and duty to conduct with reasonable promptness any investigation necessary to carry out the provisions of this Code.
B. 
In conducting any such investigation, the Ethics Board may administer oaths or affirmations, compel attendance of witnesses, and require the production of any books or records that it may deem relevant and material. Further, the Ethics Board shall take steps to ensure that every individual's right to due process is protected.
C. 
Any person filing a complaint with the Ethics Board, and every person who is alleged in such a complaint to violate this Code, shall be notified, in writing, of the disposition of the complaint.
D. 
Nothing in this section shall be construed to permit the Ethics Board to conduct an investigation of itself or of any of its members or staff. If the Ethics Board receives a complaint alleging that the Ethics Board or any of its members or staff has violated any provision of this Code, or any other law, the Ethics Board shall promptly transmit to the Town Board a copy of the complaint.
The Board of Ethics shall have the following administrative duties:
A. 
To prescribe and promulgate rules and regulations governing its own internal organization and procedures in a manner consistent with this Code.
B. 
To review, index, maintain on file, and dispose of complaints alleging violations of this Code and to make notifications and conduct investigations. The Board of Ethics shall have the confidential advice of legal counsel employed by the Town or outside counsel and the services of a confidential clerk employed by the Town to keep minutes and files.
C. 
To forward its opinions responding to complaints or opinions on its own motion to the Town Board with any recommendations for disciplinary actions and penalties.
D. 
To make public on the Ethics Board website its opinions in a brief summary form that removes all personal identifying information.
E. 
To prepare an annual report to the Town Supervisor and Town Board, summarizing the activities of the Ethics Board. The report may also recommend changes to the text or administration of this Code.
F. 
To periodically review this Code and the Board's rules, regulations, and administrative procedures to determine whether they promote integrity, public confidence, and participation in Town government and whether they set forth clear and enforceable common-sense standards of conduct.
G. 
To provide periodic ethics training.
A. 
Disciplinary action. Any officer or employee who engages in any action that violates any provision of this chapter may be warned, reprimanded, suspended, or removed from office or employment, and may be subject to any other sanction authorized by law or collective bargaining agreement, by the appointing authority or person or body authorized by law to impose such sanctions. A warning, reprimand, suspension, removal, or other authorized sanction may be imposed in addition to any other penalty contained in this chapter or in any other provision of law.
B. 
Civil fine. Any person who violates any provision of this chapter may be subject to a civil fine not to exceed $3,000 for each violation. A civil fine may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture. A fine may only be imposed by the Town Board, subject to a hearing and any applicable provisions of law and collective bargaining agreements, or appropriate court of law.
C. 
Damages.
(1) 
Any person who violates any provision of this chapter shall be liable in damages to the Town for any losses or increased costs incurred by the Town as a result of the violation. Such damages may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture.
(2) 
A finding of damages may only be made by the Town Board or an appropriate court of law.
D. 
Penalty or civil forfeiture.
(1) 
Any person who intentionally or knowingly violates any provision of this chapter may be subject to a penalty or civil forfeiture to the Town of a sum equal to three times the value of any benefit he or she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil fine pursuant to § 8-21B or damages pursuant to § 8-21C. Treble damages and/or civil forfeiture may only be imposed by the Town Board or a court of appropriate authority.
(2) 
The Town Board may initiate an action or special proceeding, as appropriate, in a court of appropriate jurisdiction to obtain civil forfeiture, pursuant to this section.
E. 
Prosecutions. The Town Board may refer any information that it receives concerning a possible criminal violation to the appropriate prosecutor or other law enforcement agency. Nothing contained in this chapter shall be construed to restrict the authority of any prosecutor to prosecute any violation of this chapter or of any other law.
F. 
Limit on Ethics Board. Nothing in this section shall be construed to permit the Ethics Board to take any action with respect to any alleged violation of this chapter, or of any other law, by the Ethics Board or by any member or staff member thereof.
G. 
Town Board response to the Ethics Board. The Town Board shall, within 45 days of receipt of a written referral, pursuant to this section, from the Ethics Board, respond in writing and state in sum and substance the Town Board's intention with respect to the referral.
A. 
The Town Clerk will ensure that a copy of Article 18, this Code, and any subsequent amendments thereto, are posted publicly and conspicuously in Town Hall and any additional buildings in which Town employees and officers conduct business.
B. 
The Town Clerk will ensure that Article 18, this Code, and any subsequent amendments thereto, are posted on the Town's website, and all officers and employees of the Town will be notified by email that they should review the same, and shall periodically attest, upon hiring and at least every five years thereafter, that they have received and reviewed the Code of Ethics. The failure of an officer or employee to review the posted material does not affect either the applicability or enforceability the same.