[HISTORY: Adopted by the Town Board of the
Town of Woodbury 11-28-2005 by L.L. No. 12-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administrative board requirements — See Ch. 3.
Defense and indemnification — See Ch. 31.
[1]
Editor's Note: This local law also repealed
former Ch. 39, Code of Ethics, adopted 7-16-1970, as amended.
The Town Board of the Town of Woodbury recognizes
that there are rules of ethical conduct for public officers and employees
which must be observed if a high degree of moral conduct is to be
obtained and if public confidence is to be maintained in our unit
of local government. The proper operation of the Town government requires
that its officers and employees be independent, impartial, objective,
unbiased and responsible to the people of the Town of Woodbury; that
public office not be used for personal gain; that public officers
and employees maintain the highest standards of integrity and discharge
faithfully the duties of their office, regardless of personal considerations;
and that the public have confidence in the officers and employees
thereof. It is the purpose of this chapter to implement these objectives
through the establishment of standards of conduct to provide for punishment
of violations of such standards and to create an Ethics Committee
to render advisory opinions to the Town's officers and employees as
provided for herein.
The standards, prohibitive acts and procedures
established herein are in addition to any prohibitive acts, conflicts
of interest provisions or procedures prescribed by statute of the
State of New York and also in addition to common law rules and judicial
decisions relating to the conduct of Town officers to the extent that
the same are more severe in their application than this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any elected or appointed official, including but not limited
to Planning Board, Zoning Board of Appeals, Parks Commission and any
and all committees or any employee of the Town, whether paid or not,
including members of any administrative advisory board, commission
or other agency thereof. For the purpose of this chapter, no person
shall be deemed a Town officer or employee solely by reason of being
a volunteer fireman or civil defense volunteer or being employed by
the Town as a result of a contractual agreement.
A spouse, minor child, stepchildren, mother, father, brothers,
sisters, grandparents, grandchildren, in-laws or other dependents
or relatives residing in the household of a Town officer or employee.
Any claim, account or demand against or in agreement with
the Town, express or implied, including designation of a depository
of public funds and the designation of an official newspaper, and
direct or indirect pecuniary or material benefit accruing to an officer
or employee as a result of a business or professional transaction
with the Town. For the purposes of this chapter, an officer or employee
shall be deemed to have a direct interest in the affairs of:
His/Her spouse, minor child, stepchildren, mother,
father, brothers, sisters, grandparents, grandchildren, in-laws and
other dependents or relatives.
A business concern, partnership or association
of which such officer or employee is a member, partner, owner, director
or employee.
A corporation of which such officer or employee
is an officer, director or employee.
A corporation, any stock of which is owned or
controlled, directly or indirectly, by such officer or employee.
Any spouse, child, grandchild, parent, grandparent, sibling,
in-law, aunt, uncle, first cousin, niece, nephew, stepparent, stepchild,
half-brother or half-sister.
The Town of Woodbury or any of its boards, commissions, committees
or agencies, whether operated or funded solely by the Town of Woodbury
or jointly with one or more other municipalities.
Any individual, group or firm which renders services on behalf
of the Town to any Town officer, Town Board, Planning Board, Zoning
Board of Appeals or any other Town agency or commission.
Any elected officials of the Town of Woodbury.
A.
Employment.
(1)
No board member, Town employee or Town consultant
shall have any interest, financial or otherwise, direct or indirect,
or engage in any business or transaction or professional activity
or incur any obligation of any nature, which is in conflict with or
might reasonably tend to conflict with the proper discharge of his
duties in the public interest.
(2)
No board member, Town employee or Town consultant
shall accept other employment which will impair his independence of
judgment in the exercise of his official Town duties.
(3)
No board member, Town employee or Town consultant
shall engage in, solicit, negotiate for or promise to accept private
employment or render services for private interests when such employment
or service creates a conflict with or impairs the proper discharge
of his official duties.
B.
Disclosure of confidential information.
(1)
No board member, Town employee or Town consultant
shall disclose confidential information acquired by him in the course
of his official duties or use such information to further his personal
interests or the private interests of others.
(2)
No board member, Town employee or Town consultant
shall accept employment or engage in a business or professional activity
which will require him to disclose confidential information gained
by reason of his official position or authority.
C.
Misuse of authority. No board member, Town employee
or Town consultant shall use or attempt to use his official position
to secure unwarranted privileges or exemptions for himself or others.
D.
Misuse of privilege. No board member, Town employee
or Town consultant shall by his conduct give reasonable basis for
the impression that another can improperly influence him or unduly
enjoy his favor in the performance of his official duties or that
he is affected by kinship, rank, position or influence of any party
or person.
E.
Compensation. No board member, Town employee or Town
consultant shall receive compensation or enter into any agreement
to receive compensation, express or implied, with respect to any matter
which is, was or will be before the Town for determination in the
official capacity of any board member, Town employee or Town consultant
of the Town of Woodbury.
F.
Gifts. During a single calendar year, no board member,
Town employee or Town consultant shall solicit, directly or indirectly,
receive or accept any gift or gifts having a total aggregate value
of $50, or more, whether in the form of money, services, loan, travel,
entertainment, hospitality, thing or promise, or in any other form,
from any one person, partnership, corporation or any entity which
has a business relationship with the Town of Woodbury. Gifts of money
or any form of money (money orders, checks, stocks, bonds, etc.) are
not permitted at all in any amount.
G.
Investments.
(1)
No board member, Town employee or Town consultant
of the Town of Woodbury shall invest or hold any investment, directly
or indirectly, in any financial, business, commercial or other private
transaction, which creates a conflict with his official duties.
(2)
No board member, Town employee or Town consultant
shall engage in any enterprises which he has reason to believe may
be directly involved in decisions to be made or advice to be given
by him or which will otherwise create substantial conflict between
his duty and the public interest and his private interest.
H.
Future employment.
(1)
No board member, Town employee or Town consultant
shall, within 12 months after the termination of his service, appear
as part of his/her employment before any board, agency or commission
of the Town of Woodbury or conduct any official Town business, transactions
or professional activity with any board member, Town employee or Town
consultant where special advantages by virtue of prior contact and
relationship with the Town may be realized.
(2)
No board member, Town employee or Town consultant
shall appear before any board, agency or commission of the Town of
Woodbury in relation to any case, proceeding or application in which
he was directly concerned and personally participated or which was
under his active consideration during the period of his service or
employment.
I.
Discrimination. No board member, Town employee or
Town consultant of the Town or of any service or other organization
chartered by or directly or indirectly sponsored or supported by the
Town shall:
(1)
Discriminate or cause involuntary segregation, directly
or indirectly, based upon creed, color, national origin, sex or disability
or allow the preceding to be factors affecting the recruitment, selection,
placement, assignment, compensation or promotion of any Town officer,
Town Board member, Planning Board member, Zoning Board of Appeals
member, Town employee or member of such service or other organization.
J.
Nepotism.
(1)
Policy. Employees' relatives will not be employed
by the Town on a full-time basis under any of the following circumstances:
(a)
Where one of the parties would have authority (or
practical power) to supervise, appoint, remove, or discipline the
other;
(b)
Where one party would be responsible for auditing
the work of the other;
(c)
Where both parties would report to the same immediate
supervisor. Every other option, including reassignment within the
Town workforce, would be considered in good faith before layoff;
(d)
Where other circumstances might lead to potential
conflict among the parties or conflict between the interest of one
or both parties and the best interests of the Town; or
(e)
Where one of the parties is an elected official, except
when the family member is currently employed by the Town prior to
the elected official obtaining office or if the family member is currently
employed by the Town and becomes a family member of an official.
(2)
Any employee currently employed prior to the adoption
of this chapter shall be exempt.
K.
Representation by consultant. No Town consultant shall
appear on behalf of private interests before any board, commission
or agency of the Town of Woodbury while actively employed by the Town;
nor shall a Town consultant, after being no longer retained by the
Town, represent the interest of any person or entity before any Town
board, commission or agency if the matter was pending when the consultant's
retention by the Town ended.
L.
Political activity. No board member, Town employee
or Town consultant shall use his official position on behalf of any
political party, club, association, society or committee. This provision
shall not be interpreted or construed as precluding any board member,
Town employee or Town consultant from being involved in the political
affairs of the Town of Woodbury as a private citizen, nor shall it
exempt any board member, Town employee or Town consultant from any
federal, state or local rules, regulations, codes of conduct or other
restrictions imposed by this chapter. No board member shall hold the
office of Chairman in any political party or be employed as a lobbyist.
No more than two members of the Ethics Committee may be enrolled or
registered members of the same political party. No Ethics Committee
member shall hold the office of Chairman in any political party or
be employed as a lobbyist. An Ethics Committee member may contribute
money to but not otherwise participate in any Town election campaign.
A.
All elected and appointed officers, board members,
department heads and all Town consultants are required, within 30
days of taking office or within 30 days of the effective date of this
chapter, to file a disclosure statement, in writing, to the Supervisor's
office, disclosing all land holding in the unincorporated area of
the Town of Woodbury and all land holdings in the incorporated area
of any village within the Town of Woodbury, whether held personally,
by a spouse, by a dependent, jointly with a spouse or dependent, or
immediate family members, jointly in partnership with others, as a
partnership, limited partnership, corporation, trust or any other
similar entity the name of any partnership, corporation or trust of
which he or his spouse or dependent is an officer, director or employee
or which he or a spouse or a dependent, legally or beneficially, owns
or controls more than 5% of the outstanding stock or interest, and
his position, and his spouse or dependent's position, if any, with
the partnership, corporation or trust. In addition, anyone who holds
license as either a real estate broker or real estate salesperson
will disclose that fact and the name of the real estate concern that
they are affiliated with and the location of their office.
B.
In the event that a change occurs with respect to
any of the information required on the aforesaid disclosure statement,
the party required to file such a statement shall file an amended
statement reflecting any such change in circumstances within 15 days
from the date thereof. Failure to file the required disclosure statement
in a timely fashion shall be deemed a violation of this chapter.
If any board member, Town employee or Town consultant
has a potential or actual conflict of interest in any matter which
he encounters in the performance of his official Town duties, he shall
make known to all concerned parties the nature of such conflict, within
10 days, and shall refrain immediately from any participation whatsoever
in the matter so as to avoid true conflict. In all cases of potential
or actual conflict, the Town Board shall be made aware of the situation
by the person in conflict along with any other concerned parties,
including the Town of Woodbury Ethics Committee. Said conflict should
be made known to the proper parties in writing.
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. These should be cleared with the Town Board before expenses
are incurred. The Town will establish a budget to cover office supplies
and legal expenses.
B.
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.
C.
A background check will be conducted by the Woodbury
Police Department on all individuals applying for a position on the
Ethics Committee to determine if they have ever been convicted of
a crime (felony or misdemeanor).
[Amended 5-17-2012 by L.L. No. 1-2012]
D.
The Town Attorney may, with Town Board approval, provide
such legal and advisory services to the Ethics Committee as it may
require in the performance of its duties.
E.
At its first meeting each year, which shall be a public
meeting, the Town Ethics Committee shall elect a Chairman from among
its membership. A vote of at least three members shall be required
for the Board to take any recommendation. The Board shall meet at
least twice a year and at such times as it may otherwise be necessary.
The Chairman or any three members may call a meeting of the Board,
which shall be properly noticed unless it is a closed session for
inquiry or covered by Open Meetings Law criteria.
A.
The Ethics Committee shall have the following powers
and duties:
(1)
To possess the right to prescribe and promulgate rules
for its procedures of operation in a manner consistent with this code.
(2)
To render advisory opinions, upon written request, to any board, department, board member, Town employee or Town consultant with respect to the interpretation or application of any provisions of this code. 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 be rendered only upon written request by the officer, employee or appointed official concerning only the subject of the inquiry as it pertains to the requesting individual's own filing requirements. Such opinions shall not be made public or disclosed unless required by the Freedom of Information Law (Public Officers Law Article 6) or required for use in a disciplinary proceeding or proceeding under § 39-10 involving the officer, employee or appointed official who required the advisory opinion.
(3)
To review disclosure statements pursuant to § 39-5, Disclosure of interest, of this code. Upon receipt of the disclosure forms, determine if all those who are required to have, in fact, filed these forms. The Ethics Committee should also review all forms and determine if they are complete, if further information is needed and if any conflicts exist. Such statements shall be filed and maintained in Town Hall. Public access to these documents shall be made upon application and for a legitimate reason as noted in § 39-5.
(4)
To prepare an annual report to the Town Board, summarizing
the activities of the Ethics Committee, and recommend changes to this
code, as necessary.
(5)
To conduct inquiries and recommend appropriate sanctions
of alleged violations of this code upon written notification of such
alleged violation to the Town Board of the Town of Woodbury. A licensed
attorney shall be present to assist the Ethics Committee in this role.
(6)
To refer any matter within its jurisdiction to the
County or State Ethics Board, as may be appropriate.
B.
The members of the Ethics Committee shall not receive
compensation for the performance of their official duties, but shall
be reimbursed for reasonable and necessary expenses.
In addition to the penalties defined specifically
for violation of Woodbury's Ethics Law, 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.
In addition to any penalty contained in any
other provision of law, any board member, Town officer or Town consultant
who shall knowingly and intentionally violate any of the provisions
of this code may be fined, reprimanded, suspended or removed from
office or employment in the manner provided by law.
The Supervisor's office shall cause a copy of
Article 18 of the General Municipal Law and this Code of Ethics to
be distributed to every board member, Town employee and Town consultant
within 15 days of the effective date of this chapter. In addition,
every such board member, Town employee or Town consultant shall receive
a copy of the same upon being engaged in or taking office in the Town
of Woodbury. Failure to distribute any such copy or failure of any
board member, Town employee and Town consultant to receive such copy
shall have no effect on the duty of compliance with this code or the
enforcement of provisions thereof. The Town Supervisor shall further
cause a copy of this chapter to be kept posted conspicuously in each
public building under the jurisdiction of the Town. Failure to so
post this chapter shall have no effect on the duty of compliance herewith
or the enforcement of provisions hereof. A copy of this chapter shall
be included in the Town's Employee Manual.
Within 30 days of the adoption of this chapter,
the Town Clerk shall file a copy thereof with the Temporary State
Commission on Local Government Ethics as established pursuant to § 813
of the General Municipal Law.
The Town Board may appropriate moneys from the
general Town funds for the maintenance of and personal services to
the Ethics Committee established hereunder, but such Ethics Committee
may not commit the expenditure of Town moneys except within the appropriations
provided herein.
If any clause, sentence, paragraph, word or
section or part of this Town Code of Ethics shall be adjudged by any
court of competent jurisdiction to be unconstitutional, illegal or
invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, word, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
