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:
BOARD MEMBER or TOWN EMPLOYEE
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.
IMMEDIATE FAMILY MEMBER
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.
INTEREST
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:
A.
His/Her spouse, minor child, stepchildren, mother,
father, brothers, sisters, grandparents, grandchildren, in-laws and
other dependents or relatives.
B.
A business concern, partnership or association
of which such officer or employee is a member, partner, owner, director
or employee.
C.
A corporation of which such officer or employee
is an officer, director or employee.
D.
A corporation, any stock of which is owned or
controlled, directly or indirectly, by such officer or employee.
RELATIVES
Any spouse, child, grandchild, parent, grandparent, sibling,
in-law, aunt, uncle, first cousin, niece, nephew, stepparent, stepchild,
half-brother or half-sister.
TOWN
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.
TOWN CONSULTANT
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.
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.
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.