Unless otherwise stated or unless the context
otherwise requires, when used in this Code the following shall have
the meanings indicated:
APPEAR AND APPEAR BEFORE
Communicating in any form, including, without limitation,
personally, through another person, by letter, telephone, or by any
other device.
CUSTOMER OR CLIENT
Any entity or person to whom an officer or employee of the
Town of Orchard Park or his or her outside employer or business has
supplied goods or services during the previous calendar year having,
in the aggregate, a value greater than $2,000.
FINANCIAL BENEFIT
Any money, service, license, permit, contract, authorization,
loan, travel, entertainment, hospitality, gratuity or other compensation
of anything of value, or any promise thereof.
HOUSEHOLD
All persons living in a single residence whether related
or not.
OUTSIDE EMPLOYER OR BUSINESS
Any activity or entity, other than the Town of Orchard Park,
of which a Town officer or employee is an owner, partner, director,
officer, employee or member and from which he or she receives compensation
for services rendered or goods sold or produced, or any entity in
which he or she has an ownership interest except a corporation in
which he or she owns less than 5% of the outstanding stock.
RELATIVE
A spouse, child, step-child, stepparent or any person who
is a direct descendant of the grandparents of the reporting individual
or of the reporting individual's spouse, and the spouses of the aforementioned
persons.
TOWN OFFICER OR EMPLOYEE
Any officer, employee or appointee of the Town of Orchard
Park, whether paid or unpaid, which includes, without limitation,
all members of any board, commission, committee or other agency thereof,
excluding a judge or justice of the Unified Court System and members
of temporary advisory committees.
Whenever a Town officer or employee is required
to recuse himself or herself under this chapter, he or she shall:
A. Immediately refrain from participating further in
the matter;
B. Promptly inform his or her superior, if any; and
C. Promptly file with the Town Clerk a signed statement
disclosing the nature and extent of the prohibited action or, if a
member of a board, shall state that information upon the public record
of that board.
No person shall induce or attempt to induce
any other person to violate any of the provisions of this chapter.
[Amended 2-4-2009 by L.L.
No. 2-2009; 4-4-2018 by L.L. No. 4-2018]
A. There is hereby established an Ethics Board consisting of a minimum
of five members, a majority of whom are not otherwise Orchard Park
officers or employees. Such Board shall include at least one member
who is an elected or appointed municipal officer or employee.
B. All members of the Ethics Board shall be residents of the Town of
Orchard Park.
C. The Town Board shall appoint the members of the Ethics Board for
staggered terms of five years as their terms expire. These appointments
will occur each January at the Town Board's annual reorganizational
meeting.
D. The members of the Ethics Board shall not receive compensation but
shall be reimbursed for reasonable expenses incurred in the performance
of their official duties.
E. Except for elected officials, no member of the Ethics Board shall
make a contribution to or participate in any Town of Orchard Park
political campaigning pertaining to a specific Town office.
F. Consecutive service on the Ethics Board shall not exceed two full
terms, a total of 10 years.
When a vacancy occurs in the membership of the Ethics Board, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as the original appointment. Any person appointed to fill a vacancy of the Ethics Board shall meet the qualifications set forth in §
12-11 of this chapter.
A member of the Ethics Board may be removed from office in the same manner in which he or she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in §
12-11 of this chapter, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter.
Any person aggrieved by an advisory opinion
or decision of the Ethics Board may seek judicial review and relief
pursuant to Article 78 of the Civil Practice Law and Rules of the
State of New York.