A.
Prohibited conflicts. Except as provided in Subsection B of this section, no officer or employee shall have an interest, financial or otherwise, or engage or invest in any business or transaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his duties in the public interest. To this end:
(1)
No officer or employee shall be or become interested
directly or indirectly in any manner whatsoever in any business or
professional dealings with the Town of Islip or any agency thereof.
(2)
No officer or employee shall act as attorney, agent,
broker, employee or representative in business or professional dealings
with the Town of Islip or any agency thereof for himself or any person,
firm or corporation, directly or indirectly.
(3)
No officer or employee shall accept other employment
or engage in any business transaction which will impair his independence
of judgment in the exercise of his official duties or create a conflict
of interest with his official duties.
(4)
No chief fiscal officer, treasurer or his deputy or
employee shall have an interest in a bank or trust company designated
as a depository, paying agent, registration agent or for investment
of funds of the Town of Islip or an agency thereof of which he is
an officer or employee; provided, however, that where the designation
of a bank or trust company outside the Town of Islip would be required
because of the foregoing restriction, a bank or trust company within
the Town of Islip may nevertheless be designated.
(5)
No municipal 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
of Islip agency over which he has jurisdiction or to which he has
the power to appoint any member, officer or employee.
(6)
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 case, proceeding, application or any
other matter before any Town agency, whereby his compensation is to
be dependent or contingent upon any action by such agency with respect
to any license, contract, certificate, ruling, decision, opinion,
franchise or other benefit.
(7)
No person having supervisory control or who is superior
in title to any official or employee of the Town shall engage in any
of the following actions with subordinates at any time on or off Town
premises:
[Added 4-24-2007 by L.L. No. 2-2007]
(a)
Discussion of or solicitation of ticket purchases
or sales.
(b)
Solicitation to join a political party or political
activity.
(c)
Use of political considerations in discussing duties,
positions, compensation, changes in titles or work.
(d)
Use of political considerations as the reason for
promotions, assignment changes, demotions or termination.
(8)
In the
event an officer of the Town of Islip files a grievance application
with the Town of Islip Board of Assessment Review and, thereafter,
files an assessment review petition pursuant to the New York State
Real Property Tax Law, independent legal counsel shall be retained
to represent the interests of the Town of Islip, and such application
shall be heard by an impartial judicial hearing officer outside the
Town of Islip.
[Added 3-8-2011 by L.L. No. 3-2011]
(9)
No person
shall serve, either by appointment or election, in any position other
than a committeeperson of a town, county, state or national major
political party committee if he or she is an elected official of the
Town of Islip. Any person who is currently an elected official of
the Town of Islip and also in a position other than a committeeperson,
shall deliver the Town Clerk such documentation establishing compliance
with this subsection within 10 business days of the date of enactment
of this subsection.
[Added 9-20-2016 by L.L.
No. 3-2016]
B.
Exceptions. The provisions of Subsection A of this section shall not apply to:
(1)
The payment of lawful compensation and necessary expenses
of any municipal officer or employee in one (1) or more positions
of public employment, the holding of which is not prohibited by law.
(2)
A contract with a person, firm, corporation or association
in which an officer or employee has an interest which is prohibited
solely by reason of employment as an officer or employee thereof,
if the remuneration of such employment will not be directly affected
as a result of such contract and the duties of such employment do
not directly involve the procurement, preparation or performance of
any part of such contract.
(3)
The designation of a newspaper, including but not
limited to an official newspaper, for the publication of any notice,
resolution, ordinance or other proceeding where such publication is
required or authorized by law.
(4)
The purchase by the Town of Islip or any agency thereof
of real property or an interest therein, provided that the purchase
and the consideration therefor is approved by order of the Supreme
Court upon petition of the governing board.
(5)
The acquisition of real property or an interest therein
through condemnation proceedings according to law.
(6)
A contract with a membership corporation or other
voluntary nonprofit corporation or association.
(7)
The sale of bonds and notes pursuant to § 60.10
of the Local Finance Law.
(8)
A contract in which an officer or employee has an
interest if such contract was entered into prior to the time he was
elected or appointed as such officer or employee, but this subsection
shall in no event authorize a renewal of any such contract.
(9)
No conflict shall be deemed to arise under this resolution
by virtue of stock ownership, direct or indirect, where such ownership
constitutes less than five per centum (5%) of the outstanding stock
of the corporation involved.
(10)
A contract for the furnishing of public utility services
when the rates or charges therefor are fixed or regulated by the Public
Service Commission.
(11)
A contract for the payment of a portion of the compensation
of a private employee of an officer when such employee performs part-time
service in the official duties of the office.
(12)
A contract in which a municipal officer or employee
has an interest if the total consideration payable thereunder, when
added to the aggregate amount of all consideration payable under the
contracts in which such person had an interest during the fiscal year,
does not exceed the sum of one hundred dollars ($100.).
(13)
A contract with a member of a private industry council
established in accordance with the Federal Job Training Partnership
(JTPA) or any firm, corporation or association in which such member
holds an interest, provided that the member discloses such interest
to the council and the member does not vote on the contract.
(14)
Any person serving the Town or any agency thereof
without compensation shall not be deemed to be in violation of this
Article unless such interest is in conflict with the proper discharge
of his official duties.
A.
Any officer or employee who has, will have or later
acquires an interest in any actual or proposed contract with the Town
of Islip or agency thereof of which he is an officer or employee shall
publicly disclose the nature and extent of such interest, in writing,
to the governing body thereof as soon as he has knowledge of such
actual or prospective interest. Such written disclosure shall be made
a part of and set forth in the official record of the proceedings
of such body. Once disclosure has been made by an officer or employee
with respect to an interest in a contract with a particular person,
firm, corporation or association, no further disclosures need be made
by such officer or employee with respect to additional contracts with
the same party during the remainder of the fiscal year.
A.
Every application, petition or request submitted for
a variance, amendment, change of zoning, approval of a plat, exemption
from a plat or official map, assessment review, license or permit
pursuant to the provisions of the Town Code or building or engineering
or planning regulations shall state the name, residence and the nature
and extent of the interest of any officer or employee of the Town
of Islip in the person, partnership or association making such application,
petition or request (hereinafter called the "applicant") to the extent
known to such applicant.
[Amended 3-8-2011 by L.L. No. 3-2011]
B.
For the purpose of this section, an officer or employee
shall be deemed to have an interest in the application when he, his
spouse or their brothers, sisters, parents, children, grandchildren
or the spouse of any of them:
(1)
Is the applicant;
(2)
Is an officer, director, partner or employee of the
applicant;
(3)
Legally or beneficially owns or controls stock of
a corporate applicant or is a member of the partnership or association
applicant; or
(4)
Is a party to an agreement with such an applicant,
express or implied, whereby he may receive any payment or other benefit
whether or not for services rendered, dependent or contigent upon
the favorable approval of such application, petition or request.
C.
Ownership of less than five percent (5%) of the stock
of a corporation whose stock is listed on any public exchange shall
not constitute an interest for the purposes of this section.
D.
To the extent that an official receives from an applicant a substantial
contribution to his or her political campaign, specifically a contribution
amount in excess of 10% of the total amount of contributions received
by such campaign in the campaign finance disclosure filing period
immediately preceding a vote on an application before such official,
disclosure of such contribution shall be made by such official prior
to a vote being taken.
[Added 9-20-2016 by L.L.
No. 3-2016]
A.
Any contract willfully entered into by or with the
Town of Islip or an agency thereof in which there is an interest prohibited
by this Article shall be null, void and wholly unenforceable.
