[Amended 10-6-2015 by L.L. No. 10-2015]
Unless otherwise stated or unless the context otherwise requires,
when used in this chapter the following terms shall have the meanings
indicated:
APPEAR and APPEAR BEFORE
Communicating in any form, including, without limitation,
personally, through another person, by letter, by email or other electronic
means, or by telephone.
CONFIDENTIAL MATERIAL
[Added 7-2-2019 by L.L. No. 8-2019; amended 9-3-2019 by L.L. No. 11-2019]
A.
Confidential material shall include:
(1)
Any record exempt from disclosure under New York State Public
Officers Law § 87(2); and
(2)
Any information contained in the records described in Subsection
A(1).
B.
Any record created by, or any communication to or from, the
Putnam County Law Department, Legislative Counsel, or outside counsel
or consultant retained by Putnam County, shall be presumed to be confidential
material even if not explicitly designated "confidential." Such presumption
of confidentiality shall have no determinative effect on the availability
of the record to the public under the Public Officers Law.
COUNTY
The County of Putnam. "County agency" means any Putnam County
department or division, board, commission or bureau of any Putnam
County department but shall not include the County Court.
COUNTY OFFICER OR EMPLOYEE
Any officer or employee of the County, whether paid or unpaid,
elected or appointed, and includes, without limitation, all members
of any office, board, body, advisory board, council, commission, agency,
department, district, administration, division, bureau, or Board of
Ethics of the County. "County officer or employee" shall not include:
A.
A judge, justice, officer, or employee of the unified court
system;
B.
A volunteer firefighter or civil defense volunteer; or
C.
A member of an advisory board of the County if, but only if,
the advisory board has no authority to implement its recommendations
or to act on behalf of the County or to restrict the authority of
the County to act. No entity established pursuant to the General Municipal
Law of the State of New York shall be deemed an advisory board for
purposes of this subsection.
CUSTOMER or CLIENT
A.
Any person to whom a County officer or employee has supplied
goods or services during the previous 24 months having, in the aggregate,
a value greater than $5,000; or
B.
Any person to whom a County officer's or employee's
outside employer or business has supplied goods or services during
the previous 24 months having, in the aggregate, a value greater than
$5,000, but only if the County officer or employee knows or has reason
to know the outside employer or business supplied the goods or services.
GIFT and FINANCIAL BENEFIT
Shall include any money, service, license, permit, contract,
authorization, loan, travel, entertainment, hospitality, or any promise
thereof or any other gratuity or promise thereof or anything of value.
A financial transaction may be a financial benefit but shall not be
a gift unless it is on terms not available to the general public.
"Gift" and "financial benefit" do not include campaign contributions
permitted by law.
MINISTERIAL ACT
An administrative act carried out in a prescribed manner
not allowing for substantial personal discretion.
OUTSIDE EMPLOYER OR BUSINESS
A.
Means:
(1)
Any activity, other than service to the County, from which the
County officer or employee receives compensation for services rendered
or goods sold or produced;
(2)
Any entity, other than the County, of which the County officer
or employee is a member, officer, director, or employee and from which
he or she receives compensation for services rendered or goods sold
or produced; or
(3)
Any entity in which the County officer or employee has an ownership
interest of 5% or more.
B.
For purposes of this definition, "compensation" shall not include
reimbursement for necessary expenses, including travel expenses.
PERSON
Includes individuals and entities.
RECORD
Any information kept, held, filed, produced
or reproduced by, with or for an agency or the Legislature of Putnam
County, in any physical form whatsoever (including electronic media),
including, but not limited to, reports, statements, examinations,
memoranda, opinions, folders, files, books, manuals, pamphlets, forms,
papers, designs, drawings, maps, photographs, letters, microfilms,
computer tapes or discs, rules, regulations or codes. The term shall
include a draft whether or not it results in a final document.
[Added 7-2-2019 by L.L. No. 8-2019]
RELATIVE
A spouse, child, stepchild, sibling, half-brother, half-sister,
parent, stepfather, stepmother, mother-in-law, father-in-law, brother-in-law,
sister-in-law, grandparent, grandchild, uncle, aunt, niece, nephew,
and first cousin. "Relative" shall also include any person claimed
as a dependent on the New York State individual tax return of a County
officer or employee.
A County officer or employee shall promptly
report to the Board of Ethics any attempt by any other person to induce
him or her to violate any of the provisions of this chapter, whether
or not the other person is also a County officer or employee.
Any contract willfully entered into by or with the County in which there is an interest prohibited by Article
8 of the General Municipal Law or this chapter shall be null, void and wholly unenforceable, and a contract which involves a failure to make a disclosure required by this chapter shall be null, void and wholly unenforceable unless ratified by the Legislature after the requisite disclosure is made.
Any resident, officer, or employee of the County
may initiate an action or special proceeding, as appropriate, in a
court of appropriate jurisdiction for injunctive relief to enjoin
an officer or employee of the County from violating this chapter or
to compel an officer or employee of the County to comply with the
provisions of this chapter. In lieu of, or in addition to, injunctive
relief, the action or special proceeding, as appropriate, may seek
a declaratory judgment.
All annual financial disclosure statements required
hereunder shall be filed with and retained by the Board of Ethics.
Disclosure thereof shall be made only pursuant to law, and the Board
of Ethics may adopt appropriate rules and regulations to enforce the
various provisions of this chapter. The Board of Ethics shall destroy
all disclosure forms submitted in accordance with this chapter pursuant
to the Records Retention Disposition Schedule as issued by the New
York State Education Department.
[Amended 12-7-2010 by L.L. No. 1-2011]
A. There is
hereby established a Board of Ethics consisting of five members appointed
by the County Executive, subject to confirmation by a simple majority
of the Legislature.
B. The members
of the Board of Ethics shall reside in the County of Putnam.
C. No more
than one member of the Board of Ethics may be an appointed officer
or employee of the County.
D. No Board
of Ethics member shall hold office in a political party or be employed
or act as a lobbyist or hold elective office in the County.
E. The term
of office of Board of Ethics members shall be three years and shall
run from January 1 through December 31, except that of the members
holding office on the effective date of this chapter, one member shall
serve until December 31 of that year, two shall serve until the next
December 31, and two shall serve until the third December 31.
F. A Board
of Ethics member shall serve until his or her successor has been appointed.
G. The members
of the Board of Ethics shall not receive compensation but shall be
reimbursed for reasonable expenses incurred in the performance of
their official duties.
When a vacancy occurs in the membership of the Board of Ethics, 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 on the Board of Ethics shall meet the qualifications set forth in §
55-12.
A Board of Ethics member 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 §
55-12, chronic absenteeism, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter.
At its first meeting each year, the Board of
Ethics shall elect a Chair from among its members. A majority of the
Board shall be required for the Board to take any action. The Chair
or a majority of the Board may call a meeting of the Board.
[Amended 12-4-2012 by L.L. No. 15-2012]
A. Except
as provided in § 808 of the New York State General Municipal
Law, the Board of Ethics may only act with respect to officers and
employees of the County.
B. The termination
of a municipal officer’s or employee’s term of office
or employment with the County shall not affect the jurisdiction of
the Board of Ethics with respect to the requirements imposed on him
or her by this chapter.
C. Internal
organization and procedures; other powers and duties.
(1) The
Board of Ethics shall adopt rules and regulations governing its own
internal organization and procedures in a manner consistent with this
chapter. Such rules and regulations shall guarantee due process and
be consistent with all applicable state laws and adopted after consultation
with the Putnam County Attorney.
(2) The
Board of Ethics shall have such other powers and duties as shall be
provided by or pursuant to Article 18 of the General Municipal Law
of the State of New York, or any other applicable law.
D. The County
Attorney shall provide legal services to the Board of Ethics upon
request, except that in cases where the Board of Ethics deems it necessary
or appropriate, the Board may engage the services of outside counsel
with the consent of the County Legislature which shall not be unreasonably
withheld.
The Board of Ethics shall review:
A. The lists of officers and employees prepared pursuant to §
55-7, to determine whether the lists are complete and accurate. The Board shall recommend to the Legislature the addition or deletion of County officers or employees in appropriate circumstances.
B. All annual financial disclosure statements to determine
whether any person required to file such a statement has failed to
file it, has filed a deficient statement, or has filed a statement
that reveals a possible or potential violation of this chapter.
The Board of Ethics may refer any matter to
the County Attorney for a determination whether to initiate an action
or special proceeding, as appropriate, in a court of appropriate jurisdiction
for injunctive relief to enjoin a violation of this chapter or to
compel compliance with this chapter.
[Amended 12-4-2012 by L.L. No. 15-2012]
A. The Board
of Ethics shall render advisory opinions to County officers and employees
with respect to the interpretation and application of this chapter,
or Article 18 of the New York State General Municipal Law.
B. Consistent
with § 808 of the New York State General Municipal Law,
the Board of Ethics shall also render advisory opinions to officers
and employees of municipalities wholly or partly within the County
with respect to Article 18 of the New York State General Municipal
Law or any code of ethics adopted pursuant thereto.
C. The Board of Ethics shall render any such advisory opinion only pursuant to a written request by an officer or employee of the County or of a municipality wholly or partly within the County consistent with § 808 of the New York State General Municipal Law. The request must relate to the officer’s or employee’s official duties and responsibilities. The Board of Ethics shall acknowledge receipt of any such request within 30 days after receipt thereof, and shall act upon such request within 60 days of receipt or may treat the request as a complaint governed by §
55-18.
D. Advisory
opinions of the Board of Ethics, and the identity of the person requesting
an advisory opinion shall be confidential, and in no event shall an
advisory opinion or the identity of the officer or employee be disclosed
by the Board of Ethics. The person to whom an advisory opinion is
rendered may make such disclosures with respect to the advisory opinion
as he or she may wish.