This chapter shall be known and may be cited
as the "Town of Clifton Park Disclosure and Ethics Law."
The purpose of this chapter is to establish
minimum standards of conduct for the Town of Clifton Park officials,
officers and employees and those who seek or obtain a direct or indirect
pecuniary or material benefit from the Town of Clifton Park to help
ensure that the business of Town government is free from improper
influence that may result from opportunities for private gain. At
the same time, it is recognized that public service cannot require
a complete divesting of all proprietary interest nor impose intrusive
disclosure requirements if the Town government is to attract and retain
competent administrators and employees. Although the assurance of
ethical conduct will continue to rest primarily upon the personal
integrity of the officials, officers and employees themselves and
upon the commitment of the elected and appointed members of Town government,
the establishment of the standards set forth in this chapter is an
additional step toward providing the highest caliber of public administration
for the Town of Clifton Park and increased confidence in Town government.
By requiring public disclosure of financial interests that may influence
or be perceived to influence the actions of Town government, this
chapter is intended to facilitate consideration of potential problems
before they arise, to minimize unwarranted suspicion and to enhance
the accountability of the Town government to the people.
When used in this chapter and unless otherwise
expressly stated, the following terms shall have the meanings indicated:
BUSINESS DEALING
A.
Having or providing any contract, service or
benefit to or for the Town.
B.
Buying, selling, renting, leasing or otherwise
acquiring from or dispensing to the Town any goods, services or property.
C.
Applying for, petitioning, requesting or obtaining
any approval, grant, license, permit or other privilege from the Town
government.
MINISTERIAL ACT
An action performed in a prescribed manner imposed by law
without the exercise of judgment or discretion as to the propriety
of the action.
OFFICE IN A POLITICAL PARTY ORGANIZATION
The Chairman, Vice Chairman, Secretary or Treasurer or any
other elected or appointed office holder of a political party organization,
and shall not include committee members of either a political party
or a political organization who are not otherwise officers thereof.
PERSON
Includes natural persons, corporations, partnerships, unincorporated
associations and all other entities.
RELATED PERSON
B.
Any partnership or unincorporated association
of which the Town officer or employee is a member or employee or in
which he or she has a proprietary interest.
C.
Any corporation of which the Town officer or
employee is an officer, director or employee or of which he or she
legally or beneficially owns or controls more than 5% of the outstanding
stock.
D.
Any person from whom the Town officer or employee
or his or her spouse has received within the previous twelve-month
period a pecuniary or material benefit having an aggregate value greater
than $2,000 or to whom a Town officer or his or her spouse is indebted
to in an amount of $2,000 or greater.
[Amended 12-1-2008 by L.L. No. 10-2008]
SOLICIT
To make a specific request of a person not otherwise disposed
to be a recipient of such request.
TOWN
The Town of Clifton Park governmental and administrative
operations, including officials, officers and employees of the Town
of Clifton Park who act under the auspices of the Town of Clifton
Park or on its behalf.
TOWN CLERK
The Clerk of the Town of Clifton Park pursuant to § 30
of the New York State Town Law.
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town including Town officials,
whether paid or unpaid. No person shall be deemed to be a "Town officer
or employee" solely by reason of being a volunteer fireman or civil
defense volunteer.
TOWN OFFICIAL
A.
The Town Supervisor, County Supervisor, Deputy
Town Supervisor, Town Superintendent of Highways, Deputy Superintendent
of Highways, Town Clerk, Deputy Town Clerk, Collector and Assessor
of Taxes, Town Attorney and Deputy Town Attorneys.
[Amended 12-1-2008 by L.L. No. 10-2008]
B.
Any person designated by New York State Town
Law or the Town Code of the Town of Clifton Park or by Town resolution
as the head of a department or bureau of the Town.
C.
Any person who has the authority to approve,
authorize or audit any grant, permit, license, application or other
privilege or any purchase, sale, rental or lease of goods, services
or property on behalf of the Town.
D.
Any elected or appointed member of the Town
Board, Planning Board, Zoning Board of Appeals, Environmental Conservation
Commission, Parks and Recreation Commission, Fire Appeals Board, Industrial
Development Agency and any other Town board, commission or committee
hereinafter created, the authority of which includes approval, authorization
or audit of any grant, application or other privilege or of any purchase,
sale, rental or lease of goods, services or property on behalf of
the Town, but "Town official" does not include a Judge, Justice, officer
or employee of the unified court system, or any member of an ad hoc
or temporary board, committee or body not set forth otherwise hereinabove
and which is designated by the Town Board to provide advisory services
to the Town.
VENDOR
Any person or entity that sells or provides to the Town any
property, goods or services, whether on a regular basis or pursuant
to periodic agreement, and does not include a Town Officer, Attorney
or Deputy Town Attorney, Deputy Town Clerk or other employee.
[Amended 12-1-2008 by L.L. No. 10-2008]
Transactional disclosure statements filed pursuant to §
17-5 and financial disclosure statements filed pursuant to §
17-6 shall be public records and shall be indexed and maintained on file in an appropriate manner by the Town Clerk. The Town Clerk shall promptly transmit a copy of all statements to the Town's Ethics Board. The Town Clerk shall retain disclosure statements in his or her files for not less than seven years from the date of filing.
[Amended 12-28-1989 by L.L. No. 26-1989]
A. On or before March 10 of each year, the Town Supervisor shall cause to be filed with the Town Clerk and with the Town Ethics Board a list of the names and offices or positions of all Town officials and notify all Town officials of the financial disclosure requirements of §
17-6.
B. On or before May 15 of each year, the Town Supervisor
shall verify that every Town official has filed his or her financial
disclosure statement.
C. Failure of the Town Supervisor to comply with this section shall not relieve any Town official of his or her duty to file an annual disclosure statement pursuant to §
17-6.
[Amended 12-1-2008 by L.L. No. 10-2008]
It shall be a violation of this chapter for
any Town official, employee or appointee covered by this chapter to
intentionally or knowingly:
A. Solicit, request, command, importune, aid, induce or cause another covered employee or appointee covered by this chapter to engage in conduct that violates any provision of this Chapter
17.
B. Agree with one or more persons to engage in conduct that violates any provision of this Chapter
17.
[Added 12-1-2008 by L.L. No. 10-2008]
All Town Board members, department heads, bureau directors, Town employees and all agents authorized to approve procurement under the Town’s procurement policy and procedures, as well as the members of the Planning Board and the Zoning Board of Appeals, shall complete a training seminar that shall be provided at the direction of the Town Board, in conjunction with the Town Ethics Board, and shall be designed to review the standards contained in this Chapter
17, the standards and requirements contained in General Municipal Law § 801 et seq., as well as the Town’s procurement guidelines. Training seminars to be provided by qualified professionals proficient in municipal ethics and shall be designed to keep training recipients knowledgeable of current standards and issues in municipal ethics. Such training shall be made available each year and shall be provided so as to be reasonably available as required. The requirement may be fulfilled on a biannual basis by covered individuals. Scheduling and records documenting compliance with this section shall be performed and maintained by the Secretary to the Town Ethics Board. The Town Board may expand or adjust the categories of employees subject to the training requirements of this §
17-12 by resolution, based on feedback from the program and from the Town Ethics Board.
[Amended 10-25-1993 by L.L. No. 15-1993; 12-1-2008 by L.L. No. 10-2008]
Upon the filing of a written request for an
advisory opinion of any board, commission, department or individual
Town officer or employee, the Town Ethics Board may render written
advisory opinions with respect to the interpretation or application
of this chapter. To prevent misuse of requests for advisory opinions,
each written request for an advisory opinion shall be signed and shall
not involve hypothetical situations, but shall detail specific conduct
with respect to specific employees and officers. The Ethics Board
reserves the right to reject a request for an advisory opinion for
failure to comply with this section or to request supplemental information.
The form to be utilized in requesting an advisory opinion from the
Ethics Board shall be the form available in the office of the Town
Clerk.
Any amendment to this chapter shall be effective
only upon a minimum of four votes by the Town Board.