This chapter shall be known as the "Code of
Ethics of the Town of Colonie."
As used in this chapter, the following terms
shall have the meanings indicated:
CANDIDATE
Any candidate for one of the Town-wide elective offices set
forth in Town Law § 20, Subdivision 1(a), who receives the
nomination of a political party; files a designating petition for
nomination at a primary election; seeks independent nomination and
who obtains the requisite number of signatures on an independent nominating
petition as required by Election Law § 6-142, Subdivision
2; or receives the designation of a committee to fill vacancies pursuant
to Election Law §§ 6-148 and 6-152. The terms "party,"
"designation," "primary election," "nomination" and "independent nomination,"
as used herein, shall have the same meanings as those contained in
Election Law §§ 1-104 and 6-140.
CONFIDENTIAL INFORMATION
Any data acquired through the course of employment or public
office with the Town of Colonie that is protected from disclosure
by law or that poses a conflict of interest.
CONFLICT OF INTEREST
Includes any action or omission which is in conflict or gives
the appearance of conflict with the performance of official Town business
or government.
CORPORATION
An artificial person or being endowed by law with the capacity
of perpetual succession and shall include corporations organized as
public, private, eleemosynary, civil, domestic, foreign, close, open,
municipal and not-for-profit institutions.
EMPLOYEE
Includes all persons, other than seasonal employees, who
are not officials but whose salaries are paid in whole or in part
by the Town of Colonie.
FAMILY
Includes a spouse and unemancipated minor children residing
in the same household with their parents.
OFFICIAL
Includes every officer who is elected by the electors of
the Town of Colonie, every Town officer as defined in the Town Law,
all other Town officials and members of committees or boards of the
Town of Colonie created by virtue of the Town Law and appointed by
the Town Board, whether compensated or uncompensated.
PROFESSIONAL LICENSE
A privilege granted by the State of New York to conduct an
occupation or trade.
PUBLIC SAFETY OFFICER
Includes every officer and employee whose primary responsibility
in serving the Town of Colonie is ensuring and promoting the safety
of the residents of the Town of Colonie.
RELATIVE
A spouse, child, stepchild, stepparent or any person who
is a direct descendent of the reporting Town official or employee
or of the reporting Town official's or employee's spouse.
SEASONAL EMPLOYEE
Any employee holding a position with the Town of Colonie
which is performed for a period of time shorter than a full year,
and said position may recur in each successive year.
SPOUSE
The husband or wife of the reporting individual, unless living
separate and apart from the reporting individual with the intention
of terminating the marriage or providing for permanent separation
or unless separated pursuant to:
A.
A judicial order, decree or a judgment; or
B.
A legally binding separation agreement.
[Amended 5-23-1991 by L.L. No. 4-1991; 12-2-1993 by L.L. No. 12-1993; 11-18-2010 by L.L. No. 10-2010]
A. All Town of Colonie officials and employees shall file with the Town Board of Ethics a Town of Colonie ethics certification by January 31 of each year, commencing December 31, 1993. Additionally, all Town officials and employees who have been identified by the Board of Ethics pursuant to Subsection
F(5) of §
17-7 of this chapter shall file a long form financial disclosure statement by January 31 of each year commencing December 31, 1993. Any Town of Colonie official or employee appointed by the Town Board after December 31, 1993, shall file with the Town Board of Ethics the applicable form(s) within 45 days after such appointment and no later than January 31 of each year thereafter. All candidates for the Town of Colonie elective offices shall file with the Town Board of Ethics a financial disclosure statement within 10 business days after:
(1) The last day allowed by law for the filing of primary election designating
petitions.
(2) The last day allowed by law for the filing of independent nominating
petitions.
(3) The date of the meeting of the party committee at which they are
nominated as applicable to the form of their candidacy.
(4) The date of their designation by a committee to fill vacancies as
a candidate pursuant to Election Law §§ 6-148 and 6-152.
B. Financial
disclosure shall be set forth on the forms which are on file in the
office of the Town Clerk.
C. Any
Town of Colonie official, employee or candidate required to file a
financial disclosure statement may request one or more items of information
be redacted from his or her financial statement when said financial
statement is made available to the public. Further, such official,
employee or candidate may request an exemption from reporting one
or more items of information pertaining to the reporting individual's
spouse.
D. In
order for the Board of Ethics to grant a request for redaction or
exemption, the Board shall determine that the item or items of information
to be redacted or exempted have no material bearing on the discharge
of the reporting individual's official duties.
E. A
request for redaction or exemption shall be set forth in a form which
is on file in the office of the Town Clerk.
[Amended 12-2-1993 by L.L. No. 12-1993; 11-18-2010 by L.L. No. 10-2010]
The Board of Ethics shall be empowered to grant
extensions of time for filing the financial disclosure statements.
In order for the Board of Ethics to grant a request for an extension
of time to file the financial disclosure statement beyond the January
31 deadline, the Board shall find that there is justifiable cause
for filing after the deadline or that application of the deadline
will impose an undue hardship. A written request for extension of
time shall be filed with the Board of Ethics on or before January
31.
No Town official or employee shall use or permit
the use of Town property, including land, vehicles, equipment, materials
and any other property, for personal convenience or profit except
when such use is available to Town citizens generally or is provided
as a matter of Town policy.
A Town official, employee or appointee of the
Town of Colonie shall treat all members of the public, whether a person,
firm, corporation or other organization, with equal consideration
and without special advantage. Every such employee shall also endeavor
to pursue a course of conduct which will not raise suspicion among
the public that he or she is likely to be engaged in acts that are
in violation of their trust.
[Amended 12-2-1993 by L.L. No. 12-1993]
The Employee Relations Department shall cause
a copy of this Code of Ethics, the Town of Colonie ethics certification
and, if required by this chapter, the long form financial disclosure
to be distributed to every official and employee of the Town of Colonie
no later than October 31 of each year and to newly appointed officials
and employees within five days of the commencement of their official
duties. The Town Clerk of the Town of Colonie shall cause a copy of
this Code of Ethics and Article 18 of the General Municipal Law to
be made available for public inspection at the Town Clerk's office.
[Amended 12-2-1993 by L.L. No. 12-1993]
A violation of Article 18 of the General Municipal
Law or any provision of this Code of Ethics shall be grounds for reprimand,
fine, suspension without pay, termination of employment or such other
action as permitted by law or collective bargaining agreement.
Any person who, willfully or otherwise, violates
this Code of Ethics may be guilty of a misdemeanor and/or subject
to the civil penalties provided herein.
A. Any elected official guilty of a violation of this
chapter may be subject to penalties as provided and may be subject
to a civil penalty of loss of pay not to exceed one month's salary
or such other sanction as deemed appropriate. In addition to the sanctions
for aiding, abetting, seeking or requesting a violation of this chapter,
any person or organization which willfully attempts to secure preferential
treatment in his or her dealings with the Town by offering any valuable
gifts, whether in the form of a service, loan, thing or promise, in
any form to any Town official or employee may have his or her current
contracts with the Town canceled and shall not be able to bid on any
other Town contract for a period of two years.
B. An employee of the Town found guilty of a violation
of this chapter may be subject to civil penalties provided in the
New York State Civil Service Law, including reprimand, fine, suspension
without pay or termination of employment.
[Amended 12-2-1993 by L.L. No. 12-1993]
C. Members of boards and commissions found guilty of
a violation of this chapter may be subject to immediate removal from
such appointment or such other sanction as the Board of Ethics deems
appropriate.
[Added 12-2-1993 by L.L. No. 12-1993]
If any clause, sentence or provision of this
chapter or the application thereof to any person or circumstance shall
be adjudged by a court of competent jurisdiction to be invalid, the
invalidity thereof shall not affect, impair or invalidate the remainder
of the provisions of this chapter or the application thereof to other
persons and circumstances.