[Amended 12-21-2010 by L.L. No. 2-2011, effective 1-24-2011; 3-8-2011 by L.L. No.
10-2011, effective 3-21-2011; 7-15-2014 by L.L. No. 15-2014, effective 7-27-2014; 3-23-2017 by L.L. No. 8-2017 , effective 4-3-2017; 1-25-2018 by L.L. No. 1-2018, effective 2-6-2018; 9-30-2021 by L.L. No. 18-2021, effective 10-14-2021]
When used in this chapter and unless the context otherwise requires,
the words used herein shall have the same meanings or definitions
as those in Article 18, § 800 et seq., and any amendments
thereto, of the General Municipal Law, which are incorporated by reference
herein:
AGENCY
Any office, body, board, advisory board, authority, commission,
council, department, district, division, bureau or committee of the
Town, and any comparable entity funded or created by or for the Town
for the purpose of conducting or financing an improvement(s) or service(s)
for the promotion of the health, welfare, safety or convenience of
the residents of the Town or for the benefit of real property in the
Town, but shall not include any fire district or library district.
APPEAR, APPEARANCE, or APPEAR BEFORE
A representational communication by whatever form, whether
personally or through another person or another entity, with any agency
of the Town relating to a business dealing.
BOARD
The Town Board or any other Town administrative board.
BUSINESS DEALING
Having or providing any contract or service or work application
with the Town, and means buying, selling, renting, acquiring from
or dispensing to the Town any good, service or property and is applicable
to petitioning for, requesting, or obtaining any approval, grant,
license, loan, permit, franchise or the like from the Town.
CANDIDATE
Any person seeking, or taking affirmative acts in furtherance
of obtaining, a nomination, designation, or election to a public or
party office in the Town of Brookhaven, excluding the party position
of committeeperson.
DISCRETIONARY ACT
Any action involving the exercise of judgment or discretion
by an officer or employee, either acting as an individual or as a
member of a board or agency, or as an advisor to any board or agency,
and includes, but is not limited to, negotiations, approval, advice,
recommendation, authorization or audit.
DUTIES
Includes those functions performed in the service of the
Town, as distinguished hereinbelow:
A.
ADVISORY DUTIESIncludes those functions performed by any volunteer public officer as defined hereunder, involving the mere gathering, analysis, dissemination or retrieval of general information for the purpose of rendering advice to the Town Board or the various Town departments, agencies, boards, committees, councils, special districts, improvement districts and all other facets of the Town government and its subdivisions, in regard to their volunteer public service.
B.
DISCRETIONARY DUTIES (also referred to as "discretionary authority")Includes those functions performed by any Town officer involving greater than the mere dissemination or retrieval of general information; or those functions imposed by law, job description or general practice that involve decisionmaking, policy-making or the rendering of a judgment.
C.
OFFICIAL DUTIESIncludes all functions regarding the reasonably expected responsibilities, charges, obligations, trusts and liabilities of any and all elected officials, officers, employees, public officials and/or public servants of the Town and its various departments, agencies, boards, committees, councils, special districts, improvement districts and all other facets of the Town government and its subdivisions, in regard to their public service.
ENGAGE
Includes any recognized dictionary definition thereof and/or
of the following words: "participate," "enter into," "join," "take
part in," "arrange," "bargain" and/or "deal."
FAMILY MEMBER
A spouse, child, stepchild, child's spouse, sibling, stepsibling,
sibling's spouse, parent, stepparent or dependent of an officer or
employee.
FINANCIAL INTEREST
A direct or indirect financial or material benefit, but does
not include any benefit arising from the provision or receipt of any
services generally available to the residents or taxpayers of the
Town, or a lawful class of such residents or taxpayers. A Town officer
or employee is deemed to have an interest in any private organization
when he or she, his or her spouse, or a member of his or her household
is an owner, partner, member, director, officer, employee, or directly
or indirectly owns or controls more than 5% of the organization's
outstanding stock.
LOBBYING; LOBBYING ACTIVITIES; PAID LOBBYIST
Any person paid to influence the passage or defeat of any
legislation by the Town or the approval or disapproval of any legislation
by the Town; the adoption or rejection by the Town of Brookhaven,
its agencies, boards, departments, offices or commissions of any rule
or regulation having the force and effect of law; or the outcome of
any ratemaking proceeding by a Town agency or the outcome of any land
application before a Town agency.
MINISTERIAL ACT
An action performed in a prescribed manner, whether by statute
or by standard accepted and known practice, where there is no exercise
of judgment or discretion.
OUTSIDE EMPLOYER OR BUSINESS
A.
Any activity, other than employment with the Town, for which
the officer or employee receives compensation for services rendered
or goods sold or produced.
B.
Any entity, except the Town, of which the officer or employee
is a member, official or employee.
C.
Any entity in which the officer or employee has an ownership
interest.
POLITICAL ACTIVITIES
Any activities related to partisan politics, including recruiting,
solicitation for fund-raising, invoking political reprisals, and any
action that uses political influence to affect the duties and responsibilities
of any officer or employee of the Town.
TOWN
The Town of Brookhaven.
TOWN OFFICER OR EMPLOYEE
Includes all of the following categories of individuals,
as distinguished hereinbelow:
A.
ELECTED OFFICERIncludes all persons elected by the electors of the Town of Brookhaven pursuant to the laws of the State of New York.
B.
EMPLOYEEIncludes all persons in a paid or unpaid position, employed by the Town of Brookhaven in its various departments, agencies, boards, committees, councils, special districts, improvement districts and all other facets of the Town government and its subdivisions, whether pursuant to civil service regulations, contractual employment agreements or any other arrangements.
[Amended 2-22-2024 by L.L. No. 3-2024, effective 2/27/2024]
A. No person shall engage in any political activities on any Town premises
at any time. Such prohibited activities include but are not limited
to the following:
(1) Sales or purchases of tickets to political events.
(2) Discussion of tickets to political events.
(3) Solicitation to join a political party or activity.
(4) Discussion of promotions or transfers or changes of assignments or
compensation on the basis of any political considerations.
(5) Solicitation of funds or goods or services for political purposes.
B. No person having supervisory control or who is superior in title
to any officer or employee of the Town shall engage in any of the
following actions with subordinates at any time on or off Town premises:
(1) Discussion of or solicitation of ticket purchases or sales.
(2) Solicitation to join a political party or political activity.
(3) Use of political considerations in discussing duties, positions,
compensation, changes in titles or work assignments.
(4) Use of political considerations as the reason for promotions, assignment
changes, demotions or termination.
C. No officer or employee of the Town shall solicit or discuss political
contributions with Town vendors or consultants at any time, on or
off Town premises.
D. No elected Town officer, Bingo Inspector or any person holding an
appointed office on the Town's Board of Ethics, Planning Board, Zoning
Board of Appeals, Assessment Review Board, Industrial Development
Agency or Local Development Corporation shall hold a position on any
Town, county, state, or national duly recognized political party's
executive committee.
E. No officer or employee may use or permit the use of any Town computer,
printer, software, or any other related Town resources for political
activity.
Any Town officer or employee having discretionary duties shall
require the filing of a written notice of appearance by any agent.
A. Filing required. A Town officer or employee having discretionary
duty shall require the filing of a written notice of appearance by
any agent retained by a person, business entity, association or other
client prior to any discussion or meeting with such agent.
B. Form. A sworn notice of appearance shall either be by letter or on
a form prepared by the Town Attorney's office and must include the
business name, individual name, address and telephone number of both
the agent and client, the date the agent was retained by the client,
the matter the agent is appearing on and the department the agent
is appearing before and relationship of agent or client to any Town
officer or employee and shall certify that any written application
is truthful and complete.
C. Filing. The department with which the notice of appearance has been
filed shall keep the original, and a copy shall be forwarded to and
maintained by the Town Clerk, as a readily available public document.
If any clause, sentence, paragraph, section or item of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not impair nor invalidate the remainder
hereof, but such adjudication shall be confined in its operation to
the clause, sentence, paragraph, section or item directly involved
in the controversy in which such judgment shall have been rendered.
[Added 9-29-2009 by L.L.
No. 21-2009]
When used in this article, and unless the context specifically
indicates otherwise, the following words shall have the meanings indicated:
GROSS MISMANAGEMENT
Any action or activity by a Town official or employee which
is undertaken in the performance of such official's or employee's
official duties, whether or not such action or activity is within
such official's or employee's scope of employment, and which action
or activity is an arbitrary and capricious misuse of Town property
or facilities, a persistent abuse of authority, or is a willful omission
to perform a required duty.
GROSS WASTE OF FUNDS
The procurement of any supplies and/or professional services
by a Town official or employee, or an agent of such official or employee,
the procedure for which is not governed by the General Municipal Law
or the Town of Brookhaven Procurement Policy, where the cost of such
supplies and/or professional services unreasonably exceeds the cost
that is standard in the appropriate industry for which such supplies
and/or professional services are procured.
IMPROPER GOVERNMENTAL ACTION
Any action taken by a Town official or employee, or an agent
of such official or employee, which is undertaken in the performance
of such official's, employee's or agent's official duties, whether
or not such action is within such official's, employee's or agent's
scope of employment, and which action is in violation of any federal,
state or local law, rule or regulation.
PROTECTED DISCLOSURE
Any disclosure of information by a Town official or employee
pursuant to the procedures set forth herein, which the official or
employee reasonably and in good faith believes evidences an improper
governmental action, gross mismanagement, or a gross waste of funds.
RETALIATORY PERSONNEL ACTION
Any action affecting compensation, appointment, promotion,
transfer, assignment, reassignment or evaluation of performance, or
other adverse employment action taken against a Town official or employee
regarding his/her terms and conditions of employment.
SUPERVISORY AUTHORITY
Managerial authority or any other authority to direct and
control the work performance of any other Town official or employee.
No official or employee having supervisory authority over another
official or employee of the Town of Brookhaven shall engage in, or
threaten to engage in, retaliatory personnel action against any official
or employee because he/she has made, or threatens to make, a protected
disclosure pursuant to this article.
If it is determined that a prohibited retaliatory personnel
action has occurred, appropriate action shall be taken, which may
include but shall not be limited to the discipline of the employee(s)
and/or official(s) who caused the retaliatory personnel action to
occur, and, to the extent feasible, affording appropriate relief to
the employee or official who was the subject of the retaliatory personnel
action.
[Amended 1-25-2018 by L.L. No. 1-2018, effective 2-6-2018]
Nothing in this article shall be deemed to diminish the rights,
privileges, or remedies of any official, employee or candidate under
any other law or regulation or under any collective bargaining agreement
or employment contract.