[HISTORY: Adopted by the Town Board of the
Town of Cheektowaga as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-21-1985 as Ch. 24, Art. I, of the 1985 Code]
Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board of the Town of Cheektowaga
recognizes that there are rules of ethical conduct for public officers
and employees which must be observed if a high degree of moral conduct
is to be obtained and if public confidence is to be maintained in
our unit of local government. It is the purpose of this article to
promulgate these rules of ethical conduct for the officers and employees
of the Town of Cheektowaga. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of Cheektowaga.
The rules of ethical conduct of this code, as adopted, shall not conflict
with but shall be in addition to any prohibition of Article 18 of
the General Municipal Law or any other general or special law relating
to ethical conduct and interest in contracts of municipal officers
and employees.
As used in this article, the following terms
shall have the meanings indicated:
A pecuniary or material benefit accruing to a municipal officer
or employee, unless the context otherwise requires.
An officer or employee of the Town of Cheektowaga, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer, except a chief engineer or assistant chief
engineer.
Every officer or employee of the Town of Cheektowaga
shall be subject to and abide by the following standards of conduct:
A.Â
Gifts. He shall not directly or indirectly solicit
any gift or accept or receive any gift having a value of $25 or more,
whether in the form of money, services, loan, travel, entertainment,
hospitality, thing or promise or any other form under circumstances
in which it could reasonably be inferred that the gift was intended
to influence him or could reasonably be expected to influence him
in the performance of his official duties or was intended as a reward
for any official action on his part.
B.Â
Confidential information. He shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest.
C.Â
Representation before one's own agency. He shall not
receive or enter into any agreement, express or implied, for compensation
for services to be rendered in relation to any matter before any municipal
agency of which he is an officer, member or employee or of any municipal
agency over which he has jurisdiction or to which he has the power
to appoint any member, officer or employee.
D.Â
Representation before any agency for a contingent
fee. He shall not receive or enter into any agreement, express or
implied, for compensation for services to be rendered in relation
to any matter before any agency of his municipality, whereby his compensation
is to be dependent or contingent upon any action by such agency with
respect to such matter, provided that this subsection shall not prohibit
the fixing at any time of fees based upon the reasonable value of
the services rendered.
E.Â
Disclosure of interest. To the extent that he or she
knows thereof, a member of the Town Board and any officer or employee
of the Town of Cheektowaga, whether paid or unpaid, who participates
in the discussion or gives an official opinion to the Town Board on
any legislation or action before the Town Board or who has a direct
or indirect input or involvement in any transaction involving the
town shall publicly disclose on the official record the nature and
extent of any direct or indirect financial or other private interest
he or she has in such legislation or transaction.
[Amended 1-19-1993]
F.Â
Investments in conflict with official duties. He shall
not invest or hold any investment, directly or indirectly, in any
financial, business, commercial or other private transaction which
creates a conflict with his official duties.
G.Â
Private employment. He shall not engage in, solicit,
negotiate for or promise to accept private employment or render services
for private interests when such employment or service creates a conflict
with or impairs the proper discharge of his official duties.
H.Â
Appearance before board or agency after termination
of employment. He shall not, after the termination of service or employment
with such municipality, appear before any board or agency of the Town
of Cheektowaga in relation to any case, proceeding or application
in which he personally participated during the period of his service
or employment or which was under his active consideration.
I.Â
Use of information for financial or personal gain.
He- or she shall not use any information acquired in the course of
his or her official duties or take any action to advance the financial
or other private interest of himself, herself or any other person.
[Added 1-19-1993]
Nothing herein shall be deemed to bar or prevent
the timely filing by a present or former municipal officer or employee
of any claim, account, demand or suit against the Town of Cheektowaga
or any agency thereof on behalf of himself or any member of his family
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
A.Â
The purpose of this section is to establish policy
guidelines for participation in the town's Housing Rehabilitation
Loan Program by town employees. It is essential that the Community
Development Block Grant Housing Rehabilitation Loan Program remain
completely devoid of any taint or suggestion of corruption, abuse
or wrongdoing in the authorization or issuance of loans for housing
rehabilitation. Thus, in the interest of preserving the integrity
of the town's Community Development Block Grant Housing Rehabilitation
Loan Program and of avoiding the occurrence or appearance of conflict
of interest, the following policy guidelines shall be applied without
exception to any employee of the town seeking assistance under said
loan program. Further, these policy guidelines are based on the certifications
submitted annually to the Department of Housing and Urban Development
by the town for receipt of community development block grant funds.
Section (h) of these certifications reads:
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"No member, officer or employee of the grantee
or its designees or agents, no member of the governing body of the
locality in which the program is situated and no other public official
of such locality or localities who exercises any functions or responsibilities
with respect to the program during his/her tenure or for one year
thereafter shall have any interest, direct or indirect, in any contract
or subcontract or the process thereof for work to be performed in
connection with the program assisted under the grant, and that it
shall incorporate or cause to be incorporated in all such contracts
or subcontracts a provision prohibiting such interest pursuant to
the purposes of this certification."
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B.Â
Guidelines.
(1)Â
An individual shall not be eligible for participation
in the Housing Rehabilitation Loan Program if he/she is responsible
for review or approval of applications filed for loans or has an influence
on the formation and execution of housing rehabilitation loan program
policy. Those specifically excluded are Town Board members and the
Director of Community Development.
(2)Â
An individual shall not be eligible for participation
in the Housing Rehabilitation Loan Program if he/she is responsible
for inspection, approval or verification of work performed under said
loan program or for vouchers submitted for payment through said loan
program. Those specifically excluded are Housing Inspectors and the
Supervising Accountant.
(3)Â
The spouse and direct blood relatives of personnel
responsible for or having an influence on the formation and execution
of policy in relation to the Housing Rehabilitation Loan Program,
residing within the household of said person, shall not be eligible
for participation in said loan program.
(4)Â
In instances where the eligibility of an individual
is not clearly defined or where eligibility appears questionable,
the Town Community Development Director shall forward a letter to
the individual or the department at the Department of Housing and
Urban Development responsible for determining if a conflict of interest
exists for its review of said case. The information provided to the
Department of Housing and Urban Development will be descriptive in
nature and will include facts essential and necessary to render an
opinion.
A.Â
BUSINESS INTERESTS
INVESTMENT
OUTSIDE EMPLOYMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes any interest, direct or indirect, which an individual
has in any corporation, firm, partnership, sole proprietorship or
other organization or company doing business in the State of New York.
Includes any other interest which an individual has in which
said individual committed money for future advantage, benefit or profit,
including any and all interests in real estate (except his or her
private residence) which is situate in the Town of Cheektowaga; but
does not include bank accounts, checking accounts, individual retirement
accounts or like investments.
Includes all activity in which an individual is engaged wherein
he or she receives compensation on a regular basis (other than for
the town); but does not include a listing of all persons, firms, etc.,
who hire said individual to act as an independent contractor to perform
a specific piece of work.
B.Â
All elected officials and salaried department heads
of the town, as hereinafter listed, shall file with the Town Clerk
a disclosure of all outside employment, business interests and investments
(other than ownership of less than 5% of the stock of a publicly held
corporation).
C.Â
Such disclosure shall be open to public inspection
and shall be revised by such elected officials and department heads,
from time to time, so as to reflect any changes in their outside interests.
D.Â
All such elected officials and department heads shall
file such disclosure within 30 days after confirmation of an appointment
or employment or within 30 days after the adoption of this section,
whichever is later.
E.Â
The following elected officials and salaried department
heads of the town shall be required to file such disclosure:
(1)Â
Elected officials: Supervisor, Deputy Supervisor,
Councilmen, Town Clerk, Receiver of Taxes, Town Justices and Highway
Superintendent.
(2)Â
Department heads: Town Attorney; Town Engineer; Building
and Plumbing Inspector; Assessor; Foreman, Sanitation Department;
General Foreman, Central Garage; Chairman, Planning Board; Health
Officer; Supervising Accountant; Chief of Police; Director, Facilities
Department; Coordinator, Senior Services Department; Director, Youth
Bureau; Chairman, Zoning Board; Community Development Director; and
Director, Recreation Department.
The Supervisor of the Town of Cheektowaga shall
cause a copy of this Code of Ethics to be distributed to every officer
and employee of the town within 20 days after the effective date of
this article. Each officer and employee elected or appointed thereafter
shall be furnished a copy before entering upon the duties of his office
or employment. A copy of this Code of Ethics will also be posted conspicuously
on the bulletin board maintained by the Town Clerk in the Town Hall
building; and a copy of this Code of Ethics shall also be posted in
the Sanitation Department building, the incinerator building, the
Highway Department building, the parks and recreation garage building,
Disposal Plant Nos. 3 and 5 and the Police Department building. This
Code of Ethics shall be posted in said buildings within 20 days after
the effective date of this article and shall remain posted for a period
of not less than 30 days.
In addition to any penalty contained in any
other provision of law, any person who shall knowingly and intentionally
violate any of the provisions of this code may be fined, suspended
or removed from office or employment, as the case may be, in the manner
provided by law.
This Code of Ethics shall take effect on November
10, 1970.
[Adopted 4-5-1993 by L.L. No. 1-1993;
amended in its entirety 4-18-1994 by L.L. No. 1-1994]
The purpose of this article is to promulgate
a form of annual statement of financial disclosure which is designed
to assure disclosure by certain municipal officers and employees and
to assure disclosure by elected officials of such financial information
as is determined by this Town Board, to continue the use of an authorized
form of annual statement of financial disclosure in use on the date
when such article is adopted and to designate the Board of Ethics
of the Town of Cheektowaga as the Board to receive and review such
filing.
This article is being enacted pursuant to § 811,
Subdivision 1, and § 812, Subdivision 3, of the General
Municipal Law and any other applicable section of the General Municipal
Law of the State of New York and is enacted pursuant to the authority
granted therein by the State of New York to the Town of Cheektowaga.
As used in this article, the following terms
shall have the meanings indicated:
An elected official of the town, except Judges or Justices
of the Unified Court System.
The heads (other than local elected officials) of any agency,
department, division, council, board, commission or bureau of the
Town of Cheektowaga and their deputies and assistants and the officers
and employees of the town departments, divisions, boards, bureaus,
commissions or councils who hold policy-making and advisory positions,
as annually determined by the Town of Cheektowaga and as set forth
in a written instrument which shall be filed with the Board of Ethics
during the month of February, except that the term "local officer
or employee" shall not mean a Judge, Justice, officer or employee
of the Unified Court System.
Such individual's spouse, child, stepchild, stepparent or
any person who is a direct descendant of the grandparents of the reporting
individual or of the reporting individual's 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 judicial order, decree or judgment
or a legally binding separation agreement.
Any son, daughter, stepson or stepdaughter who is under the
age of 18, unmarried and living in the household of the reporting
individual.
A.Â
A Board of Ethics is established and shall be known
as the "Town of Cheektowaga Board of Ethics."
B.Â
The Board of Ethics shall consist of five members,
who shall serve five-year terms of office, one such term expiring
each year. Members shall be appointed by the Town Board. The Town
Attorney shall serve as an ex officio member of the Board of Ethics.
In the event that a vacancy occurs prior to the expiration of the
five-year term, such vacancy shall be filled for the balance of such
term in the same manner as members are appointed to full terms. All
members shall reside within the Town of Cheektowaga. All members shall
serve without compensation, except that any member who is a Town of
Cheektowaga officer or employee shall be entitled to his usual compensation
when attending upon the business of the Board during normal working
hours.
C.Â
No more than three members of the Board may be affiliated
with the same political party. No member of the Board of Ethics may
hold any position in any political party (including committeeman).
For purposes of this section, "political party" shall mean any political
party which appears on the ballot in the last biennial town election.
The members shall elect a Chairman from among themselves and such
other officers as may be deemed necessary from time to time.
D.Â
A Board of Ethics member may be removed by the Town
Supervisor with the approving consent of not less than five members
of the Town Board, after a finding of substantial neglect of duty,
gross misconduct in office, inability to discharge the powers or duties
of the office or violation of this article, after written notice of
the charges and an opportunity for reply.
E.Â
The Town Clerk shall be the Clerk of the Board of
Ethics, and all documents filed with the Town Clerk shall be deemed,
for the purposes of this article, to be filings with the Board of
Ethics.
F.Â
The Board of Ethics shall have all the, powers and
duties as prescribed by Article 18 of the General Municipal Law. The
Board of Ethics may adopt and amend such rules or procedures as are
appropriate.
[Amended 4-4-2011 by L.L. No. 1-2011]
The Town of Cheektowaga recognizes that matters of finance do
exist which are so personal in nature and are so unrelated to the
performance of public employees’ duties that no useful purpose
can be served by such disclosure. Nonetheless, certain financial information
may be relevant to a public official or employee’s duties and
may impact the integrity of the town government. To that extent:
A.Â
Those town
officers and employees who are so designated from time to time by
Town Board resolution shall file with the Board of Ethics of the Town
of Cheektowaga annually, on or before May 15 of every year following
the enactment of this article, during the term of their office, a
statement of their financial holdings, assets, liabilities and net
worth. The time for filing such statement may be extended pursuant
to the rules of the Board of Ethics for justifiable cause and for
undue hardship upon application to the Board of Ethics pursuant to
the rules and regulations set forth in this article and, if applicable,
to §§ 811, 812 and 813 of the General Municipal Law
of the State of New York.
B.Â
In addition to those officers and employees referenced herein in § 18-14A, any local officer or employee who is determined by the Town Board to be a policymaker or perform any of the duties listed in § 18-15A(9)(a) through (d) shall be required to file a financial disclosure statement.
C.Â
The designated
officers and employees and elected officials shall file with the Board
of Ethics a disclosure statement answering each and every question.
The statement shall be in the form established by the Board of Ethics.
A.Â
The Board of Ethics shall have the power to:
(1)Â
Adopt, amend and rescind rules and regulations to
govern procedures of the Board of Ethics, which shall include, but
not be limited to, the procedure whereby a person who is required
to file an annual financial disclosure statement with the Board of
Ethics may request an additional period of time within which to file
such statement due to justifiable cause or undue hardship. Such rules
and regulations shall provide for a date beyond which, in all cases
of justifiable cause or undue hardship, no further extension of time
will be granted. The Board of Ethics may utilize or modify such rules
and regulations or adopt separate rules and regulations for the purpose
of Subdivision 1(d) of § 811 of the General Municipal Law.
(2)Â
Promulgate guidelines to assist the Town Board in
determining which persons hold policy-making positions for purposes
of §§ 811 and 812, Subdivision 3, of the General Municipal
Law and this article.
(3)Â
Make available forms for annual statements of financial
disclosure required to be filed pursuant to this article.
(4)Â
Review completed financial disclosure statements in
accordance with the provisions of this article, the rules and regulations
of the Board of Ethics and any local law, ordinance or Code of Ethics
established by the Town Board of the Town of Cheektowaga.
(5)Â
Receive complaints alleging a violation of this article
or a violation of the criteria for reporting requirements established
by this article, the Code of Ethics of the Town of Cheektowaga or
any local law, ordinance or resolution regarding the filing of completed
statements with the Board of Ethics.
(6)Â
Permit any person required to file a financial disclosure
statement to request that the Board of Ethics delete from the copy
thereof made available for public inspection one or more items of
information, which may be deleted by the Board of Ethics upon a finding
that the information which would otherwise be required to be disclosed
will have no material bearing on the discharge of the reporting person's
official duties. If such request for deletion is denied, the Board
of Ethics, in its notification of denial, shall inform the person
of his or her right to appeal the Boar&s determination pursuant
to the rules governing adjudicatory proceedings and appeals adopted
pursuant to this article and any applicable section of the General
Municipal Law. The Board of Ethics shall promulgate rules and regulations
governing the issuance of written decisions in connection with appeals.
(7)Â
Permit any person required to file a financial disclosure
statement to request an exemption from any requirement to report one
or more items of information which pertain to such person's spouse
or unemancipated children, which item or items may be exempted by
the Board of Ethics upon a finding by the majority of the total members
of the Board of Ethics, without vacancy, that the reporting individual
spouse, on his or her own behalf or on behalf of an unemancipated
child, objects to providing the information necessary to make such
disclosure and that the information which would otherwise be required
to be reported will have no material bearing on the discharge of the
reporting person's official duties.
(8)Â
Advise and assist any local official in establishing
rules and regulations relating to possible conflicts between the private
interests and official duties of present or former elected officials,
local party officials and local officers and employees.
(9)Â
Permit any person who has not been determined by the
Town Board to hold a policy-making position but who is otherwise required
to file a financial disclosure statement to request an exemption from
such requirement in accordance with the rules and regulations governing
such exemptions. Such rules and regulations shall provide for exemptions
to be granted either on the application of the individual or on behalf
of persons who share the same job title or employment classification
which the Board of Ethics deems to be comparable for purposes of this
section. Such rules and regulations may permit the granting of an
exemption where, in the discretion of the Board of Ethics, the public
interest does not require disclosure and the applicant's duties do
not involve the negotiation, authorization or approval of.
(a)Â
Contracts, leases, franchises, revocable consents,
concessions, variances, special permits or licenses as defined in
§ 73 of the Public Officers Law.
(b)Â
The purchase, sale, rental or lease of real
property, goods or services or a contract therefor.
(c)Â
The obtaining of grants of money or loans.
(d)Â
The adoption or repeal of any rule or regulation
having the force and effect of law.
(10)Â
Prepare an annual report to the Supervisor and the
Town Board summarizing the activities of the Board of Ethics and recommending
changes in the laws governing the conduct of local elected officials
and officers and employees of the town covered by this article.
(11)Â
Act as a repository for completed financial disclosure
forms filed pursuant to this article.
B.Â
Upon certification of a question by the Town Board
to the Ethics Board, the Board may determine a question common to
a class or defined category of persons or items of information required
to be disclosed where determination of the question will prevent undue
repetition of requests for exemption or deletion or will prevent undue
complication in complying with the requirements of this article.
C.Â
The Board of Ethics shall inspect all financial disclosure
statements filed with the Board of Ethics to ascertain whether any
person subject to the reporting requirements of this article, the
Code of Ethics or any local law, ordinance or resolution has failed
to file such a statement, has filed a deficient statement or has filed
a statement which reveals a possible violation of this article, the
Code of Ethics or any law, ordinance or resolution of the Town of
Cheektowaga.
D.Â
The Board of Ethics shall have all necessary authority
to enforce the filing requirements of this article, including the
authority to promulgate such rules and regulations as the Board of
Ethics determines are necessary to implement this article. The Board
of Ethics shall be authorized to review requests for exceptions with
respect to complying with timely filing of such disclosure statements
due to justifiable cause or undue hardship.
E.Â
The Board of Ethics shall have the power to retain
or hire legal counsel to advise it on any matter arising under this
article.
If a person required to file a financial disclosure
statement with the Board of Ethics has failed to file a disclosure
statement or has filed a deficient statement, the Board of Ethics
shall notify the reporting person, in writing, shall state the failure
to file or detail the deficiency, shall provide the person with a
fifteen-day period to cure the deficiency and shall advise the person
of the penalties for failure to comply with the reporting requirements.
Such notice shall be confidential. If the person fails to make such
filing or fails to cure the deficiency within the specified time period,
the Board of Ethics shall send a notice of delinquency to the reporting
person and to the appointing authority for such person.
A.Â
If a reporting person has filed a statement which
reveals a possible violation of the duly adopted Code of Ethics of
the Town of Cheektowaga, or of any local law, ordinance or resolution
or if the Board of Ethics receives a sworn complaint alleging such
a violation or if the Board of Ethics determines, on its own initiative,
to investigate a possible violation, the Board of Ethics shall notify
the reporting person, in writing, shall describe the possible or alleged
violation of such Code of Ethics, local law, ordinance or resolution
or of this article and shall provide the person with a fifteen-day
period in which to submit a written response setting forth information
relating to the activities cited as a possible or alleged violation
of law. If the Board of Ethics thereafter makes a determination that
further inquiry is justified, it shall give the reporting person an
opportunity to be heard. The Board shall also inform the reporting
individual of its rules regarding the conduct of adjudicatory proceedings
and appeals and the due process procedural mechanisms available to
such individual. If the Board determines, at any stage of the proceeding,
that there is no violation or that any potential conflict of interest
violation has been rectified, it shall so advise the reporting person
and the complainant, if any. All of the foregoing proceedings shall
be confidential.
B.Â
If the Board determines that there is reasonable cause
to believe that a violation has occurred, it shall send a notice of
reasonable cause to the reporting person, to the complainant, if any,
and to the Town Board of the Town of Cheektowaga.
A reporting individual who knowingly and willfully
fails to file an annual statement of financial disclosure or who knowingly
and willfully, with intent to deceive, makes a false statement or
gives information which such individual knows to be false on such
statement of financial disclosure filed pursuant to this article shall
be assessed a civil penalty in an amount not to exceed $10,000. Assessment
of a civil penalty hereunder shall be made by the Board of Ethics
with respect to the persons subject to its jurisdiction. For a violation
of this article, other than for conduct which constitutes a violation
of Subdivision 12 of § 73 of the Public Officers Law, the
Board of Ethics may, in lieu of a civil penalty, refer a violation
to the appropriate prosecutor and upon such conviction, but only after
such referral, such violation shall be punishable as a Class A misdemeanor.
A civil penalty for false filing may not be imposed hereunder in the
event a category of value or amount reported hereunder is incorrect,
unless such reported information is falsely understated. Notwithstanding
any other provision of law to the contrary, no other penalty, civil
or criminal, may be imposed for a failure to file or for a false filing
of such statement, except that the Town Board of the Town of Cheektowaga
may impose disciplinary action as otherwise provided by law. The Board
of Ethics shall be deemed to be an agency within the meaning of Article
3 of the State Administrative Procedure Act and shall adopt rules
governing the conduct of adjudicatory proceedings and appeals relating
to the assessment of civil penalties herein authorized. Such rules,
which shall not be subject to the approval requirements of the State
Administrative Procedure Act, shall provide for due process procedural
mechanisms substantially similar to those set forth in such Article
3, but such mechanisms need not be identical in terms or scope. Assessment
of a civil penalty shall be final unless modified, suspended or vacated
within 30 days of imposition, with respect to the assessment of such
penalty, and upon becoming final, shall be subject to review at the
instance of the affected reporting individuals in a proceeding commenced
against the Board of Ethics, pursuant to Article 78 of the Civil Practice
Law and Rules.
A copy of any notice of delinquency or notice
of reasonable cause sent pursuant to this article shall be included
in the reporting person's file and shall be available for public inspection.
Upon written request from any person who is
subject to the jurisdiction of the Board of Ethics, the Board of Ethics
shall render advisory opinions on the requirements of said provisions.
An opinion rendered by the Board of Ethics, until and unless amended
or revoked, shall be binding on the Board of Ethics in any subsequent
proceeding concerning the person who requested the opinion and who
acted in good faith, unless material facts were omitted or misstated
by the person in the request for an opinion. Such opinion may also
be relied upon by such person and may be introduced and shall be a
defense in any criminal or civil action. Such requests shall be confidential,
but the Board of Ethics may publish such opinions, provided that the
name of the requesting person and other identifying details shall
not be included in the publication.
In addition to any other powers and duties specified
by this article, the Board of Ethics shall have the power and duty
to:
A.Â
Administer and enforce all the provisions of this
article.
B.Â
Conduct any investigation necessary to carry out the
provisions of this article. Pursuant to this power and duty, the Board
may administer oaths or affirmations, subpoena witnesses, compel their
attendance and require the production of any books or records which
it may deem relevant or material.
[Amended 1-24-2023 by L.L. No. 1-2023]
Notwithstanding the provisions of Article 7 of the Public Officers
Law, all meetings or proceedings of the Board of Ethics shall be open
to the public, except if expressly provided otherwise by Public Officers
Law Article 7, Open Meetings Law.
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.
The Board of Ethics shall be empowered to request
support staff and assistance from the Town Board or Supervisor in
furtherance of its duties and responsibilities.
Upon the adoption of this article, the Town
Coordinator of Employee Relations shall cause a copy thereof to be
distributed to every individual required to file an annual statement
of financial disclosure. Failure to distribute such copy or failure
of any town employee to receive such copy shall have no effect on
the duty of compliance with this article nor on the enforcement of
the provisions hereof. The Town Coordinator of Employee Relations
shall further cause a copy of this article to be kept posted conspicuously
on the signboard maintained by the Town Clerk in the Town Hall. Failure
to post this article shall have no effect on the duty of compliance
herewith nor on the enforcement provisions hereof.
Within 30 days of the adoption of this article,
the Town Clerk shall file a copy thereof in the Comptroller's Office
of the State of New York, addressed to Michael E. Kupterman, Office
of the State Comptroller, Legal Services, 6th Floor, Alfred E. Smith
State Office Building, Albany, New York 12236.
The Town Board may appropriate moneys from the
general town funds for the maintenance of and for personal services
to the Board of Ethics established hereunder, but such Board of Ethics
may not commit expenditures of town moneys except within the appropriations
provided herein.
[Added 1-24-2023 by L.L. No. 1-2023[1]]
A.Â
No Town officer or employee, either individually or as a member of
a board, may participate in any decision specifically to appoint,
hire, promote, discipline or discharge a relative for any position
at, for or within the Town of Cheektowaga.
B.Â
No Town officer or employee may directly supervise a relative in
the performance of the relative's official powers or duties.
C.Â
For purposes of this policy, the term "relative" shall be defined
as a Town officer's or employee's spouse, parents, children,
sister, brother, grandparents, grandchildren, father-in-law, mother-in-law,
sister-in-law, brother-in-law, daughter-in-law, son-in-law or stepparents
[or anyone residing (i.e., domiciled) in the Town officer's or
employee's household].
D.Â
Exceptions: The Town Board may waive the application of this policy
to a particular circumstance if the Town Board legislatively determines
that the application of the policy is not in the best interests of
the Town, and the Town Board, by a vote of no less than five members
of the Town Board, by resolution approves such waiver and identifies
in such resolution the specific relationship at issue and the detailed
basis for granting such waiver.
If any clause, sentence, paragraph, section
or part of this article shall be adjudicated by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be continued in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
This article shall become effective upon filing
with the Secretary of State.
