[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck as indicated in article histories. Subsequent amendments
noted where applicable.]
[Adopted 7-8-1970 by L.L. No. 3-1970;
amended in its entirety 4-3-1991 by L.L. No. 2-1991 (Ch. 24 of the 1975
Code)]
The Town Board of the Town of Mamaroneck recognizes
that there are state statutory provisions mandating Towns to codify
rules and standards of ethical conduct for employees and persons engaged
in business with the Town which, when implemented and adhered to,
will further enhance public confidence in local government. It is
the purpose of this article to comply with state law, to create a
Board of Ethics, to establish standards of conduct for employees,
to prescribe certain disclosure by employees and persons engaged in
business with the Town and to set forth functions of the Board of
Ethics.
The standards, prohibited acts and procedures
established by this article are promulgated in addition to any provisions
prescribed by the State of New York and administrative rulings, common
law rules and judicial decisions relating to the conduct of employees
and not in derogation thereof.
[Amended 7-2-1997 by L.L. No. 9-1997; 4-22-2003 by L.L. No.
12-2003]
A majority of the members of the Board of Ethics
shall be persons other than Town employees but shall include only
one member who is an elected or appointed Town employee. There shall
be no more than three members who are enrolled in the same political
party as defined in the Election Law of the State of New York.
For the purpose of this article, the terms used
herein are defined as follows:
Each officer, volunteer or employee of the Town of Mamaroneck,
whether paid or unpaid, whether elected or appointed, whether serving
in a full-time, probationary or permanent part-time or advisory capacity.
Volunteers whose responsibilities do not give rise to possible violations
of these rules shall not be considered "employees" for the purpose
of this article. The Town Board shall determine which volunteers shall
be considered "employees" for this purpose.
[Amended 3-20-2019 by L.L. No. 2-2019]
The following positions entail potential conflicts of interest
and are deemed to be sensitive positions:
[Amended 6-21-2000 by L.L. No. 8-2000; 10-16-2002 by L.L. No.
9-2002; 11-20-2002 by L.L. No. 11-2002; 12-20-2005 by L.L. No.
18-2005; 11-3-2010 by L.L. No. 8-2010; 1-18-2012 by L.L. No.
1-2012; 12-16-2015 by L.L. No. 10-2015]
Ambulance District Administrator.
Assessor.
Assistant Building Inspector.
Assistant to the Town Administrator.
Assistant Town Administrator.
Assistant Town Superintendent of Highways.
Building Inspector.
Confidential Secretary to the Town Supervisor.
Consulting Engineer.
Court Clerk.
Deputy Fire Chief.
Deputy Town Administrator.
[Added 3-20-2019 by L.L. No. 2-2019[1]]
Deputy Town Assessor.
Deputy Town Comptroller.
Deputy Receiver of Taxes.
Deputy Town Supervisor.
Deputy Town Clerk.
Director of Building Code Enforcement and Land Use Administration.
Director, Section 8 Rental Assistance Program.
Environmental Coordinator.
Environmental Planner.
Fire Chief.
Fire Inspector.
General Foreman.
Junior Civil Engineer.
Police Chief.
Real Property Appraiser.
Receiver of Taxes.
Record Officer/Police Department.
Senior Civil Engineer.
Senior Engineering Aide.
Senior Typist/Police Department.
Superintendent of Highways.
Superintendent of Recreation.
Technical Support Specialist (aka IT Director and Webmaster).
Town Administrator.
Town Clerk.
Town Comptroller.
Town Engineer.
Town Justice.
Town Prosecutor.
Any board, commission, district, council, court or other
agency, department, unit or subdivision of the government of the Town
of Mamaroneck.
Each employee shall endeavor to pursue a course
of conduct that will avoid not only an actual conflict of interest
but also the appearance of a conflict of interest, and each employee
shall avoid engaging in any acts that would violate his/her public
trust.
A.
Conflicts of interest.
(1)
No employee shall have any interest, financial or
otherwise, direct or indirect, or engage in any business, service,
transaction or professional activity or incur any obligation of any
nature that is or might reasonably appear to be in conflict with the
proper and impartial discharge of his/her public duties.
(2)
No employee shall engage in any transaction as a representative
or agent of the Town with any business entity in which he/she has
a direct or indirect interest, financial or otherwise, if such transaction
will conflict or would reasonably appear to conflict with the proper
and impartial discharge of his/her public duties.
(3)
No employee shall solicit, negotiate for, accept or
promise to accept employment by any person, firm or corporation with
which the employee or his/her department is engaged in the transaction
of business on behalf of the Town and which might reasonably appear
to affect or impair his/her independence of judgment in the exercise
of official duties.
(4)
Notwithstanding any other provision of this article, a) an employee
may be compensated by the Town for services which the employee performs
for the Town; and b) a business, by which the employee is employed
or in which the employee or his/her spouse, parent or child has an
interest, may be compensated by the Town for services which such business
performs for the Town; provided that such employee or business follows
the protocols contained in the Town's Administrative Manual promulgated
by the Town Administrator. For the purpose of the preceding sentence,
the term "Town" includes the Town's departments, boards, commissions,
authorities and agencies.
[Added 1-18-2012 by L.L. No. 1-2012]
B.
Improper conduct.
(1)
No employee shall, except in the performance of his/her
duties, use or attempt to use his/her official position to secure
or deny privileges, benefits or exemptions for himself/herself or
others nor shall an employee act so that a reasonable person might
conclude that the employee intended to use his/her official position
to secure or deny privileges, benefits or exemptions for himself/herself
or others or that any person could improperly influence him/her in
the performance of his/her official duties by offering the employee
a privilege, benefit or exemption.
(2)
No employee, in the performance of his/her official
duties, shall give any special consideration, treatment, favor or
advantage to any citizen beyond that which is available to every other
citizen.
C.
Treatment of confidential information.
(1)
No employee shall disclose confidential information
acquired by him/her in the course of performing his/her public duties
or use such information to further his/her private interests or the
private interests of any other person or entity.
(2)
No employee shall accept employment or engage in any
business or professional activity that will require him to disclose
confidential information that he/she has gained by reason of his/her
official position or authority.
D.
Use of Town property or employees.
(1)
No employee shall direct or cause any other employee
to do or perform any service or work within the hours of employment
by the Town where the service or work is outside the scope of his/her
official duties or employment for the Town nor shall any Town employee
perform such service or work.
(2)
No employee shall request or permit the use of Town-owned
vehicles, equipment, materials or property for his/her own personal
convenience or profit other than for the use of the employee in the
conduct of his/her official duties.
E.
Solicitation or acceptance of gifts and favors. No
employee shall solicit or accept any gift, favor or other thing of
value, irrespective of form, either directly or indirectly, from any
person, firm or corporation which the employee has a reasonable basis
to believe is interested, directly or indirectly, in any matter or
business dealing with the Town and under circumstances in which a
reasonable person could infer that the gift or favor was intended
to influence the employee in the performance of his/her official duties.
F.
Prohibited political activities. No paid employee
or employee in a sensitive position shall solicit, directly or indirectly,
any contribution of money, property or service for any Town political
organization, campaign or candidate from a paid, nonelected employee.
No paid, nonelected employee shall make any such contribution.
G.
Representation of private interests before the Town.
No employee in a sensitive position shall represent an interest in
a matter, either in support or in opposition, that is pending before
the Town nor shall an employee in a sensitive position represent any
party other than the Town in litigation in which the Town is a party.
In this subsection, the term "employee" shall include any partner
or employee of a partnership or shareholder or employee of a personal
service corporation which represents such interest. Nothing contained
herein shall be construed as prohibiting an employee from appearing
before the Zoning Board on an application for a variance concerning
his/her personal residence or from participating as a litigant against
the Town.
H.
Future employment. No employee, after the termination
of his/her public service to the Town, may represent a party or appear
before the Town in connection with any matter, case or application
in which he/she personally participated during the period of his/her
Town service or which was pending or under consideration in the department
in which the employee worked at the time of his/her Town service and
of which the Town employee had personal knowledge. Employees in sensitive
positions may not appear before any authority, board, commission or
committee of the Town or the Justice Court of the Town on behalf of
anyone, other than the employee himself/herself or a member of that
employee’s family, during the first 12 months after the employee
no longer holds a sensitive position with the Town. In this subsection,
the term "employee" shall include any partner or employee of a partnership
or shareholder or an employee of a personal service corporation which
represents such party or appears in such matter. This provision does
not apply to investigations by the Town or court actions for which
the employee might be asked to serve as a witness regarding actions
during his/her Town service.
[Amended 4-13-2005 by L.L. No. 4-2005]
I.
Violations.
[Amended 1-18-2012 by L.L. No. 1-2012]
(1)
A charge
for violating a provision of this article shall be brought by the
Town Administrator. If the charge is against the Town Administrator,
such charge shall be brought by the Supervisor.
(2)
For
employees entitled to be disciplined pursuant to the New York Civil
Service Law, a charge for violating a provision of this article shall
be adjudicated in accordance with the New York Civil Service Law.
All other such charges shall be heard by a person appointed by the
Town Board who shall report his/her findings to the Town Board.
(3)
If the
person conducting the hearing finds that the person charged violated
a provision of this article, that person shall recommend a form of
punishment which may be: i) a reprimand; ii) a fine not to exceed
$100; iii) suspension, without pay, for a period not to exceed two
months; iv) demotion in grade and title; or v) dismissal from service.
Based upon the record developed at the hearing, the Town Board may
accept, reject or modify the hearing officer's findings of fact and
conclusion as to whether the person charged violated a provision of
this article. If the Town Board finds that the person charged did
violate a provision of this article, it either: i) shall impose the
punishment recommended by the hearing officer; or ii) shall impose
one of the other possible disciplines listed above.
A.
Each employee in a sensitive position, on or before
January 31 of each year, or if not in such a position on that date,
then within 30 days after assuming such a position, and any employee
requested at any time by the Board of Ethics to file a disclosure
statement shall file a disclosure statement setting forth his/her
property ownership in the Town and such information as to his/her
employment and financial interests as may be set forth in a form prescribed
by the Board of Ethics. The information requested of an employee may
also include information about the employee's spouse or other person
to whom the employee is related or with whom the employee has a business
or financial relationship. Such form shall be filed with the Town
Clerk's office and shall be available for inspection by all persons
upon written request. Further information shall be filed by an employee
in a sensitive position when reasonably requested by the Board of
Ethics at any time. The employee shall promptly file a report of any
change as to the information previously filed.
B.
On or before the date set forth in § 17-6A, each employee shall also file a statement on the form prescribed by the Board of Ethics stating that he/she has read the Code of Ethics and has not knowingly or willfully violated the Code of Ethics.
[Amended 7-2-1997 by L.L. No. 10-1997]
C.
Any employee who has a direct or indirect financial
or other interest in any matter before the Town Board and who participates
in any discussion before or makes a recommendation to or gives an
opinion to the Town Board on that matter shall publicly disclose on
the official record the nature and extent of such interest.
D.
Refusal by an employee to file a disclosure statement
may be grounds for dismissal from employment or for other disciplinary
action.
E.
Persons seeking to do business with the Town or engaged
in business with the Town must inform the Town, in writing, about
any contribution of money, property or service to any Town political
organization, campaign or candidate. Failure of a person making such
a contribution to inform the Town about it will be grounds for the
Town's turning down a proposal for business or terminating existing
business with such person.
A.
Disclosure procedure.
(1)
Review of disclosure statements. The Board of Ethics
shall review all employee disclosure statements. It shall consider
possible conflicts of interest and render advisory opinions to the
Town Board where conflicts of interest may exist.
(2)
Notification. An employee shall be notified by mail
if the Board of Ethics requires clarification or has questions about
his/her disclosure statement or intends to render an opinion that
a conflict of interest may exist. The employee shall have an opportunity
to file a written responses to such communication prior to the Board
of Ethics' reporting a possible conflict of interest.
(3)
Personal conference. A personal conference with an
employee shall be held if requested by the employee or by the Board
of Ethics.
B.
Advisory opinions.
(1)
The Board of Ethics shall render advisory opinions
to employees upon their written request and to the Town Board upon
its written request.
(2)
An advisory opinion rendered at the request of an
employee asking about a possible, prospective action or situation
shall be confidential, and the identity of the employee shall not
be disclosed if no action is taken by the employee in apparent violation
of the code.
(3)
An advisory opinion rendered at the request of the
Town Board shall be filed with the Town Board.
C.
Violations. The Board of Ethics shall refer apparent
violations to the Counsel to the Town for appropriate action.
D.
Request for opinion of the Counsel to the Town. The
Board of Ethics may consult with and request the opinion of the Counsel
to the Town.
E.
Recommendations. Upon request of the Town Board, the
Board of Ethics shall make recommendations to the Town Board as to
any amendments of this article.
F.
Referral. The Board of Ethics may refer any matter
within its jurisdiction to the County Ethics Board.
G.
Rules and regulations. The Board of Ethics, upon its
formation, shall promulgate its own rules and regulations as to its
form and procedures, shall maintain appropriate records of its opinions
and proceedings and shall make such reports as it believes useful.
[Amended 11-3-2010 by L.L. No. 8-2010]
The Town Supervisor shall cause a copy of this
article to be distributed to every Town employee. Each employee shall
acknowledge receipt of a copy of this article and affirm that his/her
compliance with its provisions is a condition of his/her employment
or elected position. The failure to distribute a copy of this article
to any employee shall not relieve that or any other employee from
complying with this article. Nor shall such failure curtail or limit
the Town’s ability to enforce the provisions of this article.
The Town Clerk shall post a copy of this article conspicuously on
the sign board which the Town Clerk is required to affix on or near
the main entrance to the Town Clerk’s office. The failure to
post this article shall have no effect on any employee’s duty
to comply with this article nor curtail or limit the Town’s
ability to enforce its provisions.
Within 30 days of the adoption of this article,
the Town Clerk shall file a copy thereof in the office of the State
Comptroller.
The Town Board may appropriate necessary moneys
from the general Town funds for the maintenance of and for the personnel
services to the Board of Ethics established hereunder. The Board of
Ethics may not, however, commit the expenditure of Town moneys except
within the appropriations provided by the Town Board.
[Adopted 7-16-1986]
|
DISCLOSURE STATEMENT
pursuant to
Code of Ethics of the Town of Mamaroneck
| ||
|
(TO BE SIGNED BY EMPLOYEES LISTED
IN § 17-4 AND BY OTHERS REQUESTED
TO DO SO BY THE TOWN ADMINISTRATOR.)
| ||
|
I, _________________________________, holding
the position of __________________, within the Town of Mamaroneck,
hereby make this statement in accordance with the provisions of the
Ethics Code of the Town of Mamaroneck.
| ||
|
1.
|
I do not nor does a member of my immediate family
nor, to my knowledge, does a close business associate own any real
property within the Town of Mamaroneck other than a family residence
except as follows: (If property other than a family residence is owned,
I am listing the owner, the location of any such property owned, whether
it is improved or unimproved, and if it is unimproved, whether it
is residential or commercial.)
| |
|
2.
|
I list below the name and address of any partnership,
corporation, joint venture or similar commercial enterprise which
I or a member of my immediate family or, to my knowledge, a close
business associate is a partner, officer, senior executive or shareholder,
excluding any corporation, partnership or other business venture in
which I, such family member or business associate have less than a
five-percent interest:
| |
|
3.
|
I am listing any other holding, association,
position or business enterprise which I believe might in any way create
a conflict of interest with regard to my duties for the Town:
| |
|
............
Witness:
............
| ||
