[HISTORY: Adopted by the Town Board of the Town of Milton 8-4-2010 by L.L. No.
1-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 38.
[1]
Editor's Note: This local law also repealed former Ch.
14, Ethics, Code of, adopted 2-23-1990 by L.L. No. 1-1990, as amended.
This chapter shall be known as the "Code of Ethics of the Town
of Milton."
A.Â
Purposes. The proper operation of a Town government requires that
its officers and employees be independent, impartial, and accountable
to the people: that government decisions and policy be made in the
proper channels of the governmental structure; that the public office
not be used for personal gain; that the public officers and employees
observe in their official acts the highest standards of ethics and
discharge faithfully the duties of their public office regardless
of personal consideration. All officers and employees shall conduct
themselves in a professional and respectable manner towards the public
and one another. Realizing what is legal is not necessarily ethical;
it is the policy of the Town of Milton and the purpose of this chapter
to establish standards and guidelines for the ethical conduct of officers
and employees. Though assurance of such conduct will continue to rest
primarily on personal integrity and community vigilance, the establishment
of standards is another step toward providing the highest caliber
of public administration for the Town and ensuring that government
decisions are arrived at impartially and free of conflict of interest;
thereby increasing confidence in public officials. It is also the
purpose of this chapter to protect officials and employees from unwarranted
accusations that impugn their integrity by distinguishing material
conflicts of interest from those that are inconsequential, recognizing
that for local government to attract and hold competent and professional
public servants, public service must not require a complete divesting
of all proprietary interests. In recognition of these goals, there
is hereby established a Code of Ethics for all officers and employees
of the Town of Milton. In the event of any conflict or inconsistency
between the provisions of this code and the provisions of Article
18 of the General Municipal Law, this code shall prevail, except that
nothing in this code shall authorize conduct otherwise prohibited
by Article 18 of the General Municipal Law.
B.Â
Applicability. This Code of Ethics is enacted pursuant to § 806
of the General Municipal Law and § 10 of the Municipal Home
Rule Law. Officers and employees of the Town must comply with the
provisions of the Code of Ethics, as well as the conflict of interest
standards prescribed by Article 18 of the General Municipal Law. This
Code of Ethics is in addition to the standards contained in Article
18, and is not intended to authorize any conduct prohibited by Article
18 of the General Municipal Law.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person that receives a salary or wage from the Town of
Milton.
A parent, stepparent, sibling, stepsibling, spouse, child,
stepchild, grandparent, household member, or domestic partner of a
municipal officer or employee, and individuals having any of these
relationships to the spouse of the officer or employee.
A direct or indirect monetary, 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 municipality or an area of the municipality, or a lawful class
of such residents or taxpayers. A municipal officer or employee is
deemed to have an interest in any matter involving:
Any firm, partnership, association of which he or she, his or
her spouse, or a member of his or her household, is an owner, partner,
member, director, officer or employee; and
Any corporation of which any such person is a director, officer
or employee, or directly or indirectly owns or controls more than
5% of the corporation's outstanding stock.
The Town of Milton. The word "municipal" refers to the municipality.
An officer or employee of the Town of Milton.
A person serving as a paid or unpaid official of the Town
of Milton including, but not limited to, elected officers, members
of the municipality's governing board, any of its administrative
boards (e.g., Planning Board, Zoning Board of Appeals), commissions,
committees, agencies, department heads and others who work in a similar
like capacity.
No municipal officer or employee shall exercise or perform his
or her official powers and duties on the basis of family or private
business, nor create an appearance of impropriety by giving the impression
that he or she will exercise or perform his or her official powers
or duties on the basis of any consideration other than the best interests
of the municipality.
A.Â
No
municipal officer or employee may use his or her position to secure
personal or private gain for himself or herself, or for any other
person or any organization. Personal or private gain does not include
payment, benefit or opportunity that is customarily and legally provided
to any of the following groups of people or a lawful class of such
groups:
B.Â
No
municipal officer or employee shall cause the municipality to expend
more money and or Town resources than is reasonably necessary for
transportation, meals or lodging in connection with official travel.
C.Â
This
section does not prohibit a municipal officer or employee from:
(1)Â
Voting to approve the municipality's annual budget;
(2)Â
Receiving lawful compensation for services as a municipal officer
or employee;
(3)Â
Receiving payment or reimbursement for actual and necessary expenses
reasonably incurred in the performance of official duty;
(4)Â
Receiving payments under a lawful municipal contract;
(5)Â
Using municipal personnel, vehicles, equipment, materials, supplies
or property for any municipal business purposes pursuant to law; or
[Amended 12-20-2017 by L.L. No.
4-2017]
(6)Â
Performing a ministerial function that does not require the exercise
of discretion.
An officer or employee of the Town of Milton shall treat all
members of the public, whether a person, firm or corporation, or other
organization without special advantage in carrying out his or her
official duties.
A.Â
Except as otherwise provided by this section, every municipal officer
and employee shall disclose the nature of his or her interest that
is known or should be known to him or her, or the interest of a family
member known or should be known to him or her, in any matter coming
before the Town of Milton or any officer, administrative board, commission
or other agency of the municipality. This section shall not apply
to ministerial matters.
B.Â
For purposes of this section, a "matter coming before" an officer
or employee of the municipality means any decision, issue or question
requiring the exercise of discretion by the individual officer or
employee. A "matter coming before" the Town of Milton, or any administrative
board, commission or other agency of the municipality means a local
law, ordinance, resolution, motion or any other decision, issue or
question requiring a vote of a body of municipal officers.
C.Â
The disclosure required by this section shall be made when the municipal
officer or employee first acquires knowledge of the interest requiring
disclosure. The disclosure shall be made in writing to the Town Clerk
and to the municipal officer or employee, administrative board, commission
or other agency having the power or duty to act in relation to the
matter in which the municipal officer or employee or family member
has the interest.
A.Â
No municipal officer or employee may have or acquire the following
investments:
(1)Â
Personal investments that will be directly affected by the exercise
or performance of the person's official powers and duties; or
(2)Â
Personal investments that would otherwise impair a reasonable person's
independence of judgment in the exercise or performance of his or
her official powers and duties.
B.Â
This section does not prohibit a municipal officer or employee from
acquiring any of the following assets:
A.Â
No municipal officer or employee may accept employment or engage
in any business or professional activity which:
(1)Â
Impairs the person's independence of judgment in the exercise
or performance of his or her official powers and duties;
(2)Â
Is likely to require disclosure or use of confidential information
gained by reason of serving as a municipal officer or employee; or
(3)Â
Requires representation of a person or organization other than the
municipality in connection with litigation, negotiations or any other
matter to which the municipality is a party.
B.Â
No municipal officer or employee may in a private capacity represent
another person or organization before the Town of Milton, or any officer,
administrative board, commission or other agency of the municipality;
C.Â
This section does not prohibit a municipal officer or employee from:
(1)Â
Representing him or herself, or his or her spouse or minor children,
before the Town of Milton, or any officer, administrative board, commission
or other agency of the municipality, in connection with any personal
matter that does not arise from or involve a business, commercial
or professional activity;
(2)Â
Asserting a claim against the municipality on his or her own behalf,
or on behalf of his or her spouse or minor children, in connection
with any personal matter that does not arise from or involve a business,
commercial or professional activity.
A.Â
For a period of one year after leaving Town service, a former officer
or employee shall not communicate with his or her former municipal
agency, except on his or her own behalf, and shall never accept anything
of value to work on any particular matter that he or she personally
and substantially worked on while in Town service.
B.Â
This section does not prohibit a municipal officer or employee from:
(1)Â
Representing him or herself, or his or her spouse or minor children,
before the Town of Milton, or any officer, administrative board, commission
or other agency of the municipality, in connection with any personal
matter that does not arise from or involve a business, commercial
or professional activity;
(2)Â
Asserting a claim against the municipality on his or her own behalf,
or on behalf of his or her spouse or minor children, in connection
with any personal matter that does not arise from or involve a business,
commercial or professional activity.
C.Â
This section shall not apply to representation or services before
the Town of Milton Justice Courts.
A.Â
Except as otherwise required by law or as provided by this section,
no municipal officer or employee may participate in the discussion
or vote on any matter or exercise or perform any other official powers
or duties in connection with any matter when he or she has an interest
in the matter and knows or should know that a family member or employer
has an interest in the matter.
[Amended 12-20-2017 by L.L. No.
4-2017]
B.Â
In the event that Subsection A of this section prohibits a municipal officer or employee from exercising or performing his or her official powers or duties:
(1)Â
If the person is an officer serving as a member of a body of municipal officers, the power or duty shall be exercised or performed by the other members of the body who are not prohibited by Subsection A from exercising or performing the power or duty;
A.Â
No municipal officer or employee may have an interest in a contract
that is prohibited by § 801 of the General Municipal Law.
B.Â
Every municipal officer and employee shall disclose interests in
contracts with the municipality at the time and in the manner required
by § 803 of the General Municipal Law.
No officer or employee of the Town of Milton may request or
permit the use of Town-owned vehicles, equipment, materials, resources
or property for a non-Town purpose, except when such use:
A.Â
Is available to the public generally and on the same terms as a member
of the public, or
B.Â
Is provided as written Town policy for the use of the officer or
employee in the conduct of official duties.
C.Â
When the Town Board motions and votes to approve a use of Town property
for any purpose deemed appropriate by the Town Board.
[Added 12-20-2017 by L.L. No.
4-2017]
A.Â
No municipal officer or employee may participate in any decision
whether to appoint, hire, promote, discipline or discharge a family
member from any position at, for or within the Town of Milton or an
administrative board, commission or other agency of the municipality.
B.Â
No municipal officer or employee may directly supervise a family
member in the performance of the family member's official powers
or duties.
A.Â
No municipal officer or employee shall directly or indirectly use
his or her official authority to compel or induce another municipal
officer or employee to make or promise to make any political contribution,
whether by gift of money, service or other thing of value.
B.Â
No municipal officer or employee may act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any municipal officer or employee, or an applicant for a position
as a municipal officer or employee, on the basis of the giving or
withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
C.Â
No employee shall engage in political campaign activities during
their official Town of Milton workday.
D.Â
No Town officer or employee shall use Town resources for any political
campaign or political activities.
[Amended 12-20-2017 by L.L. No.
4-2017]
E.Â
No Town officer or employee shall hold any office in a political
party or political organization.
F.Â
No Town officers or Town employees shall serve as a committeeperson
or like position of any political party or political organization.
Nothing contained herein shall prevent those, as of the effective
date of this Code of Ethics, from serving as a committeeperson in
a political party or political organization, or anyone who currently
holds any office in a political party or political organization, including
as a committeeperson, or other like position, from being appointed
to or participating as a member of any Town committee.
[Amended 12-20-2017 by L.L. No.
4-2017]
G.Â
Nothing contained herein shall prevent those Town officers and Town
employees who, as of the effective date of this Code of Ethics, currently
serve as committeepersons, or who currently hold an office in a political
party or political organization, from continuing to do so. Those people
shall be grandfathered in and allowed to remain in their current positions.
However, they shall be prohibited from seeking additional or different
political positions in the future.
No Town officer or employee or former municipal officer or employee
who acquires confidential information in the course of exercising
or performing his or her official powers or duties may disclose or
use such information unless the disclosure or use is required or allowed
by law or in the course of exercising or performing his or her official
powers and duties.
A.Â
Soliciting gifts. No municipal officer or employee may directly or
indirectly solicit any gift from any person, firm or organization
which the officer or employee knows or should know has a matter pending
before the Town or has had a matter pending before the Town during
the previous 12 months or is likely to have a matter pending before
the Town during the following twelve-month period. This shall not
apply to ministerial matters.
B.Â
Per gift. No municipal officer or employee may accept or receive
any gift, or multiple gifts, from the same donor, whether individual,
business, or firm, within a continuous twelve-month period valued
at $75 or more and shall not accept any such gift when:
[Amended 12-20-2017 by L.L. No.
4-2017]
(1)Â
It appears that the gift is intended to influence the officer or
employee in the exercise or performance of his or her official powers
or duties;
(2)Â
The gift could reasonably be expected to influence the officer or
employee in the exercise or performance of his or her official powers
or duties; or
(3)Â
The gift is intended as a reward for any official action on the part
of the officer or employee.
C.Â
Per year. The value of the sum of all gifts accepted by an officer
or employee of the municipality during any continuous twelve-month
period may not exceed $75.
D.Â
For purposes of this section, a "gift" includes anything of value,
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or in any other form. The value of
a gift is the gift's fair market value, determined by the retail
cost of the item or a comparable item. The fair market value of a
ticket entitling the holder to food, refreshments, entertainment,
or any other benefit is the face value of the ticket, or the actual
cost to the donor, whichever is greater. Determination of whether
multiple gifts from a single donor exceed $75 must be made by adding
together the value of all gifts received from the donor by an officer
or employee during the calendar year preceding the receipt of the
most recent gift. A gift does not include a lawful campaign contribution.
E.Â
Gifts related to contracts.
(1)Â
A gift from a person or organization that seeks to contract with
the municipality is presumed to be a gift that is intended to influence
an officer or employee in the exercise or performance of his or her
official powers or duties.
(2)Â
A gift from a person or organization that has a contract with the
municipality, or has had a contract with the municipality during the
preceding 12 months, is presumed to be a gift intended as a reward
for official action.
F.Â
This section does not prohibit:
(1)Â
Gifts made to the municipality;
(2)Â
Gifts from a person with a family or personal relationship with the
officer or employee when the circumstances make it clear that it is
that personal relationship, rather than the recipient's status
as a municipal officer or employee, that is the primary motivating
factor for the gift;
(3)Â
Gifts which are de minimis, reasonable and customary, given on special
occasions, such as marriage, illness, or retirement;
(4)Â
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, notepads, and calendars; or
(5)Â
Awards and plaques having no resale value which are publicly presented
in recognition of service as a municipal officer or employee, or other
service to the community.
A.Â
All Town of Milton Officials and each member of the Town Ethics Board
shall file with the Town Clerk a financial disclosure statement within
30 days after taking office and no later than April 30 of each year
thereafter.
B.Â
Matters to be disclosed on the financial disclosure form:
(1)Â
The official's home address, and the location of any real property
within the Town in which the Town official or spouse has an ownership
or other financial interest.
(2)Â
The name of any partnership, unincorporated association or other
unincorporated business of which the Town official or spouse is an
officer, employee or partner or in which the Town official or spouse
has a proprietary interest and the officer, employee or spouse's
position, if any, with the partnership, association or business, if
any such entity has engaged in within the past 12 months, or is anticipated
to have, any business dealings with the Town.
(3)Â
The name of any corporation of which the Town official or spouse
is an officer or director or employee or in which the Town official
or spouse legally or beneficially owns or controls more than 5% of
the outstanding stock, and any such entity that he or she has engaged
within the past 12 months or with which he or she is anticipated to
have any business dealings with the Town, and the Town official's
and spouse's position, if any, with the corporation.
(4)Â
The name of any persons from whom the Town official or his or her
spouse has derived income in excess of $10,000 whereby such income
was derived from a business dealing with the Town of Milton.
[Amended 3-19-2014 by L.L. No. 1-2014]
A.Â
Membership.
(1)Â
The Board of Ethics shall consist of five members appointed and approved
by a minimum of four members of the Town Board.
(2)Â
There shall be five members of the Ethics Board with members serving
three-year terms. After the completion of a three-year term, each
member may be reappointed for subsequent three-year terms, or for
one-year terms at the Town Board's discretion, if they are in
good standing and with the approval of the Ethics Board and the Town
Board.
[Amended 12-20-2017 by L.L. No.
4-2017[1]]
(3)Â
It is the responsibility of the Milton Town Board to:
(a)Â
Solicit (through public advertisements or otherwise) new applicants
to fill current and upcoming vacancies on the Town of Milton Board
of Ethics (Ethics Board) in a timely manner, as the need arises.
(b)Â
The Town Board will either accept (or reject), at its sole discretion,
the recommendations of the current Ethics Board members, regarding
the appointment of prospective new Ethics Board members to open positions
on the Ethics Board for the Town of Milton.
(c)Â
The Town Board may, at its discretion, delegate the responsibility
to solicit and interview potential candidates, as it so determines.
(4)Â
A quorum for the Board of Ethics is hereby established as three appointed members. At no time will the Board of Ethics act or convene for the purposes of fulfilling the duties and responsibilities outlined in § 14-19, Subsection C, entitled "Powers and duties of the Board of Ethics," without a quorum.
B.Â
Qualification of Board members.
(1)Â
All members of the Board of Ethics must be residents of the municipality.
(2)Â
The members of the Board of Ethics should be qualified by temperament
and experience to carry out the duties and responsibilities of the
Board.
(3)Â
No member of the Board of Ethics shall be a political committeeperson,
or hold office in a partisan political organization, or hold elective
office in the Town of Milton. An Ethics Board member may make campaign
contributions and vote, but not otherwise participate in any Town
of Milton election campaign. Nothing in this section shall prohibit
a member of the Ethics Board from being selected to sit on any appointed
or unpaid Town committees.
[Amended 12-20-2017 by L.L. No.
4-2017]
(4)Â
Not more than three members of the Board of Ethics may be members
of the same political party.
(5)Â
No officer or employee of the Town of Milton is eligible to serve
on the Board of Ethics.
(6)Â
All candidates seeking appointment to the Board of Ethics must agree
to:
(a)Â
Maintain an email account which they agree to monitor at least
once per week during their appointed term of office.
(b)Â
Respond to requests for communication from the Ethics Board
members and the Town Board within 48 hours of actually receiving a
communication during their appointed term of office. Exceptions may
be made for vacations, illness, family emergencies, extended leave
of absence (when the Ethics Board is notified in advance), acts of
God, and other actual emergencies.
(c)Â
Submit a typed application/resume for a seat on the Town of
Milton Ethics Board in a sealed envelope to the Town of Milton marked
"Attention: Ethics Board."
(d)Â
Sit for an in-person interview with the current Ethics Board
members.
(e)Â
Disclose any prior felony or misdemeanor convictions, and any
current pending criminal charges or otherwise consent to and authorize
a background check.
(f)Â
Maintain primary physical residence in the Town of Milton for
no less than nine months of any year in which appointed to the Board
of Ethics.
(g)Â
Be of sound mind, even temperament, and good character.
(h)Â
Be able to fulfill the duties of the office and be willing and
able to serve out the proposed term of office for the Ethics Board
seat that he/she is seeking to fulfill.
(i)Â
Have no clear and present significant conflicts of interest.
(7)Â
The minimum age for applicants to the Ethics Board is 21 years of
age at the time of appointment.
(8)Â
Applicants with prior military service must provide a copy of their
DD Form 214 to the Board of Ethics for review, either prior to or
during the interview process. This form should be redacted to obscure
personally identifying information with the exception of their name.
The circumstances surrounding discharges that are other than honorable
which are accompanied by supporting documentation will be considered
for eligibility, however, as a general rule, any such applicant would
be expected to have an honorable discharge from any military service
branch. At no time will an applicant with a dishonorable discharge
from military service be considered for Ethics Board membership.
(9)Â
All the applicants must be citizens of the United States of America
either by birth or by naturalization.
(10)Â
No person or proprietor of a business who stands to gain financially
through reoccurring commerce or business relations with the Town of
Milton is eligible to serve on the Board of Ethics. Any past financial
transactions or connections between (or involving) the applicant (or
any immediate family member) and the Town of Milton within the past
two years at the time of application must be fully disclosed and described
in writing at the time of the interview.
(11)Â
New applicants to the Ethics Board are required to complete
an in-person interview before a quorum of current Ethics Board members.
All current members of the Ethics Board will be invited to participate
in the interview.
C.Â
Powers and duties of the Board of Ethics:
(1)Â
The Board of Ethics shall select its own Chairperson from within
the Board for a one-year term and appoint such staff as necessary
to carry out its duties under this chapter and to delegate authority
to the Chairperson, if any, to act in the name of the Board between
meetings of the Board, provided that the delegation is in writing
and the specific powers to be delegated are enumerated, and further
provided that the Board may not delegate the power to conduct hearings,
determine violations, recommend disciplinary action, impose civil
fines, refer any matter to a prosecutor or render advisory opinions.
(2)Â
To prescribe and promulgate rules and regulations governing its own
internal organization and procedures in a manner not inconsistent
with this section or any state or federal law.
(3)Â
To review lists of municipal officials and disclosure statements pursuant to § 14-18 of the Milton Code of Ethics.
(7)Â
To provide ethics training and education to Town officers and employees
on the provisions of the Milton Code of Ethics and Article 18 of the
General Municipal Law.
(8)Â
The Ethics Board of the Town of Milton may act only with respect
to officers and employees of the municipality and persons having business
dealings with the municipality. The termination of a Town officer's
or employee's term of office or employment with the Town shall
not affect the jurisdiction of the Town Ethics Board with respect
to requirements imposed by this chapter on current and former Town
officers or employees to the extent permitted by law.
(9)Â
The Town Ethics Board may refer any matter within its jurisdiction
to the County Ethics Board in its discretion.
(10)Â
A member of the Board of Ethics may be removed from office by
a minimum of four votes of the Town Board for failure to fulfill the
duties of the office or for violation of this chapter. The Town Board
must give the Board member written notice and an opportunity to reply.
(11)Â
The Ethics Board must prepare an annual report to the Town Board
on its activities and further recommend changes to the Town Ethics
Law, where appropriate.
(12)Â
Where necessary and indicated, the Ethics Board will retain
and utilize either in-house legal counsel, or, when required, will
request permission from the Town Board to retain outside legal counsel.
In-house legal counsel is to be utilized whenever possible.
(13)Â
Any formal communications from the Board of Ethics to the Town
Board shall be in written form. Any majority opinions/recommendations
issued by the Board of Ethics will require the signatures of a majority
of the members of the Board of Ethics. While not required, a dissenting
opinion/recommendation may be written, signed and attached to the
majority opinion/recommendation, if the members in the minority so
choose.
D.Â
Removal of appointed Ethics Board members.
(1)Â
Appointed members of the Board of Ethics may voluntarily vacate or
be removed from their appointed office in the following ways:
(a)Â
Upon submission of a letter of resignation to the Town of Milton
Board.
(c)Â
By being found in violation of the Code of Ethics and being
subsequently removed from office by the Town Board.
(d)Â
By receiving a unanimous vote of no confidence from the remaining
members of the Board of Ethics, and being subsequently removed from
office by the Town Board.
(2)Â
A vote of no confidence regarding a member of the Board of Ethics may be called for by any member of the Ethics Board. A vote of no confidence may only be made if the member in question has refused to resign from their appointed term as defined by § 14-19, Subsection D, entitled "Removal of appointed Ethics Board members." Additionally, a vote of no confidence may be made if the member in question has demonstrated a violation of his/her duties and responsibilities, or if he/she no longer qualifies for membership as defined by § 14-19.
[Amended 3-19-2014 by L.L. No. 1-2014]
A.Â
Upon receipt of a form duly sworn by the person requesting an investigation
of an alleged violation of this chapter or upon the Board determining
on its own initiative that a violation of this chapter may exist,
the Ethics Board shall have the power and duty to conduct any investigation
necessary to carry out the provisions of this section. In conducting
any such investigation, the Board may administer oaths or affirmations,
subpoena witnesses and compel their attendance and require the production
of any books or records which it may deem relevant or material. The
form to be utilized in requesting an investigation of an alleged violation
of this chapter shall be the form available in the office of the Town
Clerk.
B.Â
The Town Ethics Board investigation shall be confidential until such
time that a final determination of the Town Ethics Board has been
made. Thereafter, the Town Ethics Board shall state in writing its
disposition of every sworn complaint it receives and of every investigation
it conducts, and shall set forth the reasons for the disposition to
the Town Board. Any findings of violations of this chapter or other
applicable law shall be served upon the subject of the investigation
within seven days of such service of any findings of violations of
this chapter, and violations shall be made a public record and shall
be indexed and maintained on file by the Town Clerk.
C.Â
All employees of the Town of Milton and all officials (whether paid
or unpaid) are required to fully cooperate with the reasonable requests
of the Town of Milton Ethics Board during all formal ongoing investigations.
Notwithstanding the above requirement, the following conditions will
also apply:
(1)Â
The Ethics Board shall advise the employee or officer of their right
to confer with or obtain outside legal (or other) counsel. No individual
shall be denied his/her right to obtain and to utilize outside legal
(or other) counsel. A reasonable period of time will be provided to
retain outside counsel (as a general rule, no less than 30 calendar
days).
[Amended 12-20-2017 by L.L. No.
4-2017]
(2)Â
Any individual questioned in connection with any investigation will
be advised whether or not he/she is a target/subject of that investigation
as soon as possible.
(3)Â
During an investigation, the subject(s) of investigation will be
advised of the accusations or charges against him/her in a timely
manner.
A.Â
In its discretion, and after a hearing in accordance with Article
3 of the State Administrative Procedure Act (SAPA) and subject to
§ 75 of the Civil Service Law and any collective bargaining
agreements, to the extent practicable, the Town Ethics Board may publicly
recommend appropriate disciplinary action, which may include a written
warning or reprimand, forfeiture of accrued leave with pay, required
attendance at ethics training seminars, suspension, or termination
of employment, to the authority, or person, or body authorized by
law to impose such sanctions.
B.Â
The Ethics Board shall conduct and complete the hearing with reasonable
promptness, and shall not act without notice and opportunity to be
heard, and shall observe appropriate due process.
A.Â
The Board of Ethics shall render confidential advisory opinions only
to officers and employees of the Town of Milton with respect to Article
18 of the General Municipal Law and this Code of Ethics. Officers
and employees of the municipality are encouraged to seek advisory
opinions whenever they are uncertain whether their conduct may violate
the Code of Ethics.
B.Â
The Board of Ethics will prepare an advisory opinion based on a thorough
review of the facts and applicable law. The Board's opinion is
to be based primarily on the facts presented in the request or subsequently
submitted in a written signed document. The opinion will be rendered,
in writing, to the requester as expeditiously as is practicable, with
special attention to the time requirements of a given case.
[Amended 12-20-2017 by L.L. No.
4-2017]
C.Â
An officer or employee of the municipality whose conduct or action
is the subject of an advisory opinion will not be subject to penalties
or sanctions by virtue of acting, or failing to act, due to a reasonable
reliance on the opinion, unless material facts were omitted or misstated
in the material submitted by the requester.
D.Â
The Board of Ethics will maintain a confidential indexed file of
all advisory opinions issued by the Board.
A.Â
The Town of Milton must promptly cause a copy of this Code of Ethics
and a copy of Article 18, §§ 800 to 809, of the General
Municipal Law, and a copy of any amendment to this Code of Ethics,
to be posted publicly and conspicuously in each building under the
municipality's control. The Code of Ethics must be posted within
10 days following the date on which the code takes effect. An amendment
to the Code of Ethics must be posted within 10 days following the
date on which the amendment takes effect.
B.Â
The Town of Milton must promptly cause a copy of this Code of Ethics,
including any amendments to the code, to be distributed to every person
who is or becomes an officer and employee of the Town of Milton.
C.Â
Every municipal officer or employee who receives a copy of this Code
of Ethics or an amendment to the code must acknowledge such receipt
in writing. Such acknowledgments must be filed with the Town Clerk,
who must maintain such acknowledgments as a public record.
D.Â
The failure to post this Code of Ethics or an amendment to the code
does not affect either the applicability or enforceability of the
code or the amendment. The failure of a municipal officer or employee
to receive a copy of this Code of Ethics or an amendment to the code,
or to acknowledge receipt thereof in writing, does not affect either
the applicability or enforceability of the code or amendment to the
code.
All officers and employees of the Town of Milton and members
of the Town of Milton Ethics Board must complete an ethics training
seminar on a biennial basis. Ethics training will be provided at the
direction of the Town Board, in conjunction with the Town Ethics Board.
Ethics training will be provided by qualified professionals proficient
in municipal ethics, and will be designed to keep recipients knowledgeable
of current standards and issues in municipal ethics. The training
seminar will be made available each year. Scheduling and records documenting
compliance with this section will be performed and maintained by the
Town Clerk.
[Added 3-19-2014 by L.L.
No. 1-2014]
This local law[1] shall take effect upon the Town Clerk filing this local
law with the New York Secretary of State, but shall not be retroactive
on actions or inactions that have occurred prior to its effective
date.
[1]
Editor's Note: "This local law" refers to L.L. No. 1-2014,
adopted 3-19-2014.