The provisions of §§
14-1 and
14-2 of this chapter shall not prohibit, or require recusal or transactional disclosure as a result of:
A. An action specifically authorized by statute, rule or
regulation of the State of New York or of the United States.
C. Gifts:
(1) Received by the Town officer, employee or consultant
from his or her parent, spouse or child; or
(2) Having an aggregate value of $75 or less during any twelve-month
period; or
(3) Accepted on behalf of the Town and transferred to the
Town.
D. Gifts or benefits having a value of $50 or less that
are received by a Town officer, employee or consultant listed in § 11
of the Domestic Relations Law of the State of New York for the solemnization
of a marriage by that officer or employee at a place other than his or her
normal public place of business or at a time other than his or her normal
hours of business.
E. Awards from charitable organizations.
F. Receipt of Town services or benefits, or use of Town
facilities, that are generally available on the same terms and conditions
to residents or a class of residents in the Town.
G. Representation of constituents by elected officials without
compensation in matters of public advocacy.
H. Town officers and employees appearing or practicing before
the Town or receiving compensation for working on a matter before the Town
after termination of their Town service or employment where they performed
only ministerial acts while working for the Town.
No person, whether or not a Town officer or employee, shall induce or attempt to induce a Town officer or employee to violate any of the provisions of §
14-1 or
14-2 of this chapter.
Unless otherwise stated or unless the context otherwise requires, when
used in this chapter the following terms shall have the meanings indicated:
APPEAR and APPEAR BEFORE
Communicating in any form, including, without limitation, personally,
through another person, by letter or by telephone.
CUSTOMER or CLIENT
Any person to whom a Town officer, employee or consultant has supplied
goods or service during the previous 24 months having, in the aggregate, a
value greater than $1,000 or any person to whom a Town officer's, employee's
or consultant's outside employer or business has supplied goods or services
during the previous 24 months having, in the aggregate, a value greater than
$1,000 but only if the Town officer, employee or consultant knows or has reason
to know the outside employer or business supplied the goods or services.
ETHICS BOARD
The Ethics Board of the Town of Goshen established pursuant to §
14-14 of this chapter.
GIFT and FINANCIAL BENEFIT
Include any money, service, license, permit, contract, authorization,
loan, travel, entertainment or hospitality, or any promise thereof, or any
other gratuity or promise thereof or anything of value. A financial transaction
may be a financial benefit but shall not be a gift unless it is on terms not
available to the general public. "Gift" and "financial benefit" do not include
campaign contributions authorized by law.
INTEREST
Any claim, account or demand against or in agreement with the Town,
express or implied, including designation of a depository of public funds
and the designation of an official newspaper, and direct or indirect pecuniary
or material benefit accruing to an officer or employee as a result of a business
or professional transaction with the Town. For the purposes of this chapter,
an officer or employee shall be deemed to have a direct interest in the affairs
of.
A.
His spouse, minor children and dependents.
B.
A business concern, partnership or association of which such officer
or employee is a member, partner, owner, director or employee.
C.
A corporation of which such officer or employee is an officer, director
or employee.
D.
A corporation any stock of which is owned or controlled, directly or
indirectly, by such officer or employee.
MINISTERIAL ACT
An action performed in a prescribed manner without the exercise of
judgment or discretion as to the propriety of the act.
OUTSIDE EMPLOYER OR BUSINESS
A.
Any activity, other than service to the Town, from which the Town officer,
employee or consultant received compensation for services rendered or goods
sold or produced.
B.
Any entity, other than the Town, of which the Town officer, employee
or consultant is a member, officer, director or employee and from which he
or she received compensation for services rendered or goods sold or produced.
C.
Any entity in which the Town officer, employee or consultant has an
ownership interest, except a corporation of which the Town officer or employee
owns less than 5% of the outstanding stock.
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For the purposes of this definition, "compensation" shall not include
reimbursement for necessary reasonable expenses, including travel expenses.
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PERSON
Includes both individuals and entities.
RELATIVE
A spouse, child, step-child, brother, sister or parent of the Town
officer or employee, or a person claimed as a dependent on the Town officer's
or employee's latest individual state income tax return.
SUBORDINATE OF A TOWN OFFICER OR EMPLOYEE
Another Town officer or employee over whose activities he or she
has direction, supervision or control, except those who serve in positions
that are in the exempt classification under § 41 of the Civil Service
Law of the State of New York or in the unclassified service under Subdivisions
(a) through (f) of § 35 of that law.
TOWN
The Town of Goshen but shall not include the Town Court.
TOWN CONSULTANT
Any individual, group or firm which renders ongoing services on behalf
of the Town to any Town officer, Town Board, Planning Board, Zoning Board
of Appeals or any other Town agency or commission. "Town consultant" shall
not include a consultant specially retained solely for a particular project.
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town, whether paid or unpaid, and
includes, without limitation, all members of any office, board, body, advisory
board, council, commission, agency, department, district, administration,
division, bureau, or committee of the Town. "Town officer or employee" shall
not include:
A.
A judge, justice, officer or employee of the unified court system.
B.
A volunteer firefighter or civil defense volunteer, except a fire chief
or assistant fire chief.
C.
A member of an advisory board of the Town if, but only if, the advisory
board has no authority to implement its recommendations or to act on behalf
of the Town or to restrict the authority of the Town to act. No entity established
pursuant to the General Municipal Law of the State of New York shall be deemed
an advisory board for purposes of this subsection.
Any contract or agreement entered into by or with the Town which results in or from a violation of any provision of §
14-1,
14-2 or
14-7 of this chapter shall be void unless ratified by the governing body of the Town. Such ratification shall not affect the imposition of any criminal or civil penalties pursuant to this chapter or any other provision of law.