A.
Except as otherwise provided, all Town officials and
employees, paid or unpaid, are required to file with the Town Clerk
an Annual Statement of Disclosure. The disclosure form shall be developed
and recommended by the Ethics Board and approved by Town Board resolution.
B.
By January 30 of each year, the Town Clerk shall mail
a copy of the Annual Statement of Disclosure Form to all Town officials
and employees. Town Justices and employees of the Unified Court System,
summer employees, election inspectors, school crossing guards, and
subcommittee members are not required to file an annual disclosure.
C.
Town officials and employees shall fill out and sign
their Annual Statement of Disclosure and return it to the Town Clerk
within 30 days of their receipt of the Annual Statement of Disclosure
form.
D.
If any change in the information provided in an employee's
annual disclosure occurs during the calendar year, an amended disclosure
must be filed with the Town Clerk within 30 days after the change
occurs.
E.
All newly hired, appointed or elected Town officials
or employees shall file an Annual Statement of Disclosure within 30
days of their date of hire or appointment.
F.
Copies of the Annual Statement of Disclosure forms
are available from the Town Clerk. A copy of the Annual Statement
of Disclosure, although it is not a part of the Ethics Code, is included
as Attachment A of this Code of Ethics for information and reference.[1]
[1]
Editor's Note: Said Attachment A is included at the end of this chapter.
A.
Whenever a Town official or employee is requested
or required to take action in an official capacity on a matter before
the Town and presently knows that either the performance or nonperformance
of that action would provide a monetary or material benefit to the
official or employee, or to a related person, different from that
which would be derived from the action by reason of its general application
to a broad class of persons deriving such benefit, then the Town official
or employee shall publicly disclose the nature and extent of his or
her interest, promptly file a signed Transactional Statement of Disclosure
(see Attachment B[1]) with his or her immediate superior and the Town Clerk, and shall not participate or act in that matter (see Subsection D below in this section). Copies of the Transactional Statement of Disclosure are available from the Town Clerk. For purposes of this section, "related person" means:
(1)
A family member.
(2)
Any person, business or entity with which the Town
official or employee or family member has an employment, business
or financial relationship.
[1]
Editor's Note: Said Attachment B is included at the end of this chapter.
B.
Any Town official or employee, upon learning of any
matter being considered by the Town in which said employee or family
member has or may have a foreseeable interest, must promptly, before
any final action is taken, file a signed transactional disclosure
with his or her immediate superior and the Town Clerk, stating the
nature and extent of his/her or a family member's interest. This filing
is required even though the employee is not a participant in the Town
action. The immediate superior shall promptly advise the Town body
considering the matter of this employee's interest.
C.
Nothing in this section shall prohibit a Town official
or employee from performing any ministerial act or require a Town
employee to file a Transactional Statement of Disclosure prior to
performing a ministerial act. The award of a contract by a Town official
pursuant to the public bidding requirements of § 103 of
the General Municipal Law of the State of New York shall be deemed
a ministerial act.
D.
Recusal.
(1)
Whereas disclosure of an interest in a matter being
considered by the Town is always required, the necessity for a Town
official or employee to recuse himself or herself must take into account:
(a)
To what extent the interest of the Town official
or employee, a family member or employer is tenuous or distant;
(b)
The public's expectation for the employee to
participate and vote in the matter under consideration; and
(c)
The possible appearance of impropriety if the
employee does not recuse.
(2)
Having taken into account these three factors and
made fair and timely public disclosure, a decision not to recuse oneself
shall not be deemed unethical.
E.
All transactional disclosures submitted to the Town
Clerk, including the reason given for not recusing, if that be the
case, are to be included in the minutes of the Town body considering
the matter for which disclosure was made.
F.
Copies of the Transactional Statement of Disclosure
forms are available from the Town Clerk. A copy of the Transactional
Statement of Disclosure, although it is not a part of the Ethics Code,
is included as Attachment B[2] of this Code of Ethics for information and reference.
[2]
Editor's Note: Said Attachment B is included at the end of this chapter.
