[HISTORY: Adopted by the Town Board of the
Town of Ramapo 10-26-1988 by L.L. No. 11-1988. Amendments noted
where applicable.]
This chapter shall be known and cited as the
"Ethics in Government Law of the Town of Ramapo."
A.
The State of New York, by the Ethics in Government
Act, has amended provisions of Article 18 of the General Municipal
Law requiring certain financial disclosure by various town officials
and employees. It is the intent of the Town Board to implement the
provisions of the recent amendment and to require financial disclosure
by town elected officials, covered employees and political candidates
as well as political party chairpersons who earn more than $30,000
annually as compensation from their party.
B.
Further, it is the goal of the Town Board to revise
its current ethics code with regard to standards for ethical conduct
by its officials and employees as well as to revise the powers and
procedures of the Town's Commission on Ethics.
[Amended 2-6-2012 by L.L.
No. 2-2012]
As used in this chapter, the following terms
shall have the meanings indicated:
Any Town department, division, board, commission or bureau
of the Town of Ramapo.
Remuneration in money, services, merchandise, loans, promise,
travel or any other form.
Any claim, account or demand against or agreement with the
Town of Ramapo, expressed or implied, and shall include the designation
of a bank depository of public funds and the designation of an official
newspaper.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Those individuals required to file an annual financial disclosure
statement pursuant to this chapter.
Any person employed by the Town of Ramapo who is not
a member covered under the CSEA or PBA Bargaining Unit.
[Added 10-10-2018 by L.L. No. 6-2018; amended 6-24-2020 by L.L. No. 4-2020]
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the municipality which such officer or employee serves. For the purposes
of this chapter, a municipal officer or employee shall be deemed to
have an interest in the contract of:
[Amended 2-6-2012 by L.L.
No. 2-2012]
His spouse, minor children and dependents, except
a contract of employment with the municipality which such officer
or employee serves;
A firm, partnership or association of which
such officer or employee is a member or employee;
A corporation of which such officer or employee
is an officer, director or employee; and
A corporation, any stock of which is owned or
controlled directly or indirectly by such officer or employee.
Any agency activity respecting the grant, denial, renewal
or amendment of a license, permit or other form of permission conferring
the privilege to engage in:
An administrative act not allowing for substantial personal
discretion.
An officer or employee of the Town of Ramapo, 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 civil defense volunteer
or volunteer fireman. "Municipal officer or employee" also means any
person nominated by a political party or by independent nominating
petition as a candidate for any elective office in the Town of Ramapo.
The presentation of the interests of a client or other person
pursuant to an agreement for services.
Except as provided in § 14-5 of this chapter, every officer or employee of the Town shall be subject to and abide by the following standards of conduct:
A.
No elected official, officer or employee of the Town
of Ramapo shall enter an agreement to receive compensation for services
rendered concerning matters before any Town agency.
B.
No elected official, officer or employee of the Town
of Ramapo shall receive any compensation for any services rendered
against the interest of the Town.
C.
No elected official, officer or employee of the Town
of Ramapo shall receive any compensation other than that as prescribed
by law for any services rendered in the interest of the Town.
D.
No elected official, officer or employee of the Town
of Ramapo or firm of which said official, officer or employee owns
50% or more of the stock or other interest may:
(1)
Sell goods or services valued over $75 to any Town
agency; or
(2)
Contract to provide goods or services unless done
pursuant to contract let after public notice and competitive bidding.
This shall not apply to publication of resolutions, advertisements
or notices in newspapers designated pursuant to law and for which
the rates are fixed.
E.
No former elected official, former officer or former
employee of the Town of Ramapo shall appear or render services before
any Town agency concerning a matter on which he was personally involved
for two years after termination of his service or employment. An official,
officer or employee is personally involved if he/she actually handled,
researched, made decisions about or discussed the matter with the
person making the decision. However, the firm of a former elected
official, officer or employee may render services in matters before
a Town agency as long as the former official, officer or employee
does not share net revenues.
F.
No elected official, officer or employee of the Town
of Ramapo who is a member of a firm which is appearing before a Town
agency may communicate orally with a Town officer or employee concerned
with the matter about the matter. However, printed material, such
as the letterhead of stationery, with the name of the Town official,
officer or employee is not an appearance as long as the printed material
is not signed by the official, officer or employee.
[Amended 2-6-2012 by L.L.
No. 2-2012]
G.
An officer or employee shall not, directly or indirectly,
solicit any gift or accept or receive any gift having a value of $75
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. If a gift is intended to influence
him in his official capacity, he may not accept any gift.
H.
An officer or employee shall not disclose confidential
information acquired by him in the course of his official duties or
use such information to further his personal interest.
I.
An officer or employee shall not receive or enter
into any agreement, express or implied, for compensation or consideration
of any kind for services to be rendered in relation to any matter
before any municipal agency of the Town of Ramapo.
J.
To the extent that he knows thereof, a member of the
Town Board and any officer or employee of the Town of Ramapo, whether
paid or unpaid, who participates in the discussion or gives official
opinion to the Town Board on any legislation before the Town Board
shall publicly disclose on the official record the nature and extent
of any direct or indirect financial or other private interest he has
in such legislation.
K.
No municipal officer or employee shall have an interest,
direct or indirect, in any contract with the Town of Ramapo.
L.
Neither the Director of Finance, the Supervisor nor
his deputy or employee shall have an interest, directly or indirectly,
in a bank or trust company designated as a depository or paying agent
or for investment of funds of the Town of Ramapo.
[Amended 2-6-2012 by L.L.
No. 2-2012]
M.
An officer or employee 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.
N.
No officer or employee shall 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.
O.
The Town Attorney or any Deputy Town Attorney or Assistant Town Attorney
are prohibited from exercising any discretion in any matter of Town
interest which shall involve any person or corporation who or which
has been a client of his firm during one year prior to the time that
said matter is handled by the office of the Town Attorney. This, however,
shall not prevent the assignment of such matter to another attorney
in the Town Attorney's office who has had no interest in such
matter. Any law firm of which the Town Attorney or any Deputy Town
Attorney shall be a member shall not practice before the Town Board
or any of the boards or commissions of the Town of Ramapo while such
member is an employee of the Town Attorney's office.
[Amended 10-10-2018 by L.L. No. 6-2018; 6-24-2020 by L.L. No. 4-2020]
P.
The Building Inspector or any assistant is prohibited
from exercising any discretion or acting upon any matter of Town interest
which shall involve any real estate, insurance, building contracting
business or business matters in which he may have any interest as
defined herein.
Q.
The Tax Assessor and the employees of the Tax Assessor's
office are prohibited from engaging in the business of real estate
or from receiving or benefiting from, directly or indirectly, any
fees or commissions involving the sale of real property located in
the Town of Ramapo.
R.
No attorney employed by the Town of Ramapo or otherwise
hired as a consultant or special counsel shall engage in representation
of a client in a claim or matter against the Town of Ramapo.
[Added 2-6-2012 by L.L.
No. 2-2012]
The provisions of § 14-4 of this chapter shall not apply to:
A.
A contract with a person, firm, corporation or association
in which an officer or employee of the Town of Ramapo has an interest
solely by reason of employment as an officer or employee thereof if
the remuneration of such employment will not be directly affected
as a result of such contract and the duties of such employment do
not directly involve the procurement, preparation or performance of
any part of such contract.
B.
The purchase by the Town of Ramapo of real property
or an interest therein, provided the purchase and the consideration
therefor are approved by order of the Supreme Court upon petition
of the Town Board of the Town of Ramapo.
C.
The acquisition of real property or an interest therein
through condemnation proceedings according to law.
D.
A contract with a membership corporation or other
voluntary nonprofit corporation or association.
E.
A contract in which a municipal officer or employee
has an interest if such contract was entered into prior to the time
he was nominated, elected or appointed as such officer or employee,
but this shall in no event authorize a renewal of any such contract.
F.
A contract with a corporation in which a municipal
officer or employee has an interest by reason of stock holdings when
the stock of the corporation is listed on either the New York or American
Stock Exchange or less than 5% of the outstanding stock of the corporation
is owned or controlled directly or indirectly by such officer or employee;
provided, however, that this exception shall not apply to stock holdings
of the Director of Finance, Supervisor, Deputy Supervisor or employee
of the Supervisor in a bank or trust company designated as a depository
of the funds of the Town of Ramapo.
[Amended 2-6-2012 by L.L.
No. 2-2012]
G.
A contract for the furnishing of public utility services
when the rates or charges therefor are fixed or regulated by the Public
Service Commission.
H.
A contract for the payment of a portion of the compensation
of a private employee of an officer when such employee performs part-time
service in the official duties of the office.
I.
The timely filing by a present or former municipal
officer or employee of any claim, act, demand or suit against the
Town of Ramapo or any agency thereof on behalf of himself or any member
of his family arising out of any personal injury or property damage
or any lawful benefit authorized or permitted by law.
[Amended 4-10-1991 by L.L. No. 3-1991; 4-12-1995 by L.L.
No. 5-1995; 3-27-1996 by L.L. No. 3-1996; 2-6-2012 by L.L. No. 2-2012;
6-24-2015 by L.L. No. 3-2015; 10-10-2018 by L.L. No. 6-2018; 6-24-2020 by L.L. No. 4-2020]
A.
All individuals listed in Subsection I shall file an annual financial disclosure statement with the Commissions on Ethics on or before May 15 of each year, unless an extension is granted by the Commission on Ethics. In addition, all candidates for local elected offices shall file a financial disclosure statement within seven days after the filing of petitions. One annual filing is sufficient even if the filer is employed in more than one capacity requiring a filing. In addition, each individual required to file must also file an affidavit that his or her spouse has no financial interest which has an impact on any Town matters. Any person requesting an extension based upon an extension granted by the Internal Revenue Service with respect to filing of Internal Revenue Form 1040 shall submit a copy of the extension request to the Internal Revenue Service to the Commission on Ethics.
B.
Said financial disclosure statement(s) shall be in the form(s) approved
by the Town Board, said form(s) being appended to this chapter as
the Financial Disclosure Statement. (Long Form Disclosure Affirmation
and Short Form Disclosure Affirmation.) All individuals listed in
Subsection I(1)-(4)(a)[1]-[22] shall complete the Long Form Disclosure
Affirmation. All individuals listed in Subsection I(4)(a)[23]-[25]
shall complete the Short Form Disclosure Affirmation. The statement
shall be completed in its entirety. Any questions that do not apply
shall be marked "N/A." In addition, the Financial Disclosure Statement
shall be signed.
C.
The financial disclosure statement shall be supplied by the Town
Clerk to those individuals required to file.
D.
The annual financial disclosure statement shall be submitted in a
sealed envelope to the person designated by the Town Board to receive
such statements by the Commission on Ethics. Said person shall keep,
as a matter of public record, a log of all such filings by name and
the date on which such filing was received.
E.
The filings shall be delivered unopened to the Commission on Ethics.
The Commission shall open the same to determine that said form is
complete. Thereafter, the Town Clerk shall keep said filings in a
closed file.
F.
Said financial disclosure statement is expressly for the purpose
of evaluation by the Commission on Ethics of the legitimacy of any
charges made against any individual covered by this chapter.
G.
Public inspection.
(1)
The information set forth in the annual financial disclosure statement
shall be available for public inspection except for:
H.
The Commission on Ethics shall present to the Town Board in writing
a list by September 1 of each year of those individuals who are not
in compliance with the filing of their annual financial disclosure
statement.
I.
The individuals who must file financial disclosure statements are
as follows:
(1)
All local elected officials of the Town of Ramapo, except judges
or justices of the unified court system.
(2)
All local political party officials who earn $30,000 or more from
political party committee funds.
(3)
All candidates for local elected offices who file petitions for nomination
at a primary election or who receive the nomination of a party other
than at a primary election.
(4)
Local officers and employees who hold policymaking positions as annually
determined by the Town Board. These officers and employees include:
(a)
Persons holding the following job titles:
[1]
Confidential Assistant to Supervisor.
[2]
Director of Finance.
[3]
Town Clerk.
[4]
Receiver of Taxes.
[5]
Superintendent of Highways.
[6]
Justice Court Clerk.
[7]
Director of Parks and Recreation.
[8]
Director of Building and Grounds.
[9]
Personnel.
[10]
Director of Purchasing.
[11]
Director of Public Works.
[12]
Building Inspector II.
[13]
Assessor.
[14]
Deputy Town Clerk.
[15]
Planning Assistant.
[16]
Secretary, Planning and Zoning Boards.
[17]
Chief of Police.
[18]
Police Captain.
[19]
Police Lieutenants.
[20]
Deputy Director of Parks and Recreation.
[21]
Deputy Director of Public Works.
[22]
All members of the legal professional staff of the Town Attorney's
office.
[23]
All members of the Planning Board of the Town of Ramapo.
[24]
All members of the Zoning Board of Appeals of the Town of Ramapo.
[25]
All members of the Assessment Board of Review of the Town of
Ramapo.
J.
Notwithstanding the above, this chapter shall not cover any employee
of the Town of Ramapo covered under the CSEA and PBA Bargaining Units.
Any contract willfully entered by or with the
Town of Ramapo in which there is an interest prohibited by this chapter
shall be null, void and wholly unenforceable.
[Amended 2-6-2012 by L.L.
No. 2-2012]
The Supervisor of the Town of Ramapo shall cause
a copy of the Ethics in Government Law to be distributed to every
officer and employee of the Town of Ramapo within 30 days after the
effective date of this chapter. Each officer and employee elected
or appointed thereafter or nominated for office shall be furnished
a copy before entering upon the duties of his office or employment
or within 10 days after nomination. Failure to distribute any such
copy or failure of any officer or employee to receive such copy shall
have no effect on the duty of compliance with such law, nor the enforcement
of provisions thereof.
An elected official, officer or employee of
the Town of Ramapo may:
[Amended 4-10-1991 by L.L. No. 3-1991; 4-12-1995 by L.L. No.
5-1995; 3-27-1996 by L.L. No. 3-1996; 2-6-2012 by L.L. No. 2-2012; 6-24-2015 by L.L. No. 3-2015; 10-10-2018 by L.L. No. 6-2018; 6-24-2020 by L.L. No. 4-2020]
There is hereby created and established a Commission on Ethics
consisting of five members to be appointed by the Town Board of the
Town of Ramapo, all of whom shall reside in the Town of Ramapo and
shall serve without compensation.
A.
One member shall be an attorney admitted to practice in the State
of New York; one member shall be a teacher or administrator; and one
member shall be an elected or appointed municipal officer or employee;
and one member shall be of a party affiliation (or nonaffiliation)
different than the majority of members of the Board. The Town Board
shall designate the chairperson who shall serve at the pleasure of
the appointing authority.
B.
Of the members first appointed to the Commission, one shall hold
office for a term of one year; one for a term of two years; one for
a term of three years; one for a term of four years; and one for a
term of five years, from and after his appointment. Each successor
shall be appointed for a term of five years from and after the expiration
of the term of his predecessor in office. The Town Supervisor shall
appoint an ex officio of the Commission.
C.
The Commission on Ethics shall meet at least annually in the month
of June for purposes of organization and to review the status of all
confidential memoranda required to be on file with it and to transact
any other business as may properly come before it and shall report
publicly to the Town Board not later than the first day of September
annually on its current state of organization and on the currency
of all reports required to be on file and on any other matters which
may appear to be a just and proper exercise of its responsibility.
The Commission may make reasonable expenditures from funds budgeted
to it to effectuate the purposes of this chapter.
D.
The Commission on Ethics shall have the powers and duties prescribed
by Article 18 of the General Municipal Law and shall render advisory
opinions to the officers and employees of the Town of Ramapo with
respect to Article 18 of the General Municipal Law and the Ethics
in Government Law contained herein. In addition, the Commission may
make recommendations with respect to any amendment to this chapter
upon the request of the Town Board. Specifically, the Commission on
Ethics shall have the following powers and duties. The Commission
shall:
(1)
Adopt rules and regulations governing Commission procedures.
(2)
Review financial disclosure statements to determine their completeness.
(3)
Grant extensions of filing dates to individuals requesting said extension.
Said extension shall be granted for a reasonable period of time, not
to exceed 60 days, unless such extension is based upon an Internal
Revenue Service 1040 extension, and then until 10 days after the expiration
of the IRS extension.
(4)
Grant exemptions from any requirement contained in the financial
disclosure statements to individuals required to file a financial
disclosure statement.
(5)
Permit any person required to file a financial disclosure statement
to request the Commission on Ethics to delete from the copy thereof
made available for public inspection one or more items of information,
upon a finding by a majority of the total members of the Commission
on Ethics that the information which would otherwise be required to
be disclosed will have no material bearing on the reporting person's
official duties.
(6)
Receive and investigate complaints of violation of any provisions
of this chapter.
(7)
Administer and enforce the provisions of this chapter.
(8)
Notify individuals of their failure to file a statement or of any
deficiency in said statement.
(9)
Report violations by individuals of any provisions of this chapter
and make recommendations for disciplinary action to the Town Board.
(10)
Present in writing a list of those individuals who have not
filed the required financial disclosure statement by September 1 of
each year.
(11)
Hold hearings and make determinations as to violations of this
chapter.
E.
All financial disclosure statements and any information reported
to the Commission on Ethics shall not be used for any purpose other
than those expressly set forth in this chapter. However, said reports
and information can be released upon receipt of a properly issued
subpoena by a law enforcement agency.
[Amended 4-10-1991 by L.L. No. 3-1991; 6-24-2015 by L.L. No. 3-2015]
Financial disclosure statements filed with the Commission on
Ethics shall be disposed of in accordance with the rules and regulations
adopted by the Town Board.
A.
Each agency must keep a record of appearances of the
attorneys, agents and representatives who appear before it and the
firms or individuals they represent. This record shall be open for
public inspection.
B.
The Town Clerk shall file a copy of this Ethics in
Government Local Law, a statement that the Town of Ramapo has established
an Ethics Commission and a copy of the financial disclosure form within
30 days after adoption at the office of the State Comptroller.
[Amended 4-10-1991 by L.L. No. 3-1991; 4-12-1995 by L.L. No.
5-1995; 6-24-2015 by L.L. No. 3-2015]
A.
It shall be a violation of this chapter for any individual required
to file a financial disclosure statement to fail to file such statement
by May 15, or within any extension of time granted by the Commission
on Ethics, or cure any defect in said statement within 15 days after
being officially advised of such defect in writing by the Commission
on Ethics.
(1)
Upon failure to file such statement by May 15, or within any extension
of time granted by the Commission on Ethics, or cure any defect in
said statement within 15 days after being notified by the Commission
on Ethics, the Commission on Ethics, after a mandatory hearing upon
reasonable notice, shall officially notify the Town Board of said
violation in writing and request that said individual be disciplined.
Recommended discipline may include, but not be limited to, suspension
or termination from service or employment within the Town and a civil
penalty not to exceed $10,000.
(2)
If said violator is either an elected official or candidate for local
elected office, the failure to file the disclosure statement shall
be published by the Town Clerk at the request of the Commission on
Ethics in the official newspaper of the Town within 10 days of said
failure to file. In addition, a copy of said notice of failure to
file shall be sent to the Town Board.
B.
It shall be a violation for any officer or employee to fail to comply
with any provisions of this chapter.
(1)
The Commission on Ethics, after a hearing upon reasonable notice,
may assess an individual a civil penalty up to $10,000 and/or notify
the Town Board of said violation and request that said individual
be disciplined and/or terminated from service or employment with the
Town.
(2)
If said violator is either an elected official or candidate for local
elected office, the determination of violation shall be published
by the Town Clerk at the request of the Commission on Ethics in the
official newspaper of the Town.
