This chapter shall be known as the "Town of Yorktown Code of
Ethics" a chapter adopting a code of ethics setting forth, for the
guidance of the Town's officials and employees, the standards
of ethical conduct reasonably expected of them.
This chapter is enacted pursuant to § 806 of the General
Municipal Law of the State of New York and any and all applicable
laws, rules and regulations of the State of New York; nothing contained
herein shall be deemed to conflict with any such laws, rules or regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
APPEAR and APPEAR BEFORE
Communicating in any form, including but not limited to personally,
through another person, by letter, electronic submission or by telephone.
APPROVAL BOARD MEMBER
Any member of a board having authority over applications
for approval, limited to the Planning Board, Town Board and Zoning
Board of Appeals.
CONTRACT
Claim, account or demand against or agreement with the Town,
express or implied.
CUSTOMER or CLIENT
Any person to whom a Town official or employee or his or
her outside employer or business has supplied goods or services during
the previous 24 months having, in the aggregate, a value greater than
$500, but only if the official or employee knows or has reason to
know that the outside employer or business supplied the goods or services.
FAMILY MEMBER
Spouse, child, child's spouse, stepchild, parent, grandparent,
sibling, sibling's spouse, and/or domestic partner defined as
someone 18 years or older living with the Town employee or official
in a financially interdependent and lifetime relationship.
GIFT and FINANCIAL BENEFIT
Includes, without limitation, money, services and entertainment
provided in exchange for less than fair market value, licenses, permits,
contracts, authorizations, loans, travel, any other gratuity, or any
promise thereof. 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. Gifts and financial benefits shall not include authorized
election campaign contributions.
INTEREST
A participation, connection or involvement of any sort which
may result in a direct or indirect pecuniary or material benefit.
For the purposes of this chapter, the interests of a Town official
or employee shall be deemed to include the interests of:
B.
Any person, other than a bank, trust company or other lending
institution, with whom he has a substantial debtor-creditor or other
financial relationship.
C.
Any person by whom he is employed or of which he is an officer,
director or member.
D.
Any person of which the stock or other legal or beneficial ownership
is owned by him; provided, however, that if the business dealings
of such person with the Town form an insubstantial part of the total
business dealings, then this definition shall only apply to such a
person if the Town official or employee owns more than 5% of the stock
or other legal or beneficial ownership of such person.
MINISTERIAL ACTS
Any action performed in an official capacity, in a prescribed
manner, without the exercise of judgment or discretion as to the propriety
of the act.
OFFICIAL ACT OR ACTION
Any legislative, administrative, quasi-judicial, appointive
or discretionary act of a Town official or employee or a Town body.
OUTSIDE EMPLOYER OR BUSINESS
Any activity, other than service to the Town, from which
the Town official or employee receives compensation; or any entity,
other than the Town, of which the Town official or employee is a member,
officer or employee and from which he or she receives compensation;
or any entity in which the Town official or employee has an ownership
interest, except a corporation of which that interest is less than
5% of the total. For the purposes of this definition, compensation
shall not include reimbursement for necessary expenses.
PERSON
Any individual or individuals, fire, partnership, association,
corporation, company, organization or other legal entity of any kind.
TOWN BODY
The Town or any board, commission, district, council or other
agency, department or unit of the government thereof.
TOWN OFFICIAL or EMPLOYEE
Any official or employee of the Town, whether paid or unpaid,
including, without limitation, all members of any office, board, body,
advisory board, council, commission, agency, department, district,
administration, division, bureau or committee of the Town and all
former employees acting as independent consultants. The terms "town
official" or "employee" shall not include Town Justice.
The provisions of §
45-5 of this Code of Ethics shall not prohibit or require abstention as a result of any of the following events:
A. Authorized
actions. An action specifically authorized by statute, rule or regulation
of the Town, the State of New York or of the United States of America.
C. Certain
gifts. Gifts received by a Town official or employee:
(2) Accepted on behalf of the Town and immediately transferred to the
Town.
(3) Having a value of $100 or less for the solemnization of a marriage
by that Town official or employee at a place or hour other than his
or her normal place or hours of business.
(4) Participation in social functions, dinners or programs of any public
or private organization where the Town official or employee is attending
in his or her official capacity as a representative of the Town.
D. Awards
presented to the Town official or employee by charitable, civic or
educational organizations.
E. Public
facilities. Receipt of Town services or benefits or use of Town facilities
that are generally available on the same terms and conditions to Town
residents.
F. Ministerial employees. Former Town officials or employees appearing
or practicing before the Town or receiving compensation for working
on a matter before the Town after termination of Town service or employment
where they performed only ministerial acts while working for the Town.
No Town official shall attempt to induce, induce or aid a Town
official or employee to violate any of the provisions of the Code
of Ethics.
There is hereby established a Board of Ethics to consist of
five members. Board of Ethics members shall reside in the Town. No
more than a majority minus one shall be registered in the same political
party. Members shall be appointed by the Town Board and shall serve
for a term of three years, except that as to the members first appointed,
one shall serve until December 31 in the year in which this Board
was established, two shall serve until the second December 31 and
two shall serve until the third December 31. Consecutive service shall
not exceed two full terms. When a vacancy occurs, it shall be filled
within 60 days for the unexpired portion of the term. However, members
shall serve until his or her successor has been appointed. The members
shall receive no salary or compensation for their services as members
of such Board and shall serve at the pleasure of the Town Board.
The Board of Ethics shall have no power to grant any waiver
of any provisions of this chapter.
The Board of Ethics, with the assistance of the office of the
Town Attorney, shall lead all investigations necessary to enforce
this chapter.
The Board of Ethics shall assist the Town in conducting training
programs on compliance with this chapter and make informational and
educational materials available to the public.
No existing right or remedy shall be lost, impaired or affected
by reason of this chapter.
Nothing in this chapter shall be deemed to bar or prevent a
present or former Town official or employee from timely filing any
claim or suit against the Town on behalf of his or her family arising
out of personal injury or property damage or any lawful benefit authorized
or permitted by law.
The Town Attorney shall be a nonvoting member ex officio of
the Board of Ethics and upon request of the Board shall render advice
and help in the administration of the Code.
The Town Clerk shall cause copies of this chapter to be distributed
to every Town official and employee and make them readily available
to the public. Every Town official or employee elected, appointed
or hired thereafter shall be delivered a copy of this chapter within
10 days after entering upon the duties of his or her position. Failure
to have been delivered a copy of this chapter shall have no effect
in the duty of compliance or the enforcement of the provisions of
this chapter. Within 10 days of receiving a copy of this chapter,
all elected officials, members of Town boards, department heads or
persons authorized to act on their behalf, including in the Police
Department, the Chief of Police, Captains and Lieutenants, and other
Town officials or employees holding policy-making positions, shall
sign a form indicating that they have received and read this chapter
and shall return said form to the Town's Human Resources office
for inclusion in their personnel file or, in the event they do not
have a personnel file, to the Town Clerk.