This local law shall be known and cited as the "Ethics in Government
Law of the Town of Orangetown."
In a democracy, government should be open, accessible, equitable
and efficient. Democratic government requires that elected officials
be independent, impartial and responsible to the people. In order
to foster public confidence in the integrity of its government, public
officers must not use or be perceived to be using their office for
personal gain. In order to enhance public trust in its government,
this code requires disclosure of financial interests that may influence
or be perceived to influence the actions of elected officials or Town
employees. Therefore, it is the intent of this legislation to:
A. Establish
high standards of ethical conduct for elected officials and Town employees.
B. Afford
elected officials, covered employees and Town employees clear guidance
to such standards.
C. Promote
public confidence in the integrity of Town government.
D. Require
disclosure of financial interests that may influence or be perceived
to influence the actions of elected officials, candidates for elected
office and covered employees.
E. Facilitate
consideration of potential problems before they arise, minimize unwarranted
suspicion and enhance the accountability of government to the people.
As used in this local law, the following terms shall have the
meanings indicated:
AGENCY
Any Town agency, department, division, board, commission
or bureau of the Town of Orangetown.
BOARD
The Board of Ethics of the Town of Orangetown.
BUSINESS/PROFESSIONAL DEALING OR BUSINESS TRANSACTION
A.
Having or providing any contract, service or work
with the Town.
B.
Buying, selling, renting, leasing or otherwise acquiring
from or dispensing to the Town any goods, services or property, or
obtaining any approval, grant, loan, license, permit or other privilege
from the Town, excepting that by operation of law.
CANDIDATE FOR ELECTED OFFICIAL
A candidate for Town-wide office who receives the nomination
of a political party, files a designating petition for nomination
at a primary election or seeks independent nomination and who has
not been designated by a party to receive a nomination. The terms
"party," "designation," "primary election." "nomination" and "independent
nomination" as used herein shall have the same meanings as those contained
in § 1-104 of the Election Law.
COMPENSATION
Any money, thing of value or financial benefit conferred
in return for services rendered or to be rendered.
COVERED EMPLOYEES
The heads (other than elected officials) of any agency, department,
division, council, board, commission or bureau of the Town and their
deputies and assistants and the officers, employees and consultants
on annual retainers of such agencies, departments, divisions, boards,
bureaus, commissions or councils who hold policymaking positions as
determined by the Town Board and set forth in a written instrument
annexed hereto as Appendix I, which shall be filed with the Board of Ethics.
INTEREST
A direct or indirect pecuniary or material benefit accruing
to an elected official, covered employee or Town employee or his or
her spouse, child or dependent, whether as a result of a contract
with the Town or otherwise.
LICENSING
Any agency activity respecting the grant, denial, renewal,
revocation, enforcement, suspension, annulment, withdrawal, recall,
cancellation or amendment of a license, permit or other form of permission
conferring the right or privilege to engage in a profession, trade
or occupation or any business or activity regulated by a regulatory
agency which, in the absence of such license, permit or other form
of permission, would be prohibited.
MINISTERIAL MATTER
An administrative act carried out in a prescribed manner
not allowing for substantial personal discretion.
RELATIVE
Such individual's spouse or unemancipated child as defined
herein or legal dependent as defined by the Internal Revenue Code.
REPRESENTATIVE CAPACITY
The presentation of the interests of a client or other person
pursuant to an agreement, express or implied, for compensation for
services.
SPOUSE
The husband or wife of the reporting individual, unless living
separate and apart from the reporting individual with the intention
of terminating the marriage or providing for permanent separation
or unless separated pursuant to a judicial order, decree or judgment
or a legally binding separation agreement.
TOWN EMPLOYEE
Any employee other than an elected official or covered employee
of the Town of Orangetown, whether paid or unpaid.
UNEMANCIPATED CHILD
Any son, daughter, stepson or stepdaughter who is under the
age of 21 and living in the household of the reporting individual.
Each elected official, covered employee and candidate for elective
office must file an annual financial disclosure statement containing
the information and in the form to be determined by resolution of
the Town Board and in accordance with §§ 811 and 812
of the General Municipal Law.
The Town Clerk shall file with the Temporary State Commission
on Local Government Ethics established by § 813 of the General
Municipal Law and in all events shall maintain as a record subject
to public inspection:
A. A copy of this local law or any amendments hereto adopted
within 30 days after the adoption thereof.
B. A statement that the Town of Orangetown has established
a Board of Ethics in accordance with this local law and the composition
of such Board, within 30 days after the establishment of such Board.
C. A copy of the form of annual statement of financial disclosure
and a statement of the date such annual statement form was promulgated
by this local law.
Notwithstanding anything to the contrary contained in this local
law, the Town of Orangetown hereby elects to remove itself from the
ambit of all of the provisions of § 812, other than Subdivision
3 of such section, of the General Municipal Law in accordance with
the provisions of Subdivision 3 of such section.
If any clause, sentence, paragraph, section or part of this
local law shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
This local law shall take effect upon publishing and posting
and upon filing a copy with the Secretary of State as required by
law.