[Added 8-16-1976 by L.L. No. 8, 1976]
A. As
Town government becomes increasingly complex and as our democratic
processes draw citizens from every walk of life, there is increasing
need for known standards of ethical conduct as a guide for public
officers and employees. These standards must be based both on personal
integrity and on community vigilance. In support of these basic standards,
it is the purpose of this local law to define areas of conflict of
interest in municipal transactions.
B. Proper
administration of the government of the Town of Orangetown requires
that Town officials be independent and impartial. Proper administration
of government requires that public office shall not be used for personal
gain and that the public have confidence in its Town government.
C. Proper
administration of the government of the Town of Orangetown and a due
consideration for the need to bring into municipal government the
most qualified and outstanding of our citizens also requires that
such citizens shall not be unduly harassed or the privacy of their
lives not be unduly invaded.
D. The
State of New York has enacted into law Chapter 1019 of the Laws of
1970, amending the General Municipal Law, to require the adoption
of a Code of Ethics which shall contain standards for the guidance
of Town officials and employees with respect to disclosure of interest
before the Town Board, the holding of investments in conflict with
official duties, private employment in conflict with official duties,
future employment and other standards deemed advisable. This local
law, therefore, is adopted to implement the requirements of said state
statute.
A. Every member of the Town Board, Board of Zoning Appeals,
Planning Board and any other public official, whether elected or appointed,
shall publicly disclose on the official record the nature and extent
of any direct or indirect interest in a construction business or concern
involved with the improvement, alteration or development of real property
located within the Town of Orangetown and/or any interest he or his
spouse may have in real property located in the Town of Orangetown,
whether or not the ownership of same is in an individual, assumed
or corporate name (except for single-family residences where no change
of zone or variance has been involved); and said disclosure shall
be made annually every year on May 1 and shall cover the period from
January 1 to December 31 of the prior year, except that in 1977 the
period shall begin on August 16, 1976, and the date of the disclosure
in 1977 shall be July 1.
[Amended 5-14-1977 by L.L. No. 6, 1977]
B. The disclosure statement shall contain the following information:
(3) Amount received as a fee, commission or gratuity and whether
in the form of money, stock or any other remuneration.
(4) Who participated or shared in said fee or commission.
(5) Name of purchaser and seller.
(6) Whether or not the official or his spouse at that time
was or at the present is a duly licensed real estate broker of the
State of New York.
(7) Whether or not the official or his spouse owned an interest
in said property, either legal or equitable. (If answered in the negative,
the facts which form the basis for sharing in said commission or fee
shall be set forth.) The official shall set forth whether or not said
real property had been affected by any change in the Zoning Map and
Zoning Code of the Town of Orangetown and/or whether the said real
property has been the subject of any request for a variance of any
kind since the effective date of this local law.
A. Every member of the Town Board, Board of Zoning Appeals,
Planning Board and any other public official, whether elected or appointed,
shall publicly disclose on the official record whether or not he or
his spouse has shared in, received or participated directly or indirectly
in any way by virtue of fee, commission, gratuity or otherwise any
change of zone or any real estate transaction in the Town of Orangetown;
and said disclosure shall be made annually every year on May 1 and
shall cover the period from January 1 to December 31 of the prior
year, except that in 1977 the period shall begin on August 16, 1976,
and the date of the disclosure in 1977 shall be July 1.
[Amended 5-14-1977 by L.L. No. 6, 1977]
B. If the answer is in the affirmative, the official is to
set forth the following:
(1) The description of the property.
(2) The amount received as fee, commission or gratutity.
(3) Who received or participated in said fee or commission.
(4) The date of the change in the zoning.
(5) The owner of said property at the time of said change.
(6) What the zoning was prior to and subsequent to the granting
of the change of zone.
(7) The market value prior to and market value subsequent
to said change of zone.
(8) The name of the applicant and the representative who presented
the application.
A. Every member of the Town Board, Board of Zoning Appeals,
Planning Board and any other public official, whether elected or appointed,
shall publicly disclose on the official record whether or not he or
his spouse has received, shared in or participated directly or indirectly
by gratuity or otherwise in any fee or settlement in which the Town
was a litigant; and said disclosure shall be made annually every year
on May 1 and shall cover the period from January 1 to December 31
of the prior year, except that in 1977 the period shall begin on August
16, 1976, and the date of the disclosure in 1977 shall be July 1.
[Amended 5-14-1977 by L.L. No. 6, 1977]
B. If the answer is in the affirmative, the following shall
be disclosed:
(1) If litigation has been instituted, the date, caption,
court calendar and index number, when possible.
(2) If the matter has not gone to litigation, whether or not
the law suit has been settled in claim or prior to trial, the name
of the parties and the date of settlement.
(3) In the event that the Town was not a plaintiff, the name
and address of the plaintiff's attorney shall be stated, the amount
he received as a fee and the amount received as a fee or commission
by gratuity or otherwise.
(4) Who received or participated in said fee or commission;
if related, how related.
(5) If the official or his spouse is licensed as an attorney
and counselor at law pursuant to the laws of the State of New York.
A. Every member of the Town Board, Board of Zoning Appeals,
Planning Board and any other public official, whether elected or appointed,
shall publicly disclose on the official record whether or not he or
his spouse has shared in, received or participated directly or indirectly
in any way by virtue of fee, commission, gratuity or otherwise any
variance of any real property in the Town of Orangetown; and said
disclosure shall be made annually every year on May 1 and shall cover
the period from January 1 to December 31 of the prior year, except
that in 1977 the period shall begin on August 16, 1976, and the date
of the disclosure in 1977 shall be July 1.
[Amended 5-14-1977 by L.L. No. 6, 1977]
B. If the answer is in the affirmative, the official is to
set forth the following:
(1) The description of the property (street description).
(2) The amount received as a fee, commission or gratuity.
(3) Who received or participated in said fee or commission.
(4) The date of the variance.
(5) The owner of said property at the time of said variance.
(6) What the status was prior to and subsequent to the granting
of the variance.
(7) The market value prior to and market value subsequent
to said variance.
(8) The name of the applicant and the representative who presented
the application.
A. The Supervisor, his personal Clerk, the Director of Finance,
all members of the Town Board, all members and the Clerk of the Planning
Board, all members and the Clerk of the Zoning Board of Appeals, all
members and the Clerk of the Architecture and Community Appearance
Board of Review, all members and the Clerk of the Historic Areas Board
of Review, all members and the Clerk of the Board of Assessment Review,
the Director of the Office of Building, Zoning and Planning Administration
and Enforcement, the Superintendent of Highways, the Director of Sewers,
the Director of Parks and Recreation, the Chief of Police, Captain
and Lieutenants of the Police Department, the Assessor, the Town Clerk,
Deputy Town Clerk, Receiver of Taxes, Town Attorney and Deputy Town
Attorneys shall file annually every year on May 1, for the period
January 1 to December 31 of the prior year, a written report fully
disclosing:
[Amended 5-14-1977 by L.L. No. 6, 1977; 10-15-1991 by L.L. No.
22, 1991]
(1) The amount of each financial interest, direct or indirect,
including investment in and income from any business, company, firm,
corporation or other organization doing business with the Town, of
himself, his spouse and his unemancipated and minor children.
(2) Every office and directorship held by him in any such
company, firm, corporation or organization.
(3) Any other interest or relationship which he determines
in his discretion might reasonably by expected to be particularly
affected by legislative or administrative action or in the public
interest should be disclosed.
B. When the said interest of any such official or employee
changes during the course of any year, it shall be mandatory that
a new report be filed within 30 days of said change.
A. Such written reports are to be filed on forms which meet
with the approval of the Board of Ethics of the Town of Orangetown.
B. Said written reports are not to be a public record and
they shall be in the sole custody of the Board of Ethics but kept
in a sealed file in the office of the Town Clerk.
C. Any person who knowingly and intentionally makes a false
statement in the report may be fined, suspended or removed from office
or employment in the manner provided by law.
This local law shall take effect immediately.