[Added 8-16-1976 by L.L. No. 8, 1976]
[1]
Editor's Note: Former Article II, Conflict of Interest, adopted 9-8-1975 by L.L. No. 8, 1975, amended 2-9-1976 by L.L. No. 1, 1976, and 3-8-1976 by L.L. No. 2, 1976, was repealed 4-12-1976 by L.L. No. 4, 1976.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:
(1) 
Date of transaction.
(2) 
Description of property.
(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.