Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Southold, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (7) Index Notes (1)
Town officials and employees must exercise their official duties solely in the public interest and must avoid conflicts of interest or the appearance of conflicts of interests to the greatest extent possible.
Town officers and employees shall not knowingly acquire, solicit, negotiate for or accept any interest, employment or other thing of value which would put them in violation of this Code of Ethics.
[Amended 3-23-2021 by L.L. No. 5-2021]
A. 
A Town officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in compensation for any of the following persons:
(1) 
The Town officer or employee.
(2) 
His or her outside employer or business or that of a member of his or her household.
(3) 
A member of his or her household.
(4) 
A customer or client.
(5) 
A relative.
B. 
Consultants.
(1) 
Except as provided in Subsection B(2), (3) and (4) below, to avoid potential conflicts of interest, a Town consultant shall not appear on behalf of any other client before the Town or any agency thereof during the period of service to the Town by the consultant. The Town shall specify the restriction in any written contracts entered into between the Town and consultants. However, failure of the contract to state the restriction shall not affect the enforcement of this section of the Town's Ethics Code.
(2) 
The restrictions contained in this chapter shall not apply to consultants which:
(a) 
Operate a business located within the Town and have been retained by the Town to perform a contract valued at $25,000 or less; or
(b) 
Have a written contract with the Town in which the Town Board has expressly authorized an exemption for the consultant from the provisions of the Town's Ethics Code; or
(c) 
Have received a special waiver from the Town's Ethics Board pursuant to Subsection B(4) of this section.
(3) 
Nothing in this subsection shall be construed to prohibit a consultant from:
(a) 
Appearing on his own behalf, or on behalf of the Town, before a Town agency.
(b) 
Seeking or obtaining a ministerial act from an administrative officer; or
(c) 
Receiving a Town service or benefit, or using a Town facility, on the same terms on which such service, benefit or facility is available to the public.
(4) 
Special waiver. A consultant may make appearances before Town agencies otherwise prohibited by this section, upon written approval of the Ethics Board and the consent of the involved Town agencies. The Ethics Board shall consider such approval on a case-by-case basis taking into account for such findings the following criteria:
(a) 
The general expertise of the consultant.
(b) 
The expertise of the consultant vis a vis the particular matter.
(c) 
The extent of the consultant's involvement both for the Town and for the private client(s).
(d) 
The extent of the fees, past or future, to be paid to the consultant by the Town.
(e) 
The impact such appearances may have on the public trust.
(f) 
The statement of necessity from the involved Town agency.
(g) 
Such findings shall be detailed in writing by the Ethics Board and filed with the office of the Town Clerk.
A Town officer or employee shall promptly recuse himself or herself from voting, advising or otherwise taking discretionary action on a matter before the Town when acting on the matter or failing to act on the matter may financially benefit any of the persons listed in § 26-5 of this chapter.
Whenever a Town officer or employee is required to recuse himself or herself under this Code of Ethics:
A. 
He or she shall promptly inform his or her superior, if any.
B. 
A member of a board shall state the general nature and extent of the conflict of interest upon the public record of the board.
C. 
He or she shall immediately refrain from participating further in the matter.
No Town official or employee or member of any official or employee's family shall, directly or indirectly, solicit, accept or receive any gift under circumstances from which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part.
A. 
A Town officer or employee shall not represent any other person in any matter that said person has before the Town nor represent any other person in any matter against the interest of the Town.
B. 
No relative (as defined in § 26-2) of a sitting Town Board member shall represent any other person in any matter that said person has before the Town nor represent any other person in any matter against the interest of the Town.
[Added 2-3-2004 by L.L. No. 5-2004]
[Amended 2-3-2004 by L.L. No. 5-2004]
A Town officer or employee or any relative (as defined in § 26-2) of a Town Board member shall not appear before or exert influence over any board or department of the Town, except on his or her own behalf or on behalf of the Town.
Town officers and employees and former Town officers and employees shall not disclose any confidential information or use it to further anyone's personal interests.
[Added 3-23-2021 by L.L. No. 5-2021[1]]
A. 
No person shall engage in any political activities on any Town premises at any time. Such prohibited activities include but are not limited to the following:
(1) 
Sales or purchases of tickets to political events.
(2) 
Discussion of tickets to political events.
(3) 
Solicitation to join a political party or activity.
(4) 
Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political considerations.
(5) 
Solicitation of funds or goods or services for political purposes.
(6) 
Use of Town taxpayer-funded equipment, computers, internet, email, telephones and supplies for political activity.
B. 
No person having supervisory control or who is superior in title to any official or employee of the Town shall engage in any of the following actions with subordinates at any time on or off Town premises:
(1) 
Discussion of or solicitation of ticket purchases or sales.
(2) 
Solicitation to join a political party or political activity.
(3) 
Use of political considerations in discussing duties, positions, compensation, changes in titles or work assignments.
(4) 
Use of political considerations as the reason for promotions, assignment changes, demotions or termination.
[1]
Editor’s Note: This local law also repealed former § 26-12, Political solicitation.
[Added 2-3-2004 by L.L. No. 5-2004[1]; 3-23-2021 by L.L. No. 5-2021]
No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals, Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman, alternate committeeperson, or the officer of a political party committee.
[1]
Editor's Note: This local law also provided that: "compliance with § 26-13 shall be completed 60 days from the effective date of this local law."
[Amended 2-3-2004 by L.L. No. 5-2004]
A Town officer or employee shall not appear or practice before the Town as to particular matters on which the Town officer or employee personally worked while in Town service, unless acting in response to a request by the appropriate official for the sole purpose of providing information. A Town officer or employee shall not appear or practice before the board or department in which he or she previously served, except on his or her own behalf, for a period of two years after the termination of his or her municipal service or employment. Nothing herein shall prohibit the Town itself from retaining the services of a former Town officer or employee or a firm or corporation in which such former Town officer or employee currently is employed.
A Town officer or employee shall not induce or aid another officer or employee of the Town to violate any of the provisions of this Code of Ethics.
[Amended 3-23-2021 by L.L. No. 4-2021]
The provisions of Article II shall not prohibit or require recusal as a result of the following:
A. 
An action specifically authorized by statute, rule or regulation of the Town of Southold, the State of New York or of the United States.
B. 
A ministerial act.
C. 
Gifts:
(1) 
Received by the Town officer or employee from his or her parent, spouse or child.
(2) 
Having an aggregate value of $500 or less during any twelve-month period.
(3) 
Accepted on behalf of the Town and transferred to the Town.
D. 
Gifts or benefits having a value of $100 or less that are received by a Town officer or employee listed in § 11 of the Domestic Relations Law for the solemnization of a marriage by that officer or employee at a place other than his or her normal place of business or at a time other than his or her normal hours of business.
E. 
Awards from charitable organizations.
F. 
Receipt of Town services or benefits or use of Town facilities that are generally available on the same terms and conditions to residents or a class of residents in the Town.
G. 
Representation of constituents by elected officials without compensation in matters of public advocacy.
H. 
Members of the Historic Preservation Commission, that hold professional licenses, appearing on behalf of and/or representing others before Town boards, commissions, committees, or departments, provided that the subject matter of the appearance or representation is not also within the jurisdiction of the Historic Preservation Commission.