The purposes of this chapter are:
A. To establish standards of ethical conduct for officers,
employees and consultants of the Town;
B. To provide officers and employees of the Town, whether
elected or appointed, paid or volunteer, with clear guidance on such
standards;
C. To promote public confidence and integrity in the
agencies, administrative offices of our local government;
D. To facilitate the consideration of potential ethical
problems before they arise, to minimize unwarranted suspicion, and
to enhance the accountability of government to the people by requiring
public disclosure of financial interests that may influence or be
perceived to influence the actions of Town officers and employees;
and
E. To provide for the fair and effective administration
of this chapter.
Unless otherwise stated or unless the context
otherwise requires, the following terms shall, for the purpose of
this chapter, have the meaning herein indicated:
APPEAR AND APPEAR BEFORE
Communicating in any form, including, without limitation,
personally, through another person, by letter, or by telephone.
CONTRACTUAL GOODS/SERVICES
Any work performed or goods delivered by the Town officer
to another person under mutual agreement of the two parties and provided
the transaction has been finalized, without dispute, by the two parties.
Retail sales shall be excluded from this provision.
CUSTOMER OR CLIENT
Any person for whom a Town officer or employee has directly
supplied contractual goods/services during the previous 24 months.
Retail sales shall be excluded from this provision.
ETHICS BOARD
The Ethics Board of the Town of Hurley established pursuant to §
17-8 of this chapter.
GIFT AND FINANCIAL BENEFIT
Includes any money, service, license, permit, contract, authorization,
loan, travel, entertainment, hospitality, or any promise thereof,
or any other gratuity or promise thereof or anything of value. 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. "Gift" and "financial
benefit" do not include campaign contributions authorized by law.
MINISTERIAL ACT
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
OUTSIDE EMPLOYER OR BUSINESS
A.
Any activity, other than service to the Town,
from which the Town officer or employee receives compensation for
services rendered or goods sold or produced;
B.
Any entity, other than the Town, of which the
Town officer or employee is a member, officer, director, or employee
and from which he/she receives compensation for services rendered
or goods sold or produced; or
C.
Any entity in which the Town officer or employee
has an ownership interest, except a corporation of which the Town
officer or employee owns less than 5% of the outstanding stock.
D.
For purposes of this definition, "compensation"
shall not include reimbursement for necessary expenses, including
travel expenses.
PERSON
Both individuals and entities.
RELATIVE/IMMEDIATE FAMILY MEMBER
A spouse, significant other, child, or a person claimed as
a dependent on the Town officer's or employee's latest individual
state income tax return.
SIGNIFICANT OTHER
An individual of the opposite or same sex living in shared
quarters for the purpose of constituting a family unit.
SUBORDINATE OF A TOWN OFFICER OR EMPLOYEE
Another Town officer or employee over whose activities he/she
has direction, supervision, or control, except those who serve in
positions that are in the exempt classification under § 41
of the Civil Service Law of the State of New York or in the unclassified
service under Subdivisions (a) through (f) of § 35 of that
law.
TOWN
The Town of Hurley but shall not include the Town justice
court.
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town, whether paid or unpaid,
and includes, without limitation, all members of any office, board,
body, advisory board, council, commission, agency, department, district,
administration, division, bureau, or committee of the Town. "Town
officer or employee" shall not include: a judge, justice, officer,
or employee of the court system.
Any person aggrieved by a decision of the Ethics
Board may seek judicial review and relief pursuant to Article 78 of
the Civil Practice Law and Rules of the State of New York.
Wherever the requirements of this chapter are
inconsistent with the provisions of § 808 of the General
Municipal Law, the more restrictive provision, or those imposing higher
standards shall govern.