[HISTORY: Adopted by the Town Board of the Town of East Hampton 12-2-1977 as Ch. 8 of
the 1977 Code. Amendments noted where applicable.]
§ 25-1 Legislative declaration.
§ 25-2 Definitions.
§ 25-3 Conflicts of interest prohibited.
§ 25-4 Exceptions.
§ 25-5 Disclosure of interest.
§ 25-6 Contracts void.
§ 25-7 Violations.
§ 25-8 Certain actions prohibited.
§ 25-9 Code of Ethics.
§ 25-10 Posting of Code of Ethics.
§ 25-11 Board of Ethics; powers and duties.
§ 25-12 Disclosure in certain applications.
§ 25-13 Further standards of conduct.
§ 25-14 Financial Disclosure Statement required.
§ 25-15 Public inspection of documents.
§ 25-16 Permissible claims or demands.
§ 25-17 Penalties for offenses.
§ 25-18 Severability.
§ 25-19 Effective date.
§ 25-1 Legislative declaration.
[Amended 10-1-1993 by L.L. No. 29-1993]
A.
Pursuant
to the provisions of § 806 of the General Municipal Law,
the Town Board of the Town of East Hampton recognizes that there are
rules of ethical conduct which must be observed if a high degree of
moral conduct is to be obtained and if public confidence is to be
maintained in our unit of local government. It is the purpose of this
local law to promulgate these rules of ethical conduct for the officers
and employees of the Town of East Hampton. These rules shall serve
as a guide for official conduct of the officers and employees of the
Town of East Hampton.
B.
The
rules of ethical conduct of this local law, as adopted, shall not
conflict with, but shall be in addition to, any prohibition of Article
18 of the General Municipal Law or any other general or special law
relating to ethical conduct and interest in contracts of municipal
officers and employees.
C.
Pursuant
to the provisions of § 811 of the General Municipal Law,
the Town Board of the Town of East Hampton hereby promulgates an annual
financial disclosure statement which shall be filled out by certain
Town officials and appointees. By having such officials and appointees
file financial disclosure statements, the Town Board seeks to prevent
conflicts of interest, identify potential conflicts of interest, and
resolve such conflicts of interest.
§ 25-2 Definitions.
When used in this code and unless otherwise expressly stated
or unless the context otherwise requires:
- CHIEF FISCAL OFFICER
- The Supervisor of the Town of East Hampton.
- COMMUNITY PRESERVATION FUND COMMITTEE
- The advisory board established to review and make recommendations
on proposed acquisitions of interests in real property using monies
from the Community Preservation Fund, as authorized in § 64-e
of the New York State Town Law.[Added 6-6-2003 by L.L. No. 13-2003]
- CONTRACT
- Any claim, account or demand against or agreement with a municipality, express or implied, and shall include the designation of a depository of public funds and the designation of a newspaper, including but not limited to an official newspaper, for the publication of any notice, resolution, ordinance or other proceeding where such publication is required or authorized by law.
- INTEREST
- A direct or indirect pecuniary or material benefit accruing to a Town officer or employee as the result of a contract with the Town which such officer or employee serves. For the purposes of this code, a Town officer or employee shall be deemed to have an interest in the contract of:
- A. His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves;
- B. A firm, partnership or association of which such officer or employee is a member or employee;
- C. A corporation of which such officer or employee is an officer, director or employee; and
- D. A corporation any stock of which is owned or controlled directly or indirectly by such officer or employee.
- MUNICIPALITY
- The Town of East Hampton, or a Town improvement district.
- MUNICIPAL OFFICER OR EMPLOYEE
- An officer or employee of the town, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a Town officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer.
- 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) a judicial order, decree or judgment,
or (b) a legally binding separation agreement.[Added 10-1-1993 by L.L. No. 29-1993]
- TREASURER
- The Town Supervisor, fire district treasurer, improvement district treasurer or other officer possessing similar powers and duties.
- UNEMANCIPATED CHILD
- Any son, daughter, stepson or stepdaughter who is under the
age of 18, unmarried and living in the household of the reporting
individual.[Added 10-1-1993 by L.L. No. 29-1993]
§ 25-3 Conflicts of interest prohibited.
A.
Except as provided in § 25-4 of this code and § 802 of the General Municipal Law:
[Amended 7-5-1991 by L.L. No. 14-1991; 10-1-1993 by L.L. No.
29-1993]
(1)
No municipal officer or employee shall have an interest in any contract
with the municipality of which he is an officer or employee when such
officer or employee, individually or as a member of a board, has the
power or duty to:
(2)
No chief fiscal officer, treasurer or his deputy or employee shall
have an interest in a bank or trust company designated as a depository,
paying agent or registration agent or for investment of funds of the
municipality of which he is an officer or employee.
(3)
No person shall serve as a Town of East Hampton Town Board member
and at the same time hold the position of chairperson or vice-chairperson
of the Town, County, state or national committee of a duly recognized
political party or any subdivision thereof. No person shall hold an
appointive office on the Town of East Hampton's Planning Board,
Zoning Board of Appeals, Architectural Review Board, Board of Assessment
Review, Community Preservation Fund Committee or Housing Authority
and at the same time hold a position as a committee member of the
Town, county, state or national committee of a duly recognized political
party or any subdivision thereof. For purposes of this section, a
person holding the office of chair, vice-chair, secretary, treasurer
or any other officer of any of the aforementioned committee(s) shall
be deemed to be a member of such committee(s). Persons holding such
political offices and elective or appointive Town offices at the time
of enactment of this statute may continue to hold such offices and
perform the duties thereof until the completion of their existing
terms.
[Amended 12-15-1995 by L.L. No. 15-1995; 5-19-2005 by L.L. No.
17-2005]
(a)
Any person who is a member of the aforementioned political committee(s)
shall deliver to the Town Clerk evidence of his or her resignation
from said political committee(s) within five days of taking the oath
of elective office or within five days of his or her appointment to
one of the aforementioned appointive entities, whichever occurs first.
(b)
Any person who is currently an elected Town official or a member
of any aforementioned appointive entity and who is currently a member
of any aforementioned political committee(s) shall deliver to the
Town Clerk evidence of his or her resignation from said political
committee within 20 days of the enactment of this local law.[1]
[1]
Editor's Note: "This local law" refers to L.L. No. 15-1995.
B.
The
provisions of this section shall in no event be construed to preclude
the payment of lawful compensation and necessary expenses of any municipal
officer or employment, the holding of which is not prohibited by law.
§ 25-4 Exceptions.
The provisions of § 25-3 of this code shall not apply to:
A.
General
exceptions.
(1)
The designation of a bank or trust company as a depository, paying
agent, registration agent or for investment of funds of a municipality
except when the chief fiscal officer, treasurer, or his deputy or
employee, has an interest in such bank or trust company; provided,
however, that where designation of a bank or trust company outside
the municipality would be required because of the foregoing restriction,
a bank or trust company within the municipality may nevertheless be
so designated.
(2)
A contract with a person, firm, corporation or association in which
a municipal officer or employee has an interest which is prohibited
solely by reason of employment as an officer or employee thereof,
if the remuneration of such employment will not be directly affected
as a result of such contract and the duties of such employment do
not directly involve the procurement, preparation or performance of
any part of such contract.
(3)
The designation of a newspaper, including but not limited to an official
newspaper, for the publication of any notice, resolution, ordinance
or other proceeding where such publication is required or authorized
by law.
(4)
The purchase by a municipality of real property or an interest therein,
provided the purchase and the consideration therefor is approved by
order of the Supreme Court upon petition of the governing board.
(5)
The acquisition of real property or an interest therein, through
condemnation proceedings according to law.
(6)
A contract with a membership corporation or other voluntary nonprofit
corporation or association.
(7)
The sale of bonds and notes pursuant to § 60.10 of the
Local Finance Law.
(8)
A contract in which a municipal officer or employee has an interest
if such contract was entered into prior to the time he was elected
or appointed as such officer or employee, but this paragraph shall
in no event authorize a renewal of any such contract.
B.
Additional
exceptions.
(1)
A contract with a corporation in which a municipal officer or employee
has an interest by reason of stock holdings when less than 5% of the
outstanding stock of the corporation is owned or controlled directly
or indirectly by such officer or employee.
(2)
[1]A contract for the furnishing of public utility services
when the rates or charges therefor are fixed or regulated by the Public
Service Commission.
[1]
Editor's Note: Former Subsection B(2), Health services
contracts, was repealed 10-1-1993 by L.L. No. 29-1993, which local
law also renumbered former Subsections B(3) through (6) as B(2) through
(5).
(3)
A contract for the payment of a reasonable rental of a room or rooms
owned or leased by an officer or employee when the same are used in
the performance of his official duties and are so designated as an
office or chamber.
(4)
A contract for the payment of a portion of the compensation of a
private employee of an officer when such employee performs part time
service in the official duties of the office.
(5)
A contract in which a municipal officer or employee has an interest
if the total consideration payable thereunder, when added to the aggregate
amount of all consideration payable under contracts in which such
person had an interest during the fiscal year, does not exceed the
sum of $100.
§ 25-5 Disclosure of interest.
A.
Any
municipal officer or employee who has, will have or later acquires
an interest in any actual or proposed contract with the municipality
of which he is an officer or employee shall publicly disclose the
nature and extent of such interest in writing to the governing body
thereof as soon as he has knowledge of such actual or prospective
interest. Such written disclosure shall be made part of and set forth
in the official record of the proceedings of such body. Once disclosure
has been made by an officer or employee with respect to an interest
in a contract with a particular person, firm, corporation or association,
no further disclosures need be made by such officer or employee with
respect to additional contracts with the same party during the remainder
of the fiscal year.
[Amended 10-1-1993 by L.L. No. 29-1993]
§ 25-6 Contracts void.
Any contract willfully entered into by or with a municipality
in which there is an interest prohibited by this code shall be null,
void and wholly unenforceable.
§ 25-7 Violations.
Any municipal officer or employee who willfully and knowingly
violates the foregoing provisions of this code shall be guilty of
a misdemeanor, as provided in § 805 of the General Municipal
Law.
§ 25-8 Certain actions prohibited.
[Amended 11-20-1998 by L.L. No. 39-1998; 6-6-2003 by L.L. No.
13-2003]
A.
No
municipal officer or employee shall:
(1)
Directly or indirectly, solicit any gift, or accept or receive any
gift having a value of $75 or more, whether in the form of money,
service, loan, travel, entertainment, hospitality, thing or promise,
or in any other form, under circumstances in which it could reasonably
be inferred that the gift was intended to influence him or her, or
could reasonably be expected to influence him or her, in the performance
of his of her official duties or was intended as a reward for any
official action on his or her part;
[Amended 9-3-2004 by L.L. No. 24-2004]
(2)
Disclose confidential information acquired by him in the course of
his official duties or use such information to further his personal
interests;
(3)
Receive, or enter into any agreement, express or implied, for compensated
and/or uncompensated services to be rendered in relation to any matter
before any municipal agency of which he is an officer, member or employee
or of any municipal agency over which he has the power to appoint
any member, officer or employee; or
(4)
Receive, or enter into any agreement, express or implied, for compensation
for services to be rendered in relation to any matter before any agency
of his municipality, whereby his compensation is to be dependent or
contingent upon any action by such agency with respect to such matter,
provided that this paragraph shall not prohibit the fixing at any
time of fees based upon the reasonable value of the services rendered.
B.
No
member of the Community Preservation Fund Committee, Board of Ethics
or the Nature Preserve Committee shall disclose confidential information
acquired by him or her in the course of his or her official duties
or use such information to further his or her personal interests.
[Amended 9-3-2004 by L.L. No. 24-2004]
C.
In
addition to any penalty contained in any other provision of law, any
person who shall knowingly and intentionally violate this section
may be fined, suspended or removed from office or employment in the
manner provided by law.
§ 25-9 Code of Ethics.
A.
The
Supervisor of the Town shall cause a copy of this Code of Ethics to
be distributed to every officer and employee of the Town of East Hampton.
Failure to distribute any such copy or failure of any officer or employee
to receive such copy shall have no effect on the duty of compliance
with this code, nor the enforcement of provisions thereof.
B.
The
Town Clerk shall maintain in his or her office as a record subject
to public inspection:
[Amended 10-1-1993 by L.L. No. 29-1993]
(1)
A copy of this Code of Ethics or any amendments adopted thereto within
30 days after the adoption of such code or such amendment.
(2)
A statement that such municipality has established a Board of Ethics,
in accordance with § 808 of the General Municipal Law and
the composition of such Board, within 30 days after the establishment
of such Board.
(3)
A copy of the form of annual statement of financial disclosure adopted
by the Town Board pursuant to this chapter, and a statement setting
forth the date of the local law which promulgated said annual statement
of financial disclosure.
(4)
A copy of the Town Clerk's annual filing with the State Legislature
in which the Town Clerk reports whether or not the Town has a code
of ethics in effect as of the filing date. Such filing is to be received
by the State Legislature on or before the 15th day of February of
each year.
§ 25-10 Posting of Code of Ethics.
The Supervisor of the Town shall cause a copy of this code to
be kept posted in each public building under the jurisdiction of the
Town in a place conspicuous to its officers and employees. Failure
to post any such copy shall have no effect on the duty of compliance
with this code nor with the enforcement of the provisions thereof.
§ 25-11 Board of Ethics; powers and duties.
[Amended 10-1-1993 by L.L. No. 29-1993]
A.
The Board of Ethics shall consist of seven members, one of whom shall
be an elected or appointed Town officer or employee and the remaining
six shall not be officers or employees of the Town. Such members shall
receive no salary or compensation for their services.
[Amended 3-1-2002 by L.L. No. 2-2002]
B.
The members of the Board of Ethics shall serve for four-year terms,
said terms to be staggered. A member's term of office shall run
from January 1 through December 31 four years hence. Appointments
shall be made at the Town Board's annual organizational meeting,
at which time the Town Board shall also appoint one member to serve
as Chair and one member to serve as Vice Chair.
C.
The Town Attorney shall serve as counsel to the Board of Ethics,
except he or she shall be excused when he or she or the Board of Ethics
determines that he or she has, or may reasonably appear to have, a
conflict of interest. In such event, substitute counsel shall be provided
in a timely fashion.
D.
The Board of Ethics may make recommendations to the Town Board with
respect to the drafting and adoption of the Code of Ethics or amendments
thereto upon the request of the Town Board or upon the initiative
of the members of the Board of Ethics.
E.
The Board of Ethics shall be the authorized repository for completed annual statements of financial disclosure which certain Town officials and appointees are required to file pursuant to § 25-14 of this chapter. The Board of Ethics shall have a designated location within the Town Clerk's office where such completed statements shall be kept.
F.
The Board of Ethics shall promulgate and operate under such rules
and regulations as it deems reasonable and necessary to administer
and fulfill its duties and functions as authorized in this chapter
and in Article 18 of General Municipal Law. The Board of Ethic's
rules and regulations shall be filed with the Town Board, and, unless
rejected or modified within 30 days, shall be operative. Such rules
and regulations shall include but not be limited to the procedure
whereby a person who is required to file an annual financial disclosure
statement may request an extension of time within which to file such
statement, due to justifiable cause or undue hardship, as well as
a date beyond which in all cases of justifiable cause or undue hardship
no further extension of time will be granted.
G.
Application for amendment of statement.
(1)
The Board of Ethics shall permit any person required to file a financial disclosure statement pursuant to § 25-14 to submit a written application asking the Board of Ethics:
(a)
To delete one or more items of information from the copy of
his or her financial disclosure statement which is made available
for public inspection.
(b)
To grant an exemption from any requirement to report one or
more items of information which pertain to such person's spouse
or unemancipated children.
(2)
Such application shall accompany the filing of the financial disclosure
statement. During the period of time that such application is pending
before the Board of Ethics, any information that is the subject or
a part of the application shall remain confidential.
(3)
The Board of Ethics shall consider the application and may delete
such information from public inspection or may exempt such information
pertaining to the spouse or unemancipated child upon a finding by
a majority of the total number of members of the Board of Ethics without
vacancy that the information which would otherwise be required to
be disclosed, or would otherwise be required to be provided, will
have no material bearing on the discharge of the reporting person's
official duties.
(4)
If such request is denied, the Board of Ethics shall so inform the
reporting person in writing. Upon receipt of such determination, the
reporting individual may request, and upon such request the Board
of Ethics shall provide, that any information which is the subject
or part of the application shall remain confidential for a period
of 30 days following notice of such determination. In the event the
reporting individual resigns his or her office and holds no other
position subject to the reporting requirements set forth in this chapter,
the information shall not be made public and shall be expunged in
its entirety.
(5)
The Board of Ethics' denial of a request pursuant to this subsection
shall become final 30 days after its issuance.
H.
The Board of Ethics shall inspect all of the filed financial disclosure statements to ascertain whether any person subject to the reporting requirement set forth in § 25-14 has failed to file such a statement, has filed a deficient statement, or has filed a statement which reveals a possible violation of this Code of Ethics or of Article 18 of the General Municipal Law.
I.
If a person required to file a financial disclosure statement with
the Board of Ethics has failed to file a disclosure statement or has
filed a deficient statement, the Board of Ethics shall notify the
reporting person in writing, state the failure to file or detail the
deficiency, provide the person with a fifteen-day period to make such
filing or cure such deficiency and advise the person of the penalties
for failure to comply with the reporting requirements. Such notice
shall be confidential. If the person fails to make such filing or
fails to cure the deficiency within the specified time period, the
Board of Ethics shall send a notice of delinquency to the reporting
person and to the Town Board.
J.
Violations.
(1)
If a reporting person has filed a financial disclosure statement
which reveals a possible violation of this Code of Ethics or Article
18 of General Municipal Law, or if the Board of Ethics receives a
sworn complaint alleging such a violation, or if the Board of Ethics
determines on its own initiative to investigate a possible violation,
the Board of Ethics shall notify the reporting person in writing,
describe the possible or alleged violation of this Code of Ethics
or Article 18 of General Municipal Law and provide the person with
a fifteen-day period in which to submit a written response setting
forth information relating to the activities cited as a possible or
alleged violation of law.
(2)
If the Board of Ethics thereafter makes a determination that further
inquiry is justified, it shall give the reporting individual an opportunity
to be heard. The reporting person shall be entitled to a hearing according
to due process procedures and subject to any applicable provisions
of law and collective bargaining agreements.
(3)
If the Board of Ethics determines at any stage of the proceeding
that there is no violation or that any potential conflict of interest
violation has been rectified, the Board of Ethics shall so advise
the reporting person and the complainant, if any. All of the foregoing
proceedings shall be confidential.
(4)
If the Board of Ethics determines, pursuant to the hearing, that there is reasonable cause to believe that a violation has occurred, it shall send a notice of reasonable cause to the reporting person, to the complainant, if any, and to the Town Board. In its discretion, the Ethics Board may recommend to the Town Board disciplinary action. In addition, if the Board of Ethics determines pursuant to such hearing, that a reporting individual has knowingly and willfully failed to file an annual statement of financial disclosure, or has knowingly and willfully with intent to deceive made a false statement or given information that such individual knows to be false on a statement of financial disclosure filed pursuant to § 25-14, the Board of Ethics shall recommend to the Town Board an amount, not to exceed $10,000, to be assessed against the reporting individual.
(5)
The Town Board shall receive the recommendation(s) of the Ethics
Board. The Board may review the findings of fact and the record, if
any, as shall be made available to it by the Ethics Board. The Town
Board may take such disciplinary action, impose such penalties as
provided in this chapter, or make a recommendation that the matter
be referred to the appropriate prosecuting authority, as it deems
to be appropriate and just. If the Town Board determines to assess
a civil penalty, it shall provide the reporting person with a notice
of civil assessment. Said assessment of civil penalty shall become
final 30 days after the notice of civil assessment is issued.
K.
Advisory opinions.
(1)
The Board of Ethics shall render advisory opinions solely to officers
and employees of the Town with respect to this Code of Ethics and
Article 18 of the General Municipal Law. Such advisory opinions shall
be rendered pursuant to the written request of an affected individual
officer or employee of the town, the initiative of the Board of Ethics
or pursuant to a resolution of the Town Board. Such advisory opinions
shall be rendered under such rules and regulations as the Board of
Ethics may prescribe.
(2)
An opinion rendered by the Board of Ethics, unless and until amended
or revoked, shall be binding on the Board of Ethics in any subsequent
proceeding concerning the person who requested the opinion and who
acted in good faith, unless material facts were omitted or misstated
by the person in the request for an opinion.
(3)
A request for an advisory opinion shall be confidential, but the
Board of Ethics may publish such opinions, provided that the name
of the requesting person and other identifying details are not included
in the publication. The Board of Ethics shall endeavor, to the extent
practicable, to publish its advisory opinions, so as to assist Town
officers and employees in complying with applicable laws.
(4)
The Town Board shall, within 45 days of an advisory opinion sent
to them by the Board of Ethics, respond in writing and state the sum
and substance the Town Board's intention with respect to advisory
opinion.
[Added 9-3-2004 by L.L. No. 24-2004]
L.
The Board of Ethics shall make available to all officers and employees
of the Town copies of this law, all applicable forms adopted by the
Town Board and such state statutes which it believes may be of assistance
to the officers and employees in complying with applicable ethics
provisions.
M.
The Board of Ethics shall make an annual report of its activities
to the Town Board.
N.
The Board of Ethics shall have such other powers and duties as shall
be provided by or pursuant to Article 18, as amended, of the General
Municipal Law of the State of New York and as may be requested by
the Town Board.
§ 25-12 Disclosure in certain applications.
A.
Every application, petition or request submitted for a variance,
amendment, change of zoning, approval of a plat, exemption from a
plat or official map, license or permit, pursuant to the provisions
of any ordinance, local law, rule or regulation constituting the zoning
and planning regulations of a municipality[1] shall state the name, residence and the nature and extent
of the interest of any state officer or any officer or employee of
such municipality or of a municipality of which such municipality
is a part, in the person, partnership or association making such application,
petition or request (hereinafter called the applicant) to the extent
known to such applicant.
B.
For the purpose of this section, an officer or employee shall be
deemed to have an interest in the applicant when he, his spouse or
their brothers, sisters, parents, children, grandchildren or the spouse
of any of them:
[Amended 10-1-1993 by L.L. No. 29-1993]
(1)
Is the applicant;
(2)
Is an officer, director, partner or employee of the applicant;
(3)
Legally or beneficially owns or controls stock of a corporate applicant
or is a member of a partnership or association applicant; or
(4)
Is a party to an agreement with such an applicant, express or implied,
whereby he may receive any payment or other benefit, whether or not
for services rendered, dependent or contingent upon the favorable
approval of such application, petition or request.
C.
Ownership of less than 5% of the stock of a corporation whose stock
is listed on the New York or American Stock Exchanges shall not constitute
an interest for the purposes of this section.
D.
A person who knowingly and intentionally violates this section shall
be guilty of a misdemeanor as provided in § 809 of the General
Municipal Law.
E.
The affidavit form to be submitted pursuant to Subsection A of this section shall be as follows:
[Amended 10-1-1993 by L.L. No. 29-1993]
|
STATE OF NEW YORK
COUNTY OF SUFFOLK
|
)
)
)
| ||
|
.................... being duly sworn deposes and says that
he (or) she is .................... Owner or Agent for Owner of the
property above described. That all statements made in this application
are true to the best of his (or) her knowledge and belief, except
as to any matter therein stated to be alleged on information and belief,
as to such matters he (or) she believes the same to be true, and that
any accompanying or attached map is substantially correct.
| |||
|
The undersigned further states that no state officer, or employee of the Town of East Hampton (nor any such officer's or employee's spouse, brother, sister, parent, child, grandchild or the spouse of any of them), has an interest, direct or indirect, in the person, partnership or association making the application. (If such an interest exists, the nature and extent of the interest must stated. "Interest" is further defined in Section 25-12B of the East Hampton Town Code.)
| |||
|
Signature
Please Print Name
| |||
|
Sworn to before me this ____day of ______, 19___
| |||
|
Notary Public, Suffolk County
| |||
§ 25-13 Further standards of conduct.
Every officer or employee of the Town of East Hampton shall
be subject to and abide by the following standards of conduct:
A.
Disclosure of interest in legislation. To the extent that he knows
thereof, a member of the Town Board and any officer or employee of
the Town of East Hampton, whether paid or unpaid, who participates
in the discussion or gives official opinion to the Town Board on any
legislation before the Town Board shall publicly disclose on the official
record the nature and extent of any direct or indirect financial or
other private interest he has in such legislation.
B.
Investments in conflict with official duties. He shall not invest
or hold any investment directly or indirectly in any financial business,
commercial or other private transaction, which creates a conflict
with his official duties.
C.
Private employment. He shall not engage in, solicit, negotiate for
or promise to accept private employment or render services for private
interests when such employment or service creates a conflict with
or impairs the proper discharge of his official duties.
D.
Future employment. He shall not, after the termination of service
or employment with such municipality, appear before any board or agency
of the Town of East Hampton in relation to any case, proceeding or
application in which he personally participated during the period
of his service or employment or which was under his active consideration.
E.
Notwithstanding the foregoing provisions of this section, no officer
or employee of the Town of East Hampton shall be deemed or found to
be in violation of the provisions of this section solely by reason
of his or her status or employment as a licensed professional providing
professional services to members of the public or to the private section
in general as said services relate to any privately owned or held
real or personal property within the Town of East Hampton, unless
the municipal actions of said officer or employee shall or may have
a direct effect upon said privately owned or held real or personal
property, and the municipal action is taken by said officer or employee
while in the employ of any individual, firm or entity owning or having
any proprietary interest in the real or personal property so affected.
[Added 2-4-1983]
§ 25-14 Financial Disclosure Statement required.
[Added 10-1-1993 by L.L. No. 29-1993]
A.
Pursuant to the authority granted in § 811 of General Municipal
Law, the Town Board has promulgated a form of annual statement of
financial disclosure.
B.
Beginning in the calendar year 1994, on an annual basis on or before
the 31st day of January of each year or within 30 days of taking office,
whichever shall occur first, the following persons shall file a statement
of financial disclosure with the Town's Board of Ethics:
[Amended 12-15-1995 by L.L. No. 16-1995; 11-20-1998 by L.L. No.
39-1998; 4-18-2002 by L.L. No. 8-2002]
(1)
All elected Town officials.
(2)
All department and division heads.
(3)
All members of, and all regular legal counsel assigned to, the East
Hampton Town Trustees, the Planning Board, Zoning Board of Appeals,
Board of Assessment Review, Architectural Review Board and Licensing
Review Board.
(4)
All appointed employees with the exception of secretarial staff.
C.
The Town Clerk shall provide the statement of financial disclosure
form to each person required to complete said form.
D.
The annual statement of financial disclosure shall contain the information
and shall be in the form set forth hereinbelow:
[Amended 12-16-1994 by L.L. No. 17-1994; 12-15-1995 by L.L. No.
16-1995; 4-18-2002 by L.L. No. 8-2002]
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ANNUAL FINANCIAL DISCLOSURE STATEMENT
FOR EAST HAMPTON ELECTED OFFICIALS
AND CERTAIN OTHER EMPLOYEES
FOR CALENDAR YEAR 20__
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Please answer each of the following questions completely. If
a question is not applicable, please write N.A. If additional space
is needed, please attach additional pages. Please print or type.
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1.
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Name:
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2.
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a.
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Title of position:
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b.
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Department, Agency or Board:
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c.
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Date first elected/appointed to said position:
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d.
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Daytime telephone number:
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e.
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Home telephone number:
l | ||
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3.
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a.
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Marital status. If married, please give spouse's full name
(maiden name where applicable).
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b.
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List names of all unemancipated (under 18) children:
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4.
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Real estate ownership. List the address, Tax Map number (section,
block, lot) and use of each piece of property that you, your spouse
and/or your unemancipated (under 18) children own in which such person
has a financial interest including corporate or partnership interest.
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Tax Map Number and Street Address
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Owner(s), (Self, Spouse, Child)
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State Use: (Vacant/Commercial Residential/ Industrial/Other)
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Acreage
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|---|---|---|---|---|
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_________ _________
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_____________
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_______________
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_______
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_________ _________
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_____________
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_______________
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_______
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_________ _________
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_____________
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_______________
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_______
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Attach separate list, if necessary.
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5.
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Real estate subsidy. If you or anyone who is your tenant receives
a subsidy from or through the Town of East Hampton, such as but not
limited to the HUD Section 8 Rental Assistance Program, Community
Development Home Improvement Program or New York State Affordable
Housing Corporation Programs on any of the property mentioned in 4
above, please provide the following information.
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Tax Map Number and Street Address
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Title of Subsidized Program
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Name of Program Participant
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|---|---|---|---|
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l |
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6.
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Employment. List the name, address and description of any occupation,
employment, trade, business or profession engaged in by you or your
spouse. Include Town position and self-employment from which you and
your spouse have earned gross income in excess of $2,000.00 during
the calendar year.
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a.
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Name and Address of Employment
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Your Position
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Description
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|---|---|---|---|---|
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b.
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Name and Address of Employment
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Spouse's Position
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Description
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|---|---|---|---|---|
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7.
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List any office, trusteeship, directorship, partnership or position
of any nature, including honorary positions, whether compensated or
not, held by you or your spouse in any corporation, association, partnership,
proprietary or not-for-profit organization. Do not include memberships
in any of the above.
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a.
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Position
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Organization
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Address
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b.
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Spouse's Position
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Organization
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Address
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|---|---|---|---|---|
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8.
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Business interests. List the name, principal address and general
description of the nature of any business activity of a limited partnership,
corporation or other business in which you or your spouse individually
or jointly owns or controls more than a five-percent interest.
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Name of Business
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Address
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Nature of Business
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a.
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Your ownership:
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_________ _________ _________ _________
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__________ __________ __________ __________
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__________ __________ __________ __________
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b.
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Spouse's ownership:
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_________ _________ _________
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__________ __________ __________
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__________ __________ __________
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9.
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Other business relationships. List the name, principal address
and general description or the nature of the business activity of
any entity in which you or your spouse has an investment in excess
of $1,000, excluding investments in securities and mutual funds.
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a.
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Your ownership:
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Entity __________ __________
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Address__________ __________
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Nature of Business__________ __________
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b.
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Spouse's ownership:
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__________
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__________ __________ __________
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__________
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10.
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Financial interest in contracts. List any contract(s) made between
the Town and one or more of the following: you; your spouse; your
child; any partnership in which you, your spouse or your child is
a member; and/or any corporation in which 5% or more of the stock
is owned or controlled by you, your spouse or your child. Indicate
if you, your spouse or your child receive any direct or indirect pecuniary
or material benefit from such contract(s).
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Self/Spouse Child or Partnership/
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Entity in Which Interest is Held (Self/Spouse/Child/ Partnership
or Corporation)
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Relationship To Entity
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Interest in Contract Corporation (Yes or No)
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|---|---|---|---|---|---|
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11.
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Licensed professionals. If you or your spouse practice law or
are licensed by the Department of State as a real estate broker or
agent or practice a profession licensed by the Department of Education*,
provide a general description of the principal subject areas of your
practice. If you or your spouse practice with a firm or corporation
and you are a partner or shareholder of the firm or corporation, provide
a general description of the principal subject areas of matters undertaken
by such firm or corporation. Do not list the name of the individual
clients, customers or patients.
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a.
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Your Position
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Description of Principal Subject Areas
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b.
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Spouse's Position
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Description of Principal Subject Area
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* The following professions are licensed by the Department of
Education: Medicine; Physical Therapy and Physical Therapist Assistants;
Physician's Assistants and Special Assistants; Chiropractic;
Dentistry and Dental Hygiene; Veterinary Medicine and Animal Health
Technology; Pharmacy; Nursing; Podiatry, Ophthalmic Dispensing; Engineering
and Land Surveys; Architecture; Landscape Architecture; Public Accountancy;
Shorthand Reporting; Psychology; Social Work, Massage; Occupational
Therapy; and Speech-Language Pathologists and Audiologists; describe
in general terms the principal subject areas of your practice.
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12.
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a.
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If you are a member of the Town Board, Board of Assessment Review,
Architectural Review Board, Zoning Board of Appeals, Planning Board,
Housing Authority or Licensing Review Board, or if you are regular
legal counsel to one or more of the aforementioned boards, please
list the names of any clients or customers who have applications currently
pending before your board and/or who have had applications pending
before your board within the last 12 months.
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b.
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With regard to the persons listed in 11.a., please describe
the services rendered by you to said persons.
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13.
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List any appearance you or your spouse made before a Town agency
or Board, representing a private interest, or any appearance made
by you in any litigation brought against the Town in the past year.
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a.
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List for yourself:
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NAME OF BOARD, AGENCY OR COURT APPEARED BEFORE
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NAME OF LITIGATION, APPLICATION OR TOPIC REGARDING YOUR
APPEARANCE
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TYPE OF WORK PERFORMED
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b.
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List for your spouse:
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NAME OF BOARD, AGENCY OR COURT APPEARED BEFORE
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NAME OF LITIGATION, APPLICATION OR TOPIC REGARDING YOUR
APPEARANCE
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TYPE OF WORK PERFORMED
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14.
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List any financial interest of yours or your spouse's in
the sale of a service or the sale of personal property or real property
to the town.
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a.
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List for yourself:
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NAME OF SERVICE OR PROPERTY
(list map number if applicable)
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DESCRIPTION OF TRANSACTION
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b.
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List for your spouse:
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NAME OF SERVICE OR PROPERTY
(list map number if applicable)
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DESCRIPTION OF TRANSACTION
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I have read the foregoing and swear under penalty of perjury
that, to the best of my knowledge and belief, the information I have
given and the conditions to which I have agreed are true.
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Signature
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Please Print Name
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Sworn to before me this day
of, 199
.
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Notary Public
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§ 25-15 Public inspection of documents.
[Amended 10-1-1993 by L.L. No. 29-1993]
A.
As provided in § 813 of General Municipal Law, the records
of the Board of Ethics which shall be available for public inspection
are:
B.
An annual statement of financial disclosure shall be available for
public inspection on or after the first day of March of each year
or after 30 days of submission of such statement, whichever shall
occur later.
C.
Whenever an application for public inspection of financial disclosure
statements is made, the Town Clerk shall provide a copy of such application
to the Town officer, appointee or employee whose statement is sought.
The procedure for responding to such application for public inspection
shall be that set forth in Article 7 of the Public Officers Law.
§ 25-16 Permissible claims or demands.
Nothing herein shall be deemed to bar or prevent the timely
filing by a present or former municipal officer or employee of any
claim, account, demand or suit against the Town of East Hampton, or
any agency thereof on behalf of himself or any member of his family
arising out of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
§ 25-17 Penalties for offenses.
[Added 10-1-1993 by L.L. No. 29-1993]
In addition to any penalty contained in any other provision
of law, any individual who knowingly and willfully fails to file an
annual statement of financial disclosure, or who knowingly or willfully,
with intent to deceive, makes a false statement or gives information
which such individual knows to be false on such statement of financial
disclosure, or who is determined to have knowingly and willfully violated
this Code of Ethics, may be assessed a civil penalty in an amount
not to exceed $10,000, may be suspended, dismissed, removed from office
or employment, or otherwise disciplined, as the case may be, in the
manner provided by law; provided, however, that no penalty may be
imposed hereunder or under any other provision of the law in the event
any amount or category of value which may be set forth in a financial
disclosure statement is incorrect unless such reported information
is knowingly understated.
§ 25-18 Severability.
[Added 10-1-1993 by L.L. No. 29-1993]
The provisions of this chapter are severable. If any provision
of this chapter or its application to any person or circumstances
is held invalid, said invalidity shall not affect any other provision
or application of this chapter which can be given effect without the
invalid provision or application of the chapter.
§ 25-19 Effective date.
[Added 10-1-1993 by L.L. No. 29-1993]
This local law shall take effect immediately upon filing with
the Secretary of State as provided by law.