[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.]
[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.
When used in this code and unless otherwise
expressly stated or unless the context otherwise requires:
The Supervisor of the Town of East Hampton.
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]
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.
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:
His spouse, minor children and dependents, except
a contract of employment with the municipality which such officer
or employee serves;
A firm, partnership or association of which
such officer or employee is a member or employee;
A corporation of which such officer or employee
is an officer, director or employee; and
A corporation any stock of which is owned or
controlled directly or indirectly by such officer or employee.
The governing boards of the Town of East Hampton: Town Board
and the Board of Trustees; and the administrative boards of the Town
of East Hampton: Planning Board, Zoning Board of Appeals, Architectural
Review Board, Board of Assessment Review, Community Preservation Fund
Committee, Board of Ethics, Licensing Review Board and Housing Authority.
[Added 12-21-2021 by L.L. No. 26-2021]
The Town of East Hampton, or a Town improvement district.
An officer or employee of the town, whether paid or unpaid,
including members of a municipal board. 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.
[Amended 12-21-2021 by L.L. No. 26-2021]
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]
The Town Supervisor, fire district treasurer, improvement
district treasurer or other officer possessing similar powers and
duties.
Any child or stepchild 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; amended 12-21-2021 by L.L. No. 26-2021]
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 a Town of East Hampton Municipal
Board 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; 12-21-2021 by L.L. No. 26-2021]
(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 a Town of East Hampton Municipal Board, whichever occurs first.
(b)
Any person who is currently an elected Town official
or a member of a Town of East Hampton Municipal Board 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.
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 a municipal officer or employee
when the same are used in the performance of his official duties and
are so designated as an office or chamber.
[Amended 12-21-2021 by L.L. No. 26-2021]
(4)
A contract for the payment of a portion of the compensation
of a private employee of a municipal officer when such employee performs
part time service in the official duties of the office.
[Amended 12-21-2021 by L.L. No. 26-2021]
(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.
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 a municipal officer or employee shall
publicly disclose the nature and extent of such interest in writing
to the governing body thereof as soon as he or she 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 a municipal 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; 12-21-2021 by L.L. No. 26-2021]
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.
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.
[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:
[Amended 9-3-2004 by L.L. No. 24-2004; 12-21-2021 by L.L. No.
26-2021]
(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 or her official duties or was intended as
a reward for any official action on his or her part;
(2)
Disclose confidential information acquired by him
in the course of his or her official duties or use such information
to further his or her 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 or she is an
officer, member or employee or of any municipal agency over which
he or she 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 or her municipality, whereby his or her 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.
[Amended 10-1-1993 by L.L. No. 29-1993; 12-21-2021 by L.L. No. 26-2021]
A.
The Supervisor of the Town shall promptly cause a copy of this Code
of Ethics to be distributed to every municipal officer and employee
of the Town of East Hampton, upon employment or appointment with the
Town. The Supervisor of the Town shall promptly cause a copy of any
amendment to the Code of Ethics to be distributed to every municipal
officer and employee of the Town of East Hampton upon adoption of
such amendment. 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 Supervisor of the Town shall promptly 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 municipal officers and employees,
and shall promptly post a copy of any amendment to the Code upon adoption
of such amendment. 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.
C.
The Town Clerk shall maintain in his or her office as a record subject
to public inspection:
(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.
[1]
Editor's Note: Former § 25-10, Posting of Code of
Ethics, was repealed 12-21-2021 by L.L. No. 26-2021.
[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.
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 or she,
his or her 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; 12-21-2021 by L.L. No. 26-2021]
(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 or she 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; 12-21-2021 by L.L. No. 26-2021]
|
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 be 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 ______, 20___
| |||
|
Notary Public, Suffolk County
| |||
[Amended 12-21-2021 by L.L. No. 26-2021]
Every municipal 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 or she
knows thereof, a member of the Town Board and any municipal 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 or she 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 or she 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 or she shall not, after the termination of
service or employment with such municipality represent or render services
to a private person or organization in connection with any particular
transaction in which he or she personally and substantially participated
while serving as a municipal officer or employee.
E.
Notwithstanding the foregoing provisions of this section, no municipal
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 municipal 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
municipal 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 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]
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]
|
ANNUAL FINANCIAL DISCLOSURE STATEMENT
FOR EAST HAMPTON ELECTED OFFICIALS
AND CERTAIN OTHER EMPLOYEES
FOR CALENDAR YEAR 20__
| |||
|
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.
| |||
|
1.
|
Name:
| ||
|
2.
|
a.
|
Title of position:
| |
|
b.
|
Department, Agency or Board:
| ||
|
c.
|
Date first elected/appointed to said position:
| ||
|
d.
|
Daytime telephone number:
| ||
|
e.
|
Home telephone number:
l | ||
|
3.
|
a.
|
Marital status. If married, please give spouse's
full name (maiden name where applicable).
| |
|
b.
|
List names of all unemancipated (under 18) children:
| ||
|
4.
|
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.
| ||
|
Tax Map Number and Street Address
|
Owner(s), (Self, Spouse, Child)
|
State Use: (Vacant/Commercial Residential/
Industrial/Other)
|
Acreage
| |
|---|---|---|---|---|
|
_________ _________
|
_____________
|
_______________
|
_______
| |
|
_________ _________
|
_____________
|
_______________
|
_______
| |
|
_________ _________
|
_____________
|
_______________
|
_______
| |
|
Attach separate list, if necessary.
| ||||
|
5.
|
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.
|
|
Tax Map Number and Street Address
|
Title of Subsidized Program
|
Name of Program Participant
| |
|---|---|---|---|
|
|
|
| |
|
|
|
| |
|
l |
|
|
|
6.
|
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.
|
|
a.
|
Name and Address of Employment
|
Your Position
|
Description
| |
|---|---|---|---|---|
|
| ||||
|
b.
|
Name and Address of Employment
|
Spouse's Position
|
Description
| |
|---|---|---|---|---|
|
| ||||
|
7.
|
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.
| |||
|
a.
|
Position
|
Organization
|
Address
| |
|
| ||||
|
b.
|
Spouse's Position
|
Organization
|
Address
| |
|---|---|---|---|---|
|
| ||||
|
8.
|
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.
| ||||
|
Name of Business
|
Address
|
Nature of Business
| |||
|
a.
|
Your ownership:
|
_________ _________ _________ _________
|
__________ __________ __________ __________
|
__________ __________ __________ __________
| |
|
b.
|
Spouse's ownership:
|
_________ _________ _________
|
__________ __________ __________
|
__________ __________ __________
|
|
9.
|
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.
| ||||
|
a.
|
Your ownership:
|
Entity __________ __________
|
Address
|
Nature of Business
| |
|
b.
|
Spouse's ownership:
|
__________
|
__________ __________ __________
|
__________
|
|
10.
|
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).
| ||||
|
Self/Spouse Child or Partnership/
|
Entity in Which Interest is Held (Self/Spouse/Child/
Partnership or Corporation)
|
Relationship To Entity
|
Interest in Contract Corporation (Yes
or No)
| ||
|---|---|---|---|---|---|
|
|
|
|
|
|
11.
|
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.
| |||
|
a.
|
Your Position
|
Description of Principal Subject Areas
| ||
|
| ||||
|
b.
|
Spouse's Position
|
Description of Principal Subject Area
| ||
|
| ||||
|
* 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.
| ||||
|
12.
|
a.
|
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.
| ||
|
| ||||
|
b.
|
With regard to the persons listed in 11.a.,
please describe the services rendered by you to said persons.
| |||
|
| ||||
|
13.
|
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.
| ||
|
a.
|
List for yourself:
| ||
|
NAME OF BOARD, AGENCY OR COURT APPEARED
BEFORE
|
NAME OF LITIGATION, APPLICATION OR TOPIC
REGARDING YOUR APPEARANCE
|
TYPE OF WORK PERFORMED
| |
|
| |||
|
b.
|
List for your spouse:
|
|
NAME OF BOARD, AGENCY OR COURT APPEARED
BEFORE
|
NAME OF LITIGATION, APPLICATION OR TOPIC
REGARDING YOUR APPEARANCE
|
TYPE OF WORK PERFORMED
| |
|
| |||
|
14.
|
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.
| ||
|
a.
|
List for yourself:
| ||
|
NAME OF SERVICE OR PROPERTY
(list map number if applicable)
|
DESCRIPTION OF TRANSACTION
| |
|
| ||
|
b.
|
List for your spouse:
|
|
NAME OF SERVICE OR PROPERTY
(list map number if applicable)
|
DESCRIPTION OF TRANSACTION
| |
|
| ||
|
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.
|
|
Signature
| |
|
Please Print Name
|
|
Sworn to before me this day
of, 199
.
| |||
|
Notary Public
| |||
[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 municipal 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.
[Amended 12-21-2021 by L.L. No. 26-2021]
[Amended 12-21-2021 by L.L. No. 26-2021]
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, herself, or any member
of his or her family arising out of any personal injury or property
damage or for any lawful benefit authorized or permitted by law.
[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.
[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.
[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.
