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HomeMy WebLinkAboutLL #05 2021 STATE OF NEW YORK .L DEPARTMENT OF STATE t ONE COMMERCE PLAZA ANDREW M.CUOMO F' 99 WASHINGTON AVENUE GOVERNOR # ALBANY,NY 12231-0001 _ =-ROSSANA ROSAOO - WWW.DOS.NY.GOV - SECRETARY OF STATE . .y April 1, 2021 RECEIVED ` {;J Lynda M. Rudder _ Deputy Town Clerk APR - 9 2021 :r Town Hall, 53095 Main Road - Southhold NY 11971 Southold Town Clerk z ' RE: Town of Southold, Local Law 4 & 5 2021, filed on March 29, 2021 � Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional 4 " local law filing forms can be obtained from our website, www.dos.ny.gov. ' Sincerely, `x i State Records and Law Bureau q (518) 473-2492 '7 g f£ i 7 NEW YORK Department �s Z< PORTUNITY. of.5tate t" I Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Friday, March 26, 2021 12:18 PM To: Rudder, Lynda _ Subject: RE: Emailing: LL#5.docx, LL#4.docx Thank you for your e-mail. 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General Code 1-800-836-8834 ersupp@generalcode.com 1 ELIZABETH A.NEVILLE,MMC �� �� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER '�°� ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 26, 2021 Priority Mail Express RE: Local Law No. 4 & 5 of 2021 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law No. 4 & 5 of 2021 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Southold Town Board - Letter Board Meeting of March 23, 2021 lrvl RESOLUTION 2021-238 Item# 5.29 ADOPTED DOC ID: 16920 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2021-238 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23,2021: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23`h day of February, 2021, a need for amendments to the ethics code; and WHEREAS, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 26, Ethics" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 26, Ethics" reads as follows: LOCAL LAW NO. 5 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 26, Ethics". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. T he purpose of this local law is to prevent political activities oil T own properties. II. Chapter 26 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: § 26-2 Definitions. Unless otherwise stated or unless the context otherwise requires, when used in this chapter the terms herein shall have the meanings indicated: CONTRACT -As defined in Article 18 of General Municipal Law. any claim, account or demand against or agreement with the Town express or implied. CONSULTANT - Any individual association partnership or corporation or any employee or agent thereof who has been retained to assist any board or agency in the discharge of its duties. "Consultant" shall also include any business partner, employer or members of the consultant's firm or company. Generated March 25, 2021 Page 46 Southold Town Board - Letter Board Meeting of March 23,2021 ` POLITICAL ACTIVITIES - Any activities related to partisan politics, including but not limited to; recruiting solicitation for fundraising, purchasing fundraiser tickets, circulating and signing designating petitions and distributing campaign literature and products, invoking political reprisals and any action that uses political influence to affect the duties and responsibilities of any officer or employee of the Town. POLITICAL PARTY COMMITTEE -Any corporation or committee which operates to aid or promote the success or defeat of a political party and/or the election or defeat of any candidate, within the Town of Southold. RELATIVE -A spouse, former spouse, domestic partner, child, stepchild, son or daughter-in- law, brother, sister, parent, brother or sister-in-law, parent-in-law, niece or nephew, or parent of the Town officer or employee or a person claimed as a dependent on the Town officer's or employee's latest individual state income tax return. SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE -Any other Town officer or employee who has direction or control, either directly or indirectly, over the activities of that Town officer or employee. Article II Rules of Conduct § 26-5 General prohibition. A. A Town officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in compensation for any of the following persons: fj)A. The Town officer or employee. QB. His or her outside employer or business or that of a member of his or her household. ME. A member of his or her household. (4)D. A customer or client. (5 E. A relative. B. Consultants. (1) Except as provided in Subsection B(2), (3) and (4) below, to avoid potential conflicts of interest, a Town consultant shall not appear on behalf of any other client before the Town or any agency thereof during the period of service to the Town by the consultant. The Town shall specify the restriction in any written contracts entered into between the Town and consultants. However, failure of the contract to state the restriction shall not affect the enforcement of this section of the Town's Ethics Code. (2) The restrictions contained in this chapter shall not apply to consultants which: (a) Operate a business located within the Town and have been retained by the Town to perform a contract valued at $25,000 or less; or (b) Have a written contract with the Town in which the Town Board has expressly authorized an exemption for the consultant from the provisions of the Town's Ethics Code; or (c) Have received a special waiver from the Towns Ethics Board pursuant to Subsection B(4) of this section. (3) Nothing in this subsection shall be construed to prohibit a consultant from: (a) Appearing on his own behalf_ or on behalf of the Town, before a Town Generated March 25; 2021 Page 47 fvJli Southold Town Board - Letter Board Meeting of March 23, 2021 agency. (b) Seeking or obtaining a ministerial act from an administrative officer; or (c) Receiving a Town service or benefit or using a Town facility, on the same terms on which such service, benefit or facility is available to the public (4) Special waiver. A consultant may make appearances before Town agencies otherwise prohibited by this section, upon written approval of the Ethics Board and the consent of the involved Town agencies. The Ethics Board shall consider such approval on a case-by-case basis taking into account for such findings the following criteria: (a) The general expertise of the consultant. (b) The expertise of the consultant vis a vis the particular matter. (c) The extent of the consultant's involvement both for the Town and for the private client(s). (d) The extent of the fees, past or future to be paid to the consultant by the Town. (e) The impact such appearances may have on the public trust. (f) The statement of necessity from the involved Town agency. (g) Such findings shall be detailed in writing by the Ethics Board and filed with the office of the Town Clerk. § 26-12 Political Solieftation-Activities Prohibited. A Tovin offieer or- employee shall not kiiewingly i:equest, er-juiowingly authorize anyone cis ,.,,,,�,ibute to „ pol itioai „ ri,iltee V V111.11 V U A. No person shall engage in any political activities on any Town premises at any time Such prohibited activities include but are not limited to the following_ (1) Sales or purchases of tickets to political events. (2) Discussion of tickets to political events. (3) Solicitation to join a political party or activity. (4) Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political considerations. (5) Solicitation of funds or goods or services for political purposes: r r��� (6) Use of Town taxpayer-funded equipment computers Internet, email telephones and supplies for political activity. B. No person having supervisory control or who is superior in title to any official or employee of the Town shall engage in any of the following actions with subordinates at any time on or off Town premises: (1) Discussion of or solicitation of ticket purchases or sales. (2) Solicitation to join a political party or political activity (3) Use of political considerations in discussing duties. positions. compensation changes in titles or work assignments. (4) Use of political considerations as the reason for promotions, assignment changes demotions or termination. Generated March 25; 2021 Page 48 Southold Town Board - Letter Board Meeting of March 23, 2021 § 26-13 Restriction on elected official or member of board. No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals, Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman, alternate committeeperson, or the officer of a political party committee. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Generated March 25, 2021 Page 49 SOUTHOLD TOWN BOARD PUBLIC HEARING March 23, 2021 7:00 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Councilwoman Sarah Nappa Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 8:07 PM COUNCILWOMAN DOHERTY: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 2P day of February, 2021, a need for amendments to the ethics code; and NOTICE IS HEREBY GIVEN, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 26,Ethics" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 23rd day of March, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 26, Ethics" reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 26, Ethics". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to prevent political activities on Town properties. II. Chapter 26 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Public Hearing—Amendments to Chapter 26, Ethics, Politics March 23, 2021 page 2 § 26-2 Definitions. Unless otherwise stated or unless the context otherwise requires, when used in this chapter the terms herein shall have the meanings indicated: CONTRACT - As defined in Article 18 of General Municipal Law, any claim, account or demand against or agreement with the Town, express or implied. CONSULTANT - Any individual, association, partnership or corporation or any employee agent thereof who has been retained to assist any board or agency in the discharge of its duties. "Consultant" shall also include any business partner, employer or members of the consultant's firm or compan. POLITICAL ACTIVITIES - Any activities related to partisan politics, including but not limited to-, recruiting solicitation for fundraising, purchasing fundraiser tickets, circulating and signing designatingpetitions and distributing campaign literature and products, invoking political reprisals and any action that uses political influence to affect the duties and responsibilities of any officer or employee of the Town. POLITICAL PARTY COMMITTEE - Any corporation or committee which operates to aid or promote the success or defeat of a political party and/or the election or defeat of any candidate, within the Town of Southold. RELATIVE - A spouse, former spouse, domestic partner, child, stepchild, son or daughter-in- law, au htg er_in_ law, brother, sister, parent, brother or sister-in-law, parent-in-law, niece or nephew, or parent of the Town officer or employee or a person claimed as a dependent on the Town officer's or employee's latest individual state income tax return. SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE - Any other Town officer or employee who has direction or control either directly or indirectly, over the activities of that Town officer or employee. Article II Rules of Conduct § 26-5 General prohibition. A. A Town officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in compensation for any of the following persons: (DA. The Town officer or employee. MR. His or her outside employer or business or that of a member of his or her household. MDQ A member of his or her household. fD. A customer or client. fQE. A relative. Public Hearing—Amendments to Chapter 26, Ethics, Politics March 23, 2021 page 3 B. Consultants. (1) Except as provided in Subsection B(2), (3) and (4) below, to avoid potential conflicts of interest, a Town consultant shall not appear on behalf of any other client before the Town or Magency thereof during the period of service to the Town by the consultant. The Town shall specify the restriction in any written contracts entered into between the Town and consultants. However, failure of the contract to state the restriction shall not affect the enforcement of this section of the Town's Ethics Code. (2) The restrictions contained in this chapter shall not apply to consultants which: (a) Operate a business located within the Town and have been retained by the Town to perform a contract valued at $25,000 or less; or (b) Have a written contract with the Town in which the Town Board has expressly authorized an exemption for the consultant from the provisions of the Town's Ethics Code; or (c) Have received a special waiver from the Town's Ethics Board pursuant to Subsection B(4) of this section. (3) Nothing in this subsection shall be construed to prohibit a consultant from: (a) Appearing on his own behalf, or on behalf of the Town before a Town agency. (b) Seeking or obtaining a ministerial act from an administrative officer; or (c) Receiving a Town service or benefit or using a Town facility, on the same terms on which such service benefit or facility is available to the public. (4) Special waiver. A consultant mqy make appearances before Town agencies otherwise prohibited by this section upon written approval of the Ethics Board and the consent of the involved Town agencies The Ethics Board shall consider such approval on a case-by-case basis taking into account for such findings the following criteria: (a) The general expertise of the consultant. (b) The expertise of the consultant vis a vis the particular matter. (c) The extent of the consultant's involvement both for the Town and for the private client(s). (d) The extent of the fees past or future to be paid to the consultant by the Town. (e) The impact such appearances may have on the public trust. (f) The statement of necessity from the involved Town agency. (g.) Such findings shall be detailed in writing by the Ethics Board and filed with the office of the Town Clerk. § 26-12 Political Seheitation Activities Prohibited. Public Hearing—Amendments to Chapter 26, Ethics, Politics March 23, 2021 page 4 A. No person shall engage in any political activities on any Town premises at any time. Such prohibited activities include but are not limited to the following_ (1) Sales or purchases of tickets to political events. (2) Discussion of tickets to political events. (3) Solicitation to join a political party or activity. (4) Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political considerations. (5) Solicitation of funds or goods or services for political purposes. (6) Use of Town taxpayer-funded equipment, computers, Internet, email, telephones and supplies for political activity. B. No person having supervisory control or who is superior in title to any official or employee of the Town shall engage in any of the following action with subordinates at any time on or off Town remises: (1) Discussion of or solicitation of ticket purchases or sales. (2) Solicitation to join a political party or political activity. (3) Use of political considerations in discussing duties, positions, compensation, changes in titles or work assignments. (4) Use of political considerations as the reason for promotions assignment changes, demotions or termination. § 26-13 Restriction on elected official or member of board. No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals, Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman, alternate committeeperson, or the officer of a political party committee. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law. I have an affidavit of posting in the Suffolk Times and on the Town Clerk's bulletin board and town website. And that's it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? (No response) Public Hearing—Amendments to Chapter 26, Ethics, Politics March 23, 2021 page S This hearing was closed at 8:08 PM 1 +` Lynda . Rudder Deputy Southold Town Clerk • � c NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Local Law No. 5 of the year 2021 . A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 26,Ethics". Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose. The purpose of this local law is to prevent political activities on Town properties. 11. Chapter 26 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: § 26-2 Definitions. Unless otherwise stated or unless the context otherwise requires, when used in this chapter the terms herein shall have the meanings indicated: CONTRACT - As defined in Article 18 of General Municipal Law, any claim, account or demand against or agreement with the Town, express or implied. CONSULTANT- Any individual, association, partnership or corporation or any employee or agent thereof who has been retained to assist any board or agency in the discharge of its duties. "Consultant" shall also include any business partner, employer or members of the consultant's firm or company. POLITICAL ACTIVITIES -Any activities related to partisan politics, including but not limited to; recruiting, solicitation for fundraising, purchasing fundraiser tickets, circulating and signing designating petitions, and distributing campaign literature and products, invoking political reprisals, and any action that uses political influence to affect the duties and responsibilities of any officer or employee of the Town. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-I(Rev 04/14) 1 n POLITICAL PARTY COMMITTEE-Any corporation or committee which operates to aid or promote the success or defeat of a political party and/or the election or defeat of any candidate, within the Town of Southold. RELATIVE - A spouse, former spouse, domestic partner, child, stepchild, son or daughter-in-law, brother, sister, parent, brother or sister-in-law, parent-in-law, niece or nephew, or parent of the Town officer or employee or a person claimed as a dependent on the Town officer's or employee's latest individual state income tax return. SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE - Any other Town officer or employee who has direction or control, either directly or indirectly, over the activities of that Town officer or employee. Article II Rules of Conduct § 26-5 General prohibition. A. A Town officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in compensation for any of the following persons: (1). The Town officer or employee. (2). His or her outside employer or business or that of a member of his or her household. (3). A member of his or her household. (4). A customer or client. (5). A relative. B. Consultants. (1) Except as provided in Subsection B(2), (3) and (4) below, to avoid potential conflicts of interest, a Town consultant shall not appear on behalf of any other client before the Town or any agency thereof during the period of service to the Town by the consultant. The Town shall specify the restriction in any written contracts entered into between the Town and consultants. However, failure of the contract to state the restriction shall not affect the enforcement of this section of the Town's Ethics Code. (2) The restrictions contained in this chapter shall not apply to consultants which: (a) Operate a business located within the Town and have been retained by the Town to perform a contract valued at$25,000 or less; or (b) Have a written contract with the Town in which the Town Board has expressly authorized an exemption for the consultant from the provisions of the Town's Ethics Code; or (c) Have received a special waiver from the Town's Ethics Board pursuant to Subsection B(4) of this section. (3) Nothing in this subsection shall be construed to prohibit a consultant from: (a) Appearing on his own behalf, or on behalf of the Town, before a Town agency. (b) Seeking or obtaining a ministerial act from an administrative officer; or (c) Receiving a Town service or benefit, or using a Town facility, on the same terms on which such service, benefit or facility is available to the public. 2 (4) Special waiver. A consultant may make appearances before Town agencies otherwise prohibited by this section, upon written approval of the Ethics Board and the consent of the involved Town agencies. The Ethics Board shall consider such approval on a case-by-case basis taking into account for such findings the following criteria: (a) The general expertise of the consultant. (b) The expertise of the consultant vis a vis the particular matter. (c) The extent of the consultant's involvement both for the Town and for the private client(s). (d) The extent of the fees, past or future, to be paid to the consultant by the Town. (e) The impact such appearances may have on the public trust. (f) The statement of necessity from the involved Town agency. (g) Such findings shall be detailed in writing by the Ethics Board and filed with the office of the Town Clerk. § 26-12 Political Activities Prohibited. A. No person shall engage in any political activities on any Town premises at any time. Such prohibited activities include but are not limited to the following: (1) Sales or purchases of tickets to political events. (2) Discussion of tickets to political events. (3) Solicitation to join a political party or activity. (4) Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political considerations. (5) Solicitation of funds or goods or services for political purposes. (6) Use of Town taxpayer-funded equipment, computers, Internet, email, telephones and supplies for political activity. B. No person having supervisory control or who is superior in title to any official or employee of the Town shall engage in any of the following actions with subordinates at any time on or off Town premises: (1) Discussion of or solicitation of ticket purchases or sales. (2) Solicitation to join a political party or political activity. (3) Use of political considerations in discussing duties, positions, compensation, changes in titles or work assignments. (4) Use of political considerations as the reason for promotions, assignment changes, demotions or termination. § 26-13 Restriction on elected official or member of board. No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals, Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman, alternate committeeperson, or the officer of a political party committee. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 21 . of the (Gounty)(Gi )of SOUTHOLD was duly passed by the TOWN BOARD on March 23 , 20 21 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on -- 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-1(Rev.04114) 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. 62j'O-Ua C." nVLCXRi Clerk of the County gislative body, City, Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: March 26.2021 DOS-239-f-1(Rev 04/14) 5 RESO 2021- SUMMARY OF LL/AMENDMENT TO CHAPTER 26 "Ethics" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES TO AMEND CHAPTER 26 OF THE TOWN CODE ENTITLED "ETHICS." THE PURPOSE OF THE PROPOSED LOCAL LAW IS TO AMEND THE TOWN'S ETHICS CODE TO ALLOW MEMBERS OF THE HISTORIC PRESERVATION COMMISSION, WHO HOLD PROFESSIONAL LICENSES, TO MAKE APPEARANCES BEFORE OTHER BOARDS AND DEPARTMENTS AS LONG AS THE PROPERTY IN QUESTION IS NOT ALSO UNDER THE JURISDICTION OF THE HISTORIC PRESERBVATION COMMISSION. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE LEGAL NOTICE I� NOTICE OF PUBLIC HEARING M NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold,Suffolk County,New York,on the 23th day of February,2021,a need for amendmer)ts to the ethics code;and NOTICE IS HEREBY GIVEN,it has been presented a Local Law entitled"A Local Law in relation to an Amendment to Chanter 26.Ethics"and NOCTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing 0 on the aforesaid Local Law at Southold Town Hall,53095 Main Road,Southold,New York,on the 23rdday of `" March,2021 at 7:01 p.m.at which time all interested persons will be given an opportunity to be heard. ao' The proposed Local Law entitled,"A Local Law in relation to an Amendment to Chapter 26.Ethics"reads as follows- = LOCAL LAW NO.2021 � A Local Law entitled,"A Local Law in relation to an Amendment to Chanter 26 Ethics". ® j BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose.The purpose of this local law is to prevent political activities on Town properties. II.Chapter 26 of the Code of the Town of Southold is hereby amended to include the underlined words and remove ® the struck through words as follows - §26-2 Definitions. O Unless otherwise stated or unless the context otherwise requires,when used in this chapter the terms herein shall V have the meanings Indicated: N CONTRACT-As defined in Article 18 of General Municipal Law,any claim account or demand against or w agreement with the Town,express or implied. CONSULTANT-Any individual association partnership or corporation or any employee or agent thereof who has r7- been retained to assist any board or agency in the discharge of Its duties "Consultant"shall also include any Y business partner.emplover or members of the consultant's firm or company_ 0 I POLITICAL ACTIVITIES-Any activities related to partisan politics including but not limited to:recruiting, O solicitation for fundraising purchasing fundraiser tickets circulating and signing designating petitions and distributing campaign literature and products,invoking political reprisals,and any action that uses political influence to affect the duties and responsibilities of any officer or employee of the Town e POLITICAL PARTY COMMITTEE-Any corporation or committee which operates to aid or promote the success or defeat of a political party and/or the election or defeat of any candidate,within the Town of Southold RELATIVE-A spouse,former spouse,domestic partner,child,stepchild,son or daughter-in-law,brother,sister, parent,brother or sister-in-law.parent-in-law.niece or nephew,or parent of the Town officer or employee or a person claimed as a dependent on the Town officer's or employee's latest individual state income tax return. I SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE-Any other Town officer or employee who has direction or control,either directly or indirectly,over the activities of that Town officer or employee Article II Rules of Conduct §26-5 General prohibition. A.A Town officer or employee shall not use his or her official position or office,or take or fail to take any action,in a manner which he or she knows or has reason to know may result in compensation for any of the following persons: WA The Town officer or employee ® OB.His or her outside employer or business or that of a member of his or her household. ® QC.A member of his or her household 11D.A customer or client. uE.A relative. B.Consultants (1)Except as provided in Subsection B(2) (31 and(4)below,to avoid potential conflicts of interest a Town consultant shall not appear on behalf of any other client before the Town or any agency thereof during the period of service to the Town by the consultant The Town shall specify the restriction in any written contracts entered into between the Town and consultants._However,failure of the contract to state the restriction shall not affect the enforcement of this section of the Town's Ethics Code (2)The restrictions contained in this chapter shall not apply to consultants which: I (a)Operate a business located within the Town and have been retained by the Town to perform a contract valued at$25.000 or less:or • (b)Have a written contract with the Town in which the Town Board has expressly authorized an exemption for the } consultant from the provisions of the Town's Ethics Code:or (c)Have received a special waiver from the Town's Ethics Board pursuant to Subsection B(4)of this section I (3)Nothing in this subsection shall be construed to prohibit a consultant from, j (a)Appearing on his own behalf,or on behalf of the Town before a Town agency. I {b)Seeking or obtaining a ministerial act from an administrative officer:or (cl Receiving a Town service or benefit,or using a Town facility on the same terms on which such service benefit or facility is available to the public. (4)Special waiver A consultant may make appearances before Town agencies otherwise prohibited by this section upon written approval of the Ethics Board and the consent of the involved Town agencies The Ethics ® Board shall consider such approval on a case-by-case basis taking into account for such findings the following criteria. (a)The general expertise of the consultant. (b)The expertise of the consultant vis a vis the particular matter. (c)The extent of the consultant's involvement both for the Town and for the private client(s). ® (d)The extent of the fees,past or future,to be paid to the consultant by the Town © (e)The impact such appearances may have on the public trust. (f)The statement of necessity from the involved Town agency, (a)Such findings shall be detailed in writing by the Ethics Board and filed with the office of the Town Clerk. §26-12 Political Solicitation Activities Prohibited. ® A Town officer or employee shall not knowingly request,or knowingly authorize anyone else to request,any subordinate of the officer or employee to participate in any election campaign or contribute to a political ® committee A No person shall engage in any political activities on any Town premises at any time.Such prohibited activities include but are not limited to the following: (1)Sales or purchases of tickets to political events (2)Discussion of tickets to political events 4. s (3)Solicitation to loin a political party or activity (4)Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political ti,yip considerations. (5)Solicitation of funds or goods or services for political purposes Y = (6)Use of Town taxpayer-funded equipment.computers. Internet:-email.telephones and supplies for political - activity. B No person having supervisory control or who is superior in title to any official or employee of the Town shall engage in any of the following action with subordinates at any time on or off Town remises* (1)Discussion of or solicitation of ticket purchases or sales - (2)Solicitation to loin a political party or political activity (3)Use of political considerations in discussing duties positions compensation changes in titles or work assignments (4)Use of political considerations as the reason for promotions assignment changes demotions or termination -` §26-13 Restriction on elected official or member of board. No elected official or member of the Town Board,Planning Board,Zoning Board of Appeals,Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman,alternate committeeperson,or the officer of a political party committee III.SEVERABILITY If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law Dated:February 23,2021 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A Neville,Southold Town Clerk sd LEGAL NOTICE position or office,or take or fail to take any action,in a manner which NOTICE OF PUBLIC HEARING he or she knows or has reason to know may result in compensation for NOTICE IS HEREBY GIVEN,that there has been presented to the any of the following persons: Town Board of the Town of Southold,Suffolk County,New York,on fDA.The Town officer or employee. the 2311 day of February,2021,a need for amendments to the ethics MA.His or her outside employer or business or that of a member of code;and his or her household. NOTICE IS HEREBY GIVEN,it has been presented a Local Law (DG.A member of his or her household. entitled"A Local Law in relation to an Amendment to Chapter 26, MD A customer or client. Ethics"and (Q9.A relative. NOCTICE IS HEREBY FURTHER GIVEN that the Town Board B Consultants. of the Town of Southold will hold a public hearing on the aforesaid (1) Except as rovided in Subsection B(2),(3)and(4)below,to Local Law at Southold Town Hall,53095 Main Road,Southold,New avoid potential conflicts of interest a Town consultant shall not York,on the 23rd day of March,2021 at 7:01 p.m.at which time all appear on behalf of any other client before the Town or an ay gency interested persons will be given an opportunity to be heard. thereof during the period of service to the Town by the consultant. The proposed Local Law entitled,"A Local Law in relation to an The Town shall specify the restriction in any written contracts entered Amendment to Chapter 26,Ethics"reads as follows: into between the Town and consultants.However,failure of the LOCAL LAW NO. 2021 contract to state the restriction shall not affect the enforcement of this A Local Law entitled,"A Local Law in relation to an Amendment section of the Town's Ethics Code. to Chapter 26,Ethics". (2) The restrictions contained in this chapter shall not apply to BE IT ENACTED by the Town Board of the Town of Southold as consultants which: follows• (a) Operate a business located within the Town and have been I. Purpose. retained by the Town to perform a contract valued at$25,000 or less; The purpose of this local law is to prevent political activities on or Town properties. (b) Have a written contract with the Town in which the Town Board II.Chapter 26 of the Code of the Town of Southold is hereby has expressly authorized an exemption for the consultant from the amended to include the provisions of the Town's Ethics Code,or underlined words and remove the struck through words as follows: (c) Have received a special waiver from the Town's Ethics Board §26-2 Definitions. pursuant to Subsection B(4)of this section. Unless otherwise stated or unless the context otherwise requires,when (3) Nothing in this subsection shall be construed to prohibit a used in this chapter the terms herein shall have the meanings consultant from: indicated: (a) Appearing on his own behalf,or on behalf of the Town,before a CONTRACT-As defined in Article 18 of General Municipal Law, Town agency. any claim account or demand against or agreement with the Town, (b) Seeking or obtaining a ministerial act from an administrative express or implied. officer:or CONSULTANT-Any individual association,partnership or (c) Receiving a Town service or benefit or using a Town facility,on corporation or any employee or agent thereof who has been retained the same terms on which such service benefit or facility is available to assist any board or agency in the discharge of its duties. to the public. "Consultant"shall also include any business partner,employer or (4) Special waiver.A consultant may make appearances before members of the consultant's firm or company. Town agencies otherwise prohibited by this section,upon written POLITICAL ACTIVITIES-Any activities related to partisan approval of the Ethics Board and the consent of the involved Town politics including but not limited to;recruiting,solicitation for agencies The Ethics Board shall consider such approval on a case-by- fundraising purchasing fundraiser tickets circulating and signing case basis taking into account for such findings the following criteria: designating petitions and distributing campaign literature and (a) The general expertise of the consultant. products invoking political reprisals and any action that uses political (b) The expertise of the consultant vis a vis the particular matter. influence to affect the duties and responsibilities of any officer or (c) The extent of the consultant's involvement both for the Town and employee of the Town. for the private client(s). POLITICAL PARTY COMMITTEE-Anycorporation or (d) The extent of the fees past or future to be paid to the consultant committee which operates to aid or promote the success or defeat of a by the Town. political party and/or the election or defeat of any candidate,within (e) The impact such appearances may have on the public trust the Town of Southold. (fl The statement of necessity from the involved Town agency RELATIVE-A spouse,former spouse,domestic partner,child, (g) Such findings shall be detailed in writing by the Ethics Board stepchild,son or daughter-in-law,brother,sister,parent,brother or and filed with the office of the Town Clerk. sister-in-law,parent-in-law,niece or nephew,or parent of the Town §26-12 Political golieitation-Activities Prohibited. officer or employee or a person claimed as a dependent on the Town officer's or employee's latest individual state income tax return. lEflowingly autheFize anyone else to Fequest,any subordinate of the SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE-AU officer or mpleyee to paFtieipate in any eleetion campaign other Town officer or employee who has direction or control,either directly or indirectly,over the activities of that Town officer or A No person shall engage in any political activities on any Town employee. premises at any time Such prohibited activities include but are not Article II limited to the following: Rules of Conduct (1) Sales or purchases of tickets to political events. §26-5 General prohibition. (2) Discussion of tickets to political events. A. A Town officer or employee shall not use his or her official (3) Solicitation to loin apolitical party or activity 01 (4) Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political considerations. (5) Solicitation of funds or goods or services for political purposes. (6) Use of Town taxpayer-funded equipment,computers,Internet email,telephones and supplies for political activity. B. No person having supervisory control or who is superior in title to any official or employee of the Town shall engage in any of the following action with subordinates at any time on or off Town remises: (1) Discussion of or solicitation of ticket purchases or sales. (2) Solicitation to join a political party or political activity. (3) Use of political considerations in discussing duties positions compensation,changes in titles or work assignments. (4) Use of political considerations as the reason for promotions, assignment changes,demotions or termination §26-13 Restriction on elected official or member of board. No elected official or member of the Town Board,Planning Board, Zoning Board of Appeals,Board of Ethics,Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman,alternate committeeperson,or the officer of a political party committee. III.SEVERABILITY If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law Dated: February 23,2021 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 111h day of March , 2021, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. PH 3/23 7:01 pm—LL Chapter 26 Ethics -Politics E ynda M Rudder Southold Deputy Town Clerk Sworn before me this 11th day of March , 2021. Notary Public SABRINA M BORN Notary Public,State of New York No.01806317030,Suffolk County Commission Expires Dec.22,20 The Suffolk Times Placed by the New York Press Service NYPublicNotices@nynewspapers.com (518)250-4194 ORDER CONFIRMATION Desc: LEGAL NOTICENOTICE 0 Account: SOUTHOLD TOWN BOARD PO: Email: lynda.rudder@town.southold.ny.us Phone: 631-765-4333 Price: 268.19 Run Date(s): 3/18/2021 Col: 3 Inches: 12.19 Runs: 1 Affidavit: 1 Order No: 8e5fcf4 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold,Suffolk County,New York,on the 23th day of February,2021,a need for amendments to the ethics code;and NOTICE IS HEREBY GIVEN,it has been presented a Local Law entitled"A Local Law in relation to an Amendment to Chapter 26.Ethics"and NOCTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall,53095 Main Road,Southold,New York,on the 23rdday of March,2021 at 7:01 p.m.at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled,"A Local Law in relation to an Amendment to Chapter 26.Ethics"reads as follows: LOCAL LAW NO,2021 A Local Law entitled,"A Local Law in relation to an Amendment to Chapter 26,Ethics". BE IT ENACTED by the Town Board of the Town of Southold as follows, I.Purpose.The purpose of this local law is to prevent political activities on Town properties. 11.Chapter 26 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows. §26-2 Definitions. Unless otherwise stated or unless the context otherwise requires,when used in this chapter the terms herein shall have the meanings indicated CONTRACT-As defined in Article 18 of General Municipal Law any claim account or demand against or aareement with the Town,express or implied. CONSULTANT-Anv individual association partnership or corporation or anv emplovee or agent thereof who has been retained to assist any board or agency in the discharge of its duties "Consultant"shall also include any business partner,employer or members of the consultant's firm or company, POLITICAL ACTIVITIES-Anv activities related to partisan politics including but not limited to recruiting solicitation for fundraising purchasing fundraiser tickets circulating and signing designating petitions and distributing campaign literature and products invoking political reprisals and any action that uses political influence to affect the duties and responsibilities of any officer or emoloyee of the Town POLITICAL PARTY COMMITTEE-Any corporation or committee which operates to aid or promote the success or defeat of a political party and/or the election or defeat of any candidate within the Town of Southold. RELATIVE-A spouse,former spouse,domestic partner,child,stepchild,son or daughter-in-law,brother,sister, parent,brother or sister-in-law parent-in-law,niece or nephew,or parent of the Town officer or employee or a person claimed as a dependent on the Town officer's or employee's latest individual state income tax return. SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE-Any other Town officer or employee who has direction or control either directly or indirectly,over the activities of that Town officer or emplovee Article II Rules of Conduct §26-5 General prohibition. e.A Town officer or employee shall not use his or her official position or office,or take or fad to take any action,in a manner which he or she knows or has reason to know may result in compensation for any of the following persons WA.The Town officer or employee. (2)B.His or her outside employer or business or that of a member of his or her household. QJC.A member of his or her household (40.A customer or client. (5).E.A relative. B.Consultants. (11 Ex ept as provided in Subsection B(21 131 and(41 below to avoid potential conflicts of interest a Town consultant shall not appear on behalf of any other client before the Town or any agency thereof during the period of service to the Town by the consultant.The Town shall specify the restriction in any written contracts entered into between the Town and consultants However,failure of the contract to state the restriction shall not affect the enforcement of this section of the Town's Ethics Code. (2)The restrictions contained in this chapter shall not apply to consultants which (a)Ooerate a business located within the Town and have been retamed by the Town to perform a contract valued at$25.000 or less,or (b)Have a written contract with the Town in which the Town Board has expressly authorized an exemption for the consultant from the provisions of the Town's Ethics Code or (c)Have received a special waiver from the Town's Ethics Board pursuant to Subsection B(41 of this section (3)Nothing in this subsection shall be construed to prohibit a consultant from, (a)Aooearina on his own behalf or on behalf of the Town before a Town agency. jb)Seeking or obtaining a ministerial act from an administrative officer.or Y- e iv y a Town service or benefit or using a Town facility on the same terms on which such service benefit r facility is available to the public. (4)Special waiver,A consultant may make appearances before Town agencies otherwise orohibited by this section upon written approval of the Ethics Board and the consent of the involved Town agencies The Ethics Board shall consider such aooroval on a case-by-case basis taking into account for such findings the following criteria (a)The general expertise of the consultant (bl The expertise of the consultant visa vis the particular matter, (c)The extent of the consultant's involvement both for the Town and for the private client(s) (d)The extent of the fees past or future to be paid to the consultant by the Town. (e)The impact such appearances may have on the nublic trust (f)The statement of necessity from the involved Town ag n v (a)Such findings shall be detailed in writing by the Ethics Board and filed with the office of the Town Clerk. §26-12 Political Solicitation Activities Prohibited, A Town officer or employee shall not knowingly request,or knowingly authorize anyone else to request,any subordinate of the officer or employee to participate in any election campaign or contribute to a political committee. A No person shall engage,,any nolitical activities on any Town premises at any time Such prohibited activities include but are not limited to the following Salesor purchases of tickets to political events U Discussion of tickets to political events (3)Sotation to iom a political party or activity, (4)Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political considerations. U Solicitation of funds or goods or services for political purposes (6)Use of Town taxpayer funded ea inment computers Internet email telephones and supplies for political Bperson h yll3g suoervisorycontrol or who is superior in title to any official or employee of the Town shall eg gage in any of the following action with subordinates at any time on or off Town remises r�.Disc ussion of or solicitation of ticket purchases or sales (2)Solicitation to loin a political party or politica*c tivity. (3)Use of politica1c.nsiderations in dis ug ssmg ies positions compensation changes in titles or work assigpments. (4)Use of political considerations as the reason for oromotions assignment changes demotions or termination §26-13 Restriction on elected official or member of board. No elected official or member of the Town Board,Planning Board,Zoning Board of Appeals,Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman,alternate committeeperson,or the officer of a political party committee. III.SEVERABILITY If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid IV.EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law Dated February 23,2021 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville,Southold Town Clerk 1 Southold Town Board -Letter Board Meeting of February 23, 2021 ®R"11"! RESOLUTION 2021-179 Item# 5.36 ADOPTED DOC ID: 16864 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-179 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 23, 2021: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23t11 day of February, 2021, a need for amendments to the ethics code; and WHEREAS, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 26,Ethics"now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 2311 day of March,2021 at 7:01 p.m. at which time all interested persons will be given an- opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 26, Ethics" reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 26,Ethics". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to prevent political activities on Town properties. 1I. Chapter 26 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: § 26-2 Definitions. Unless otherwise stated or unless the context otherwise requires, when used in this chapter the terms herein shall have the meanings indicated: CONTRACT As defined in Article 18 of General Municipal Law, any claim, account or demand against or agreement with the Town, express or implied. - 5 Generated February 24, 2021 Page 49 Southold Town Board - Letter Board Meeting of February 23, 2021 CONSULTANT Any individual, association,partnership or corporation or any employee or agent thereof who has been retained to assist any board or agency in the discharge of its duties. "Consultant" shall also include any business partner, employer or members of the consultant's firm or company_ POLITICAL ACTIVITIES Any activities related to partisan politics, including but not limited to; recruiting, solicitation for fundraising, purchasing fundraiser tickets, circulating and signing designating petitions, and distributing campaign literature and products, invoking political reprisals, and any action that uses political influence to affect the duties and responsibilities of any officer or employee of the Town. POLITICAL PARTY COMMITTEE Any corporation or committee which operates to aid or promote the success or defeat of a political party and/or the election or defeat of any candidate, within the Town of Southold. RELATIVE A spouse, former spouse, domestic partner, child, stepchild, son or daughter-in-law, brother, sister,parent, brother or sister-in-law, parent-in-law,niece or nephew, or parent of the Town officer or employee or a person claimed as a dependent on the Town officer's or employee's latest individual state income tax return. SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE Any other Town officer or employee who has direction or control, either directly or indirectly, over the activities of that Town officer or employee. Article II Rules of Conduct § 26-5 General prohibition. A. A Town officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in compensation for any of the following persons: MA. The Town officer or employee. M14. His or her outside employer or business or that of a member of his or her household. (3)C. A member of his or her household. Generated February 24, 2021 Page 50 _• Southold Town Board - Letter Board Meeting of February 23, 2021 f4�D. A customer or client. �QR A relative. B. Consultants. (1) Except as provided in Subsection B(2), (3) and (4)below,to avoid potential conflicts of interest, a Town consultant shall not appear on behalf of anoy ther client before the Town or any gency thereof during the period of service to the Town by the consultant. The Town shall specify the restriction in any written contracts entered into between the Town and consultants. However, failure of the contract to state the restriction shall not affect the enforcement of this section of the Town's Ethics Code. (2) The restrictions contained in this chapter shall not apply to consultants which: (a) Operate a business located within the Town and have been retained by the Town to perform a contract valued at$25,000 or less; or (b) Have a written contract with the Town in which the Town Board has expressly authorized an exemption for the consultant from the provisions of the Town's Ethics Code; or (c) Have received a special waiver from the Town's Ethics Board pursuant to Subsection B(4) of this section. (3) Nothing in this subsection shall be construed to prohibit a consultant from: (a) Appearing on his own behalf, or on behalf of the Town, before a Town agency. (b) Seeking or obtaining a ministerial act from an administrative officer; or (c) Receiving a Town service or benefit, or using a Town facility, on the same terms on which such service, benefit or facility is available to the public. (4) Special waiver. A consultant may make appearances before Town agencies otherwise prohibited by this section, upon written approval of the Ethics Board and the consent of the involved Town agencies. The Ethics Board shall consider such approval on a case-by-case basis-taking into account for such findings the following criteria: (a) The general expertise of the consultant. (b) The expertise of the consultant vis a vis the particular matter. Generated February 24, 2021 Page 51 Southold Town Board - Letter Board Meeting of February 23, 2021 (c) The extent of the consultant's involvement both for the Town and for the private client(s). (d) The extent of the fees, past or future,to be paid to the consultant by the Town. (e) The impact such appearances may have on the public trust. (fl The statement of necessity from the involved Town agency. (g) Such findings shall be detailed in writing by the Ethics Board and filed with the office of the Town Clerk. § 26-12 Political SolEieitation Activities Prohibited. A Town officer or employee shall not knevAngly r-equest, or-knowingly authorize anyone else request, any subordinate of the offieu or effipleyee to partieipale in any electiell eam. A. No person shall engage in any political activities on any Town premises at any time. Such prohibited activities include but are not limited to the following: (1) Sales or purchases of tickets to political events. (2) Discussion of tickets to political events. (3) Solicitation to join a political party or activity. (4) Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political considerations. (5) Solicitation of funds or goods or services for political purposes. (6) Use of Town taxpayer-funded equipment, computers, Internet, email, telephones and supplies for political activity. B. No person having supervisory control or who is superior in title to any official or employee of the Town shall engage in any of the following actions with subordinates at any time on or off Town premises: (1) Discussion of or solicitation of ticket purchases or sales. (2) Solicitation to join a political party or political activity. Generated February 24, 2021 Page 52 it ",- Southold wSouthold Town Board - Letter Board Meeting of February 23, 2021 (3) Use of political considerations in discussing duties positions compensation changes in titles or work assignments. (4) Use of political considerations as the reason for promotions assignment changes demotions or termination. § 26-13 Restriction on elected official or member of board. No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals, Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman, alternate committeeperson, or the officer of a political party committee. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law. f Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Sarah E. Nappa, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Generated February 24, 2021 Page 53 Rudder, Lynda From: NY Public Notices Team <noreply-nyps@themistechnology.com> Sent: Thursday, March 11, 2021 1:27 PM To: Rudder, Lynda Cc: NYPublicNotices@nynewspapers.com Subject: Notice created(The Suffolk Times). Confirmation Id: 8e5fcf4a-2189-482a-8fb2-73 b054e142bb Attachments: Confirmation.pdf Thank you for submitting your publication request for The Suffolk Times via our online portal. Please review the attached confirmation/proof and advise us of any changes that need to be made by replying to all on this email. Please make sure to include NYPublicNotices@nynewspapers.com on all email correspondences, so our support team can properly assist you. Please note your Confirmation ID: 8e5fcf4a-2189-482a-8fb2-73b054e142bb Public Notices Team NY Press Service I FBO The Suffolk Times 621 Columbia St. Ext, Ste 100 Cohoes,NY 12047 518-250-4194 NYPublicNotices@nynewspapers.com ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i