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HomeMy WebLinkAboutCode of Ethics 1993HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOI-E L.' HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197 I Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: RE: DATE: Town Board ~ Harvey A. Arnoff, Town Attor A Local Law in Relation to Ethics August' 10, 1993 Please review and comment on the Local Law attached hereto. LOCAL LAW NO. , 1993 A Local Law in Relation to Ethics BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 10 [Ethics, Code of) of the Code of the Town of Southold is hereby deleted in its entirety, and a new Chapter 10 (Ethics, Code of) is hereby adopted to read as follows: Chapter 10 ETHICS, CODE OF Article I Intent 10-10. A. Legislative Intent. The Town Board. finding that the basic tenets of open government should require Town officers, both elected and appointed, paid or unpaid, and/or those serving as members of any administrative board, commission or other agency to act in a fair impartial manner devoid of any conflict of interest in fulfilling their charge. It is, therefore, the purpose of this chapter to provide minimum stand- ards of conduct in addition to those set forth in Article 18 of the General Municipal Law so as to assist those Town officers and employees in the implementation of their duties in proper and ethical fashion and to provide for disclosure annually and trans- actional disclosure by elected officials, certain local political officials and applicants in order to ensure impartiality and fairness in the administration of the government of the Town of Southold. The requi~-ements or standards hereinafter set forth are not to be deemed in conflict with any other requirements, prohibitions or rules governing ethical conduct set forth in Article 18 of the General Municipal Law or any other general or special law relative to ethical conduct and interests in municipal contracts, but are in addition thereto. Article II Statement of Code 10-20. Definitions. As used in this Chapter the following terms shall have the following meanings: INTEREST - A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purposes of this chapter, a municipal 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. B. A firm, partnership or association of which such officer or employee is a member or employee. C. A corporation of which such officer or employee is an officer, director or employee. A corporation any stock of which is owned or controlled directly or indirectly by such officer or employee. -2- 10-21. MUNICIPAL.OFFICER OR EMPLOY~EE~.~An officer o~ employee, of the ~Town~ oF.Southold; whether paid-or unpaid;':including' members~ any:administrative; board, commission oi-='-other tagency thereof;~ No person shall be_deemed to b~ a',municipal officer or employee.'~'~_~ · solely :by reason ~of-being=a volunt~.fire~n, o~ ~Jl:.defen~ voiuntee~:~[~ ~ny individual.- association, par~er~hip~-~r t[on =or: any- employ~ .~.o~- agent: there~ who ~ has been ~tai ned~ to assist any board or agency in the discharge of.~i[s duties-, is'. deemed to,:be a ."m~nic[~l office~ o~ employee" for, thepurposes of this chapter.,~: -:;: .' :~- ~ .,:- :: ..-: '.. ~- :,.. ~::~-,; ~::~-: "~ S~ndardS.~. Any officers ·and/or 'employees 'for the Town of $outhold :shall,~b~..-subject to and abide by the following standards of behavior..~_:. .-~.-... : A~-~Gifts.' He shall not directly or indirectly solicit:any gift~. nor. accept or receive any. gift having a value· of seventy-five dollars (:$75.) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, under circumstances in which it. could reason- ably be inferred that the gift was~intended to influence him or could reasonably be expected to influence him in the perform- ance of his official duties or was intended as a reward for any official action on his part.' ~ :-- . .[ ~ :: '-' B. Confidential Information. He shall not disclose confidential ' information acquired'by him in the course of his official duties or use such information, to further his personal C. Representation before one's own'agency. He shall not receive or enter into any agreement, express or implied, for compen- sation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency 'over which he has jurisdiction or to which he has the power to appoint, jointly or separately, any member, officer or employee. Representation before any agency for a contingent fee. He shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of his municipality whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. -3- Disclosure of interest in legislation. To the extent, that the knows thereof, a member of the Town Board and any officer or employee of the Town of Southold, whet~er paid or unpaid, shall publicly disclose, in writing, on the official record the nature and extent of any direct-or indirect financial or other private interest he has in any matter, application, petition or pending legislation under consideration by any official board or agency of the Town of Southold ......... Investment in conflict with official duties. He shall not invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction which Creates a conflict with his official duties. Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties. Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town of Southold in relation to any case, proceeding or appiication in which he personally participated during the period of his service or employment or which was under his active consideration for a period of 90 days after the termination of service or em'ployment. § 10-22. Filing claims against town. 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 Southold or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. § 10-23. Distribution of copies. The Supervisor of the Town of Southold shall cause a copy of this Code of Ethics chapter to be distributed to every officer and employee of the Town within thirty (30) days after the effective date of this chapter. Each officer and employee elected or.appointed thereafter shall be furnished a copy before entering' upon the duties of this office or employment. § 10.2a.. Penalties for offenses. In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this chapter may be fined, suspended or removed, from office or employment as the case may be, in the manner provided by law. B. In the event~.that any;ind[vidual~!-associatidn, Partne~sh[p:;o~ corporation is -convicted of: a' violat|o~ :pursuant to.:§';;lO---21H~-~ then, in'addition to:any penalty-'Jmposed.'therefor~, individual; _associati0n~. partnershiP;or c0rporation.0~-a~y~ other individual; association~ pa~ership or corpo~,;~th whom the' congicted; individual:op; ~ntity ha~ ~a dire~i~--~ · indirecttpecunia~:, interest xshal. Ylbe- deemed bidder fop any contract subject to 0r held out,{or' p~bl~m. bidding and. shall be deemed ineligible to provide any_ services or goods not subject to or held out for public biddi.ng or dequ~ts for= proposals for=a period of three~:(3) years'from:,: the date;of cony Ction';~'wh ch period shail=.be -~xt~ded~bY' the ¢~:'~ . amoun~::of:~ime tha[,.~uch convi~ion is'under app~]~ ........ i 10-25. Annual satement of disclosure; additional definitions. r ?. . ::.. : ~.:.-~,,.~-.~..%.= ~ · ~..;:..~ :;:. .:: ,.. . :~ . ,. A. Additional-definition~:: . For $~ purposescef"this~ ~hacer,~:' ;-,;-v the following additional definitions shall apply;, - · .' ~:;' : - . A~OINTEE - Members of the Planning Board. Zoning Board of Appeals. Board of Assessment Review. Board of Ethics. Town Attorney, Assistant: Town Attorn*y, Assessors,- Building and _. Zoning Administrator, Building Inspectors,: Flanner, Bighwa~=': Superintendent, .Deputy Highway Superintendent, 5upe~isor, Deputy._Supervisor.-Chief of Police, Community Bevelopment:: Director. Stewardship Task Force. Conservation. Advisory .: : . Council, Landmark ~reservation.Co~issidn;?Southold. Town;s: ? Land Preserva~io'n Committee, Solar Energy 6ombission, 'Suffolk County (Southold Town's Representative), Council on Veterans:Affairs; 5outhold Town Shellfish Committee. 5outhold ToWn Committee on Health Issues and Services for the Elderly. Waterfront Advisory Co~ittee, .5outhold Town's ' Advocate for Suffolk' County Preservation C~mittee or: Open, ,'.: .. Space Funds, .Tree Committee, Southold Town Substance Abuse.. Committee, Southold Town Solid Waste Management Task Force, Southold Town Agricultural Advisory Committee, Southold Town Recycling Coordinator, Youth Board, Kenny~s Beach Shoreline Erosion Control Committee, Employee's Deferred Compensation Plan Committee. ... ; .:';- .- :.:: LOlL POLITICAL PAR~ OFFICIAL - shall be subject~to''finan- ': cial disclosure the same as defined and provided in General: Municipal Law { 810, Subdivision 6(e) ..... ' ~.',c,:-. RELATIVE - As set forth in General Municipal Law ~ 810, Subdivision 7. All elected officials and appointees shall file, within forty-five (45) days after adoption of this chapter and, thereafter, within thirty (30) days of taking office and otherwise, annually, a disclosure statement with the Board of Ethics on or before the 30th day of April to assure disclosure in accordance with this chapter and a disclosure statement shall be u.pon the form established by .the $outhold Town Board by resolution shall require disclosure of, at a minimum: (1) Real estate located within the town, owned by or in which the person has a financial interest. Receipt., either directly or indirectly, of payments arising from any subsidized government programs of which the town or a town agency is a recipient, subrecipient, sponsor or procurer of subsidized housing. (3) Private sector employment of self and spouse. (4) Identification of: (a) Partnerships. (b) Joint ventures. Corporations of which the individual 6r spouse owns or controls more than five percent (5%) of the stock or is an officer or director of the same, and such corporation is doing or may do business with the town. (d) Other business relationships, provided that the same is doing or may do business with the town. (e) Any professional licenses held by the individual necessary to lawfully engage in the profession, whether the individual is actively engaged or not, and licenses to practice law, a general description of the principal areas of practice; and, if a licensed real estate broker or salesperson, a list of any clients or customers with applications pending before the Town Board, the Planning Board or the Zoning Board of Appeals, including those clients or customers who had such applications pending within the previous six (6) months of the disclosure statement date. (f) Any not-for-profit or membership corporation in which the person is an officer, director, or member. -6- (5) Any interests that the-.:indi~idual~or~pouse~has in any ~ -'- ~ contract~ with the~town'and any ~sale ~of- service o~ property .:: :to the town;r: --.~': 'L¥ ~; (6); Any appearances, made. befo[e' a- ~own~ agency: or- board, ,,- . ~epYesenting'-a private interest;~,~. [7)' Any relatives or family r~siding 'in the_household with a financial interest gained by the sale of a service or property to the town. C. Additional time--to:.file,. ;:~y, Person'who is required to file an annual disclosure statement may request from the Board of Ethics: an extension td~file the disclosure.statement-,upon a showing ~of justifiable' cause or hardship; provided;: however, that sdc~ extension may not exceed a total of ~]xty :(60) days. D. Public inspection. Annual disclosure statements required to be filed pursuant to this chapter shall be available for public inspection in the Town Clerk's office. Review. and maintenance. The Beard of Ethics shall review and index by name and date all disclosure statements. Each statement shall be maintained by the Board of Ethics for a period of not less than three (3) years in the Town Clerk's office .... Failure to file. If an individual who is required: to file a disclosure statement has failed to file such statement in a timely manner or has filed an incomplete .statement, the Board of Ethics shall notify that person, in writing, of the failure to file or specify which portions of the statement are incomplete. The notice, which shall be sent by certified mail, return receipt requested; shall provide the public official with a fifteen-day period in which to cure the failure or deficiency and shall advise the individual that such failure subjects him to the penalties set forth in this Chapter 10, Ethics, Code of, of the Southold Town Code and Public Officers Law § 36 and Article 18 of the Ceneral Municipal Law, where applicable. .. - - : (lJ If the reporting individual fails to cure the deficiency within the fifteen-day period, the Board of Ethics shall send a notice of delinquency to the reporting individual and refer the matter to the Town Board for such action as the Town Board deems appropriate. -- ·: -7- § 10-26. (2) If the Board of Ethics determines that there is reasonable cause to believe that a. public official has knowingly and willfully failed to file an annual disclosure statement or has knowingly or willfully, with intent to deceive, made a false statement or given information which such individual knows to be false on a financial disclosure statement, the Board of Ethics may refer the matter to the District Attorney' or may refer to the matter to the Town Board. Disclosure of interests in contracts required. Any officer or employee who has, will have or later acquires an interest in any actual or proposed contract with the town or an agency thereof of which he is an officer or employee, which would otherwise be required to be disclosed on a required annual disclosure statement, shall publicly disclose the nature and extent of such interest, in writing, to the governing body thereof and the Board of Ethics as soon as he has knowledge of such actual or prospective interest. Such written disclosure shall be made a part of and set forth in the official record of the proceedings of such body. Once disclosure has been made by an officer or employee with respect to an interest in a contract with a particular person, firm, corporation or association, no further disclosure need b made by such officer or employee with respect to additional contracts with the same party during the remainder of the fiscal year. § 10.27. Disclosure of interests in applications required. 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 or grant requiring approval by a town board or agency shall state the name, residence and the nature and extent of the interest of any officer or employee of the town or of any political leader of a political party of the town in the person, partnership or association making such application, petition or request (hereinafter called the "applicant") to the extent known to such applicant. For the purpose of this section, an officer or employee shall be deemed to have an interest in the application when she/he, his/her spouse or their brothers, sisters, parents, children, grandchildren or the spouse of any of them: (1) Is the applicant; (2) Is an officer, director, partner or employee of the applicant; Legally or beneficially owns or controls stock of a corporate applicant qr is a member of the partnership or association applicant; or Is a party to :an'~agreement with :such. an applicant;, express or implied;:, whereby'.he may ~receiv~:an¥ Payment ori 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 five percent (5~)'of~he stbck ~a corporation whose stock is'listed on any public exchange shall not constitute an interest for the purposes of this section. D. Disclosure is not required in the event that the nature of review such .application is. ministerial in~ nature or involves::a: review :: appeal of ~ tax'a~sessment'. '~- ~' ~ ~ : ;~ ~.~ .:~-~,'-~:~ ~:;.~.:' , E. Contracts void; penalties.. '. · ,: . : .... -- : · . : ~: · ' · (1)'..A~y ·Contract willfully entered into by or with the town or an ~..: ~:- :··:··,agency thereof in which:there is an.interest:prohibited by this-_ .... section shall be null; void and wholly unenforceable;. ,~. (2) Any person or entity who willfully and knowingly violates the . provision of this section shall be guilty:of, a ·violation.. :: ARTICLE III Board of Ethics 10-30. Es~blishment; membership. A. Pursuant to and in accordance with. General Municipal ~w.~ 808-' a ~oard 0f' Ethi~ is hereby established; and the Town Board shall appropriate funds for maintenance and personal· services in connec- tion therewith. ' B. The Board of Ethics shall' be composed of five (5) members appointed by the Supervisor, subject to confirmation by the Town Board. In accordance with { 808 of the General Municipal Law, a majority of the members of said Board shall not otherwise be officers or employees of the municipality, but one (1) member shall be an el'ected or appointed municipal officer or employee. The Town Attorney or his designee, provided that such designee is an attorney, shall act as legal advisor to the Board of Ethics. Town Board shall consider the appoin~ent of special counsel to act as a legal advisor in the event that the Town Attorne~ or Assistant Town Attorney is unable to act. C. No person may be appointed as a member of such Board who shall: (1) Be an officer or committee person of any political party or club within the town. -9- (2) Be immediately related by family to any town officer or employee. Have business dealing with the town or any town agency, directly or indirectly, either personally or through some firm, association or corporation in which such person has an official capacity. The members of such Board shall serve fora period of two years at the pleasure of the Town Board and shall receive no salary or compensation for their services as members, except that any member who is .a town officer or employee shall be entitled to his usual compensation when attending upon the business of the Board during working hours. Members of the Board of Ethics shall be provided with legal defense and indemnification in accordance with the requirements of Chapter 1L~, Defense and Indemnification, of the Southold Town Code. Promulgat|on of rules and regulations. The Board of Ethics shall promulgate its own rules and regulations as to its forms and procedures, unless otherwise provided in this chapter, and shall maintain appropriate records of its opinions and proceedings, for which expenses it shall be reimbursed as a town charge, and an adequate appropriation for its operation shall be budgeted by the Supervisor. The members of said Board shall elect, from among themselves, a Chairman and Secretary. The Board of Ethics shall also promulgate a disclosure form suitable to imlSlement disclosure under § 10-9. Powers and duties. The Board of Ethics shall have. in addition to any powers and duties set forth in this chapter, the following powers and duties: The Board of Ethics shall render advisory opinions to town officers and employees with respect to his Code of Ethics. Such advisory opinions shall be rendered pursuant to the written request of any town officer or employee or former officer or former employee, under such rules and regulations as the Board of Ethics may deem advisable, and said advisory opinion shall be approved by the Town Attorney. In addition, the Board of Ethics may make recommendations with respect to amendments to the Code of Ethics upon the request of the Town Board. The Board of Ethics may authorize the Town Attorney to render informal advisory opinions as deemed appropriate by the Board. (2) The Board of Ethics shall receive and investigate all com- plaints alleging violation of this Code of Ethics upon the written request of any individual. This request must be signed by the individual complainant and must include his/her -10- § 10-~0. A. (3) acldress¥~; The Board· may alsc~: investigate on it~/own.initiative any possible violation of this Code of Ethics. The Board of Ethics shall have the power and authority, in its discretion;,, to r~nde~'reports' and recommendations to the:r Town Board for appropriate action, respecting unethical,.~"-~=~ practices in violation of this Code of Ethics and disclosure · law or any statute, rule or regulation relating to conflicts of interest, ,ethical 'conduct·:and interest of_. muni~:ipal= officers and.employees in contracts.' ,The Town Board'-in'its;discretion and consistent with statutony provisions :re'la.ting-to the' ';~. discipline oF removal of officers¥~employe~s,:and~agenc¥~-.'.~ ' · ~:~, = ~- member-s, 'may ,publicly .disclose~- the~,~-ePorts ~and ~re~ommendations .... ': Of' the Board of Ethics filed with it. (~) The Board of Ethics shall act as a repository for. completed ''-: disclosure forms required to.be filed pursuant to this chapter .~-"~-shall '~evieTM the same for pOssible.conflicts of interest and .;,; shall have the authority to promulgate rules and regulations which are necessary to carry out its duties, including the authority to promulgate rules and regulations as may be . necessary to assist the Board in the discharge of its duties. (5) All agencies of. the .town shall furnish to such Board. in 'connection with its investigations, such data; information' : and. statements as may. in the opinion of the Board. be · . · .' ~: :.necessary for,.the proper; exercise., of.,its fu?ction~?powers " and duties. (6) All requests for advisory opinions or interpretations and all complaints, investigations and proceedings shall be deemed. confidential unless otherwise provided- by law or Ordinance. ARTICLE IV Administration Compliance, distribution and posting. · Compliance- Compliance with this Code of Ethics shall be deemed a continuing condition of employment for all officers and employees~ . There shall also be a continuing duty to report to the Board of Ethics any action which may reasonably be interpreted as an improper attempt to influence an officer or employee in the conduct of his office. Distribution. Every officer and employee shall, subsequent to the date of enactment of this section, be provided a copy of this chapter, together with all amendments thereto- Failure to distribute, obtain the required signature or file the same with -11- the Town Clerk shall have no effect on the duty of compliance with this Code of Ethics and disclosure law or with the enforcement of the provisions thereof. Posting. In accordance with § 807 of the General Municipal Law, the Town Supervisor shall cause a copy of Article 18 of said law to be kept posted in each public building under the jurisdiction of the town in a place conspicuous to its officers and employees. Failure to post any such copy shall have no effect on the duty of compliance with said law nor with the enforcement of the provisions thereof. Any section or subdivision, paragraph, clause, phrase or provision of this Article shall be judged invalid or held unconstitutional by any Court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision solely judged to be invalid or unconstitutional. §. 10.~1. Amendment. This Code of Ethics may be amended from time to time by the Town Board by the adoption of further rules and standards designed to improve the administration of the town and protect the public or by supplementing the coverage of this Code of Ethics, to the extent permitted by law. II. This Local Law shall take effect upon its filing with the Secretary of State. -12- § 22~1 ETHICS. CODE OF Clmpler 23 § 2~1 ETHICS, CODE OF ~ 2~7. § ~-IL [HIaTOR¥: A,iopit~l by ~he Tow~ !/~rd ot the Town and E ~e~ al ~ ~ ~lci~za ot ~ ~e ~ 1, General gO. LtTI4 ~-~ .'?tON CODE § 2~2 A~ un-~d in t.Si~ elmptar, the fel!c~ng t~s .hMl ~ the ~E~ST- A di~ or in~t ~y or ~r~ ~r~ ~ng ~ a m~ei~ officer or ~mploy~ ~ ~lr of a ~nti~ ,~ ~ muniei~hty which m~h c~r or employ~ ~,~ For k~ p~ et ~ e~r, a rn~ei~ offi~r or employ~ ~ ~ ~ ~ k~ve m~ i~ in A. Nh a~ m~ ehll~n m,d de~n~ ~pt a c~nt~ ~ em~k~t '~th ff~ muaiei~ity which B.A ~, ~me~hip or p~on of which ~eh or employ~ is a mem~ or amploy~ ~r. 'di~mr or ~npBy~ A ~%m~n &W ~-~k d which ~ ~,~ or ~ntm{l~ dir~tly or in~ir~tly by aueh 8ffi~r or emplcy~. ETHICS, CODE OF § 23-8 MUNICIPAL OFFICER OP, EMPLOYEE -- An effi~r or emp]oy~ of ~e T~ ~f ~ut~p~n, whe~er p~d ar dc~m~ to ~ a %unid~ e~cer ~ employ~' ~le~ by ~ploy~ ~r ~t hke~/who F~ ~ ~ k, ~ ~ ~rg or a~, ia ~e d~ of i~ du:5~ hd~m~ ~ ~ a %unici~ o~ or empl~' !~r ~e p~ of ~ eh~p~r. [Ame~ ~!~i~t by LL Ng. i~l~lj Every off~r or emgloy~ ~ ~e To~ of ~mp~n ~1 ~-ab~ ~ ~ ~bide by ~ ~llo~ ~nd~ oi c~nduc~ A. Gh%. ~e sh~l v~ d~; or i~y ~licit ~y ~ nor ~pt or ~e~v~ ~v ~ hg~dng a ~ue cf ~nty-five doli~ ($7&) or mo~, v,-hehhe~ in ~e f~ of money, ~ 1~, travel, en~inmenh h~pi~!i~y, ~ .>r pmm~ or r~v~, ~ ~ ~ ~ him h~ L~ ~om~m hh ~ ~u~ or ~ in~ ~ a ~ for ~ B, C~afidenfig ir~on. He s~ ~t d~:l~ C. P~ve~nmfion ~e oe~'s o~ a~ney, lie ~ not or enmr inW 2~ a~,n~ ~ or imlffi~, for ~ muniei~ age~ cf which he ~ ~ offi~r, mem~r or empl~i~ or of any muniei~ ~en~ over which he jur~e~on ~ ~o which he b~' uhe ~we~ t~ ap~ing ~inOy or . SOUTHAMPTON COD~ D l~epr~sentatlo~ before amy ~_geney for a ~nfin~nt ~. ~e ~mpH~, for ~fion for ~4e~ ~ ~ r~e~ ~ wh~by h:s c~m~r~on :~ ~ ~ de~dent or u~ ~y ~fian by s~h agency '~6~ ~t ~, ~u~ mater, Dm'hd~ that ~is su~on ~E not p~hibk ~e f~ing ~: an7 time of f~ b~ u~-n ~he ~nable v~ue ~d the D~<losare of in~ce~ in know~ ~%er~f. a memEer of ~he Tv~m ~d ~d ~- o~cer 0r ¢~p!oy~ of Cboe To~ of un~id, shail publicly d~i~, in '~, un Lhe o~ci~ r~. ~e v~m'e ~d e~nt of ~her pH~ate '~r~t he ~ in ~ny m~t~r, appli~tlan, ~on or ~nding official ~d or agency of ~,e %wn of Eouthampmn. or hold any iav~en~ di~tiy or indir~;, in ~ h~ncial, b~ip_e~, ¢~mmereia} or other ~riw~ t~<Oon which mF,4c~ or emple~ent mS~ ~ueh mm~iei~lity, ap~ ~fOre ~y ~ or ~nt3, of which ,,~ under Ms ~ !'g4. ~!Lng claims a~&trm t,>~a~ Nothk~g herein shall ~ d~ ~ b~r ~ prevent the timely filing by a pr~n~ or [ormer municipM o~.~r: or employ~ of ~r~y claim. 2304 a- z~- ~ ETHICS, CODE OF § ~ a~unL clenmz~d ,~'r a-aR affair,st the 'lb',wa og ~outharnp~On ar any ~ney ~h~ on ~ of him~!f o~ ~ mem~r o~ h~ f~ly ~ing ou~ of ~y ~v~ i~zr3' or pm~rty d~e or for ~ay § 2&5. Dhrtribu~on cf e~pies. The Su?r, lsor of the Town ~ ~uth~mp~n ~1 ,~ a ~py of this ~e of E~hi~ ehap~r to ~ d~tribut~ ~ ~very o~icer ~d employ~ of flxe ~.m within ~hir t7 (2{;) ~ ~r ~e eff~6ve da~ of th~s chap~r. E~h officer and empioy~ e~ee~ Or ap~inted h~ ~i~ or emplo~ Pe~ for et~%v.~,'~ [.~me~ndc-d ~!~-I~91 by Lk So. 1~., ~y ~n who ~b~i or r,~ov~ ~m ~ 6r e~p~n~n~ as ~e ~ may ~, in 6~ m~ .~M by law. In ~ae ¢~ent ~t ~y iadi,Ad~, ~q~ion, ~me~p or then, in ~ifion ~ ~ ~nalty imF~ ~erefor, such indi~4duM~ ~i~ff~, p~ership or ~z~fion or ~v o~er indMduM. ~i~a, r~P or ~'~m~ .~ whom · ~ ~nMe~ kadiMdu~ er ~d~ h~ a die~t or indict ~uniary inm~ ak~i m~' ~atr~ ~bj~t ~ or held on~ Mr pabhe bMd~ng ai:d sh~l ~ d~m~ ~ei~glble m pm~4da ~* ~;~ or ~ not subj~:t ~ ~r held o~ for pubiie bMdmg or ~u~ for pm~ for ~ ~ cf ~n~5~on, which ~ ~H ~ e~ndM by ~he ~oung of - - 2-305 a ~. ~ § ~-7 SOL;THAMFTON CODE [Add~ %i~19~i by L~ No, A. Adfli~o~ d~n~or~. For t~e p~ of ~ draper, APPOINTEE- ~em~ of ~h. Planing E<~, ~d of Ap~, ~d of ~meat Ra~ew, P~%w ~d, lJce~ing p~w ~'d, F~d ~ D~put. y To~ Atto~es.~, ~le A~L Y'lznning ~ld~ng mad ~ning A~inDt~mr. Chief guilding P~':~ ~d F~reakit,n Sa~rin~ndenL C~mptmller, ~nlmt:oa Su~r. Chie~ of Po!i~, Community ~elopm, m; Dk~tor T.a~ Pi~er, T~;~m Et~n~r, A_nim~ Contm~ Su~r k~ F~TIC,~ PAP. TY OFFICIAL -- S~] w.~ ~d :b~dl be a:2b~t m 5-~tciM d~zre as ~e ~nm is defin~ m~ p~,dd~ ~ ~me~ M~ici~ ~w- ~ 810, S~i~mion P~TP~ -- ~ ~ for~ hn ~ne~l M~ci~ ~w ~ 810, =et fer~. ~ ~ ~5. ;ruder ~e ~finifion ~ily," 8u~aorm A and ~ ~.~ B. All el~A o~ci~, ap~in~ ~d I,~ r,~ty okqc~ s5~ll Eth/~ on or k~ore the 3!~t day of Janu~y ~ C. ~;e dk~m-e ~ement ~ ~ u~n ~e Co~ ~)%h~ by kqe 2~uih~xpmn To~ ~ by r~iu~on ~d .~ ~ui~ (;) P~ ~e~ I~ ~4~in Lhe ~'~m, o~,~.~ by or in which ~e ~n ~ a financial in~ (2) P~i~ either di~fly or ~_flir~t~. ,~f p~ten~ kom ~, su~idi~ ~vemment p~om ,~f which ETHICS. CODE OF § 2~7 ' (3) - ~de ~4~ employment (4) Iden6fic~ of: (a) P~m~him. ~ mntmh mo~ ~h~ riva ~rcen~ (~%) of ~a at~k ~n i~ doir~ {d) O~he~ b~n~ ~Nfic~hi~, pm~'~ h~t the ~me ' g doing or may do b~in~ (e) ~ny p~f~ion~ ii~ ~id by ~m k~di,Ad~l whe[her oho indiffduai ~ ~ve]7 ~g~ or nO~ m~d iieen~ m p~ }a~ a ~ne~ d~wip~on of ~e pHnei~ ~s of ~z broker or ~, a ~,t of ~y chen~ or e~t~mem M~h [pplie~tiorm ~.nding ~fore the T~,~ ~'d, ~* P!~_ning ~rd er ~e ~ning e?s vho ~ sud~ appli~fio~. ~e~ding ~h~i~ ~e (5) Any inca ~at ~m inditqd,~ or ~ the reprinting a pri~te (7) ArO' relafi~ or ~mily ~idivg in ~e ho~hold ~i~ a which fine indMdua! or liable. · § '>_3-7 Additionai time to file..&ny ~er~n who i~ reqttL, ed to a~nna_', di~e~_~m-e a~a.~,noat ma&' r~,a~t fm~ Lhe ~&rd ~.i~ ~z exte~mk, n ~ file ~he di~l~ s~ttement Pub!lc ins~d~n. Ann~ d~i~e ~men~ r~k~ P~v[~w and m~/n~r~m~. ~:e ~d of ~th~cs sh~i review ~:d ir. der by name and da~ ~ d;~cl~uve sm~tqen~. Each ~r~ of not !~ faan ~hr~ (3) yCmm in tke To'~ wail,~ to file. If ~ indihdual who ~ t~u~ di~i~-a~ ~a~ment 5~ ~1~ ~ file ~d~ s~re~nt in a fi~¢ ~e s~ffy which ~rtions of ~;e ~le~ent are The nodce, which s~l ~ ~nt by cerr;fi~ ~1, r~ip: r~u~; si~l pro~fde ~he puli:: official fi~n4~, ~ri~ in which ~ cure ff~e ~i~. or defieier, cy and s~d[ ~ the indi'fidm~ +&:at such ~Iu~ subl~m ~im m d~e ~r,Mt/~ ~t forth ia ~h CMpmr ~, Ethic, C,~e fi~e ~u~pmn Tc~m ~e ~md Pabi~ C~e~m ~w fi 36 aztd Article 18 ei the Genera[ Muaieipal Law. where appllmble. (!} ~ tk, e ~rdng indMd~ h~ m cure the vAuh~n the ~n~ay ~c~, ~.e ~d of E~hi~ shall and r~er ~e m~t~e to ~e Town ~d tot such ~fio~ (2) If %e ~'d of ECn[~ d¢~in~ ~h~t there ~ red. table ca,m~ m ~lieve ~ut a public o~¢i~ h~ ]mox~qngly znd wiilb~lly fai~ to 5J~ ~ amm~ dis¢~ure a~ment h~ ~oM~ly ~d Mildly, ~qrh iu~nt m d~R'e, a fal~ ata~ment or given infonuat~on which such ETHICS, CODE OF § 28-9 Ar, y ~e~r or empl~ who h~, ~11 ha~-e ~e;~I of which he ~ rcouirM ~ ~ di~l~ on a sh~l ~ubHcly d~i~ ~t.ing, m ~e go~n~inz '~itten di_~k~e a~ ~ rome a ~t of~d ~: fetch in the o~ci~ r~erd ofdne p~i~ of ~ch ~y. ~me ~h.s~e.~s ~n m~e by ~n ~r or emp!oy~ a. p~-tSeular ~n, ~, ~g~6on or ~cia~n, no ~rt~r d~immr~ n*~ ~ addition~ con~r~u fi~ y~, A. Every applicatioa, petition or reques': submitted for a v~a-~, amendment, ch*J¢ of ~nbq~, approval of a plat. exsmpfion ~m a plat or c~ciai map, I[~ or ~it or _~'ant ~uidng a~pro~l by a m;~m k~d or ~ncy s~] s~e ~he nme. r~idence and ~e ngtm-e and ex.nC of the in~ ~f ~y effi~r or em~icy~ of the ~,~ or of any- ~,li~ i~er of a ~lid~ p~ty af the ~m in [he ~mr~hi~ or ~on m~<ing such appli~tion, ~tifion ~qu~t (b~e~r~2r ~!~ ~he "ap~li~nt~ ~ ~he e~mnt Fro' hhe pu~ o{ th~ ~tio~, au o~Seer or employ~ s~l d~m~ ~ have mn in~r~t in ~5e applieati,Jn when she~ne, 2S09 s-~ .~ § 2$-9 SOUT!{AM_ _PTON CODE (2/ Is ~n officer, diree¢~r, p~rtner or *mpi*y~e of the appli~nc (3) ~a!ly or beneficially o~ ¢r c~n[rol~ ~{~on ~Dpli~t; or exDc~ or hmpti~, whe~by he n~v r~i~,{~ ~ ~ent ur o~er ~ wh~ther or ~m[ for ~:~ render~, tach ~ppli~tion, ~fi~t 6r C. O,~em~ of i~ hu~q ~ve ~rcem (5%) o~ the ~k ~f a D. D~e ~s net ~eqair~l ~n ~e event that ~m a re,Sew &~d' ap~ cf, ~ E. Con~ wad; by this section shall be null, veld and wholly (~) ~&~W ~onor entky who ~d~ally ~nd ~ng]y 'nola~ ~-~a.m §' 2~-i0' ~-' ETHICS, CODE OF § 23-10 .... · Town Board. In ~eord~nce ~G~n ~ 868 of t&e General ~,~umc~pm ~w. a m~iE~ of ~he mem~ of ~id ~r~d shall one (t) mem~r s~ll k~ an e[~ or ap~!n~ munic~l -' · . . ~all: (1) ~ an offi~r or ~mmit~ ~*~n of ~y ~]it~l party ' or club adth/n Lhe ~, · ~; .-'"'"~ . ' ".~ .... em¢l~y~. · .'/ ¢ ' ~" ..'" Q:" ~ '.': :.. , (a) Have b:~i~ d~lins~ ~th ~he [o,.~m or any ~wn . a~ency, directly or indireed7, ekher personai[y .';j-'."."='.. ~ jj' "'.'..' '. '-:~'~ '.:'. rmmugn ..... ~me ~, ~i~tinn or ~r~rafion in which ' ::~ :7" - .... . · ' 'Y' ~ch ~n n~ an offiei~ · ?-. ':;Q. - .,.....;.~:':.....';.:..' . .~.:.. D_ The m~m~m ci suen ~a sn~ ~m~ ac the ple~e of the ( ~. ': '" To~ n ~d m~d s~ll r~ive no xglary cr ~m~t[on for .?;.': ::~:: ,.' ;,.. ........ .. ,.. : - - - .' . - ~he[~ ~r~5~ ~ mem~, except t~t any mem~r who is a ~'...(r ~ '. ;'.: / :~ ~} ? -;'.::'}~:".":;}~:~, ,, · , , , , ~ ;) com_~ez~m~It°wn oilier v,'~n°r employs. , shall~ ~theenti~led m his usual ;.. .... .: :._:/:.."': ..'. ~nemg u~n bt~in~ of ~he ~rd ;"' '.".'. ','. '...'::."-'- ". '. duri~ workhg ho~z. ........ ' ' " ' ' . "~-c. 2..:~' w F .... ' ',, ' ,' ' ~ ' '~ ..]..~( ,i:~.{......~ :....:; '~q..': ....: :;:-.- ' ' ~h~ promu~ ;~ own ra!~ and ~miatiop~ ~ ~ a- ~-~" ", uni~ ~hem'i~ pm~qd~ n ~s ehaDmr, and ...." : .. . .i,;. ;.( .... .. ~_d~.~,~, ' ":,}/7'.-;', ....-:. .... :' . .'-" . ...'. ;:?:' ':' ., '..'. ' ".,.. a~ail' ' rnamta,n' ' appropria~ records of i~ o~inions and · ~: ;-> ,-./.';,.:.:::;:,,':. ,. .3' ':'., :. -;. ) ,, prc~e~ings, for w~ ex~ k shMi l~ reimbu~. m,~, ~,~e, arid ~ zd~ua~ a~omprh[mn for ~ ;.:..- ~. ....,-.,..... : .:. . :~ .-:.:~i .......... . , · - , ........ 2311 a.~.~ § 23-10 SOUTHAMPTON CODE G. g~we~ =nd dufim. The ~d of g~hies town o~ce~ and e~,pioy~ with r~ ~e this O~e of employ~ or [ornmr o~cer or fomer empJ.ey~, under such rul~ m~A r~!ations ~ the E~ard ~f Ethi~ m~v deem ~bie, and ~id ~5~ory opinion app~vo~ by ~q¢ Tc.wn At~ey. To,.~m ~d, ~ne ~d d~med ~ppropr~ by t~e {2) ~e ~d of E~J~ sh~l r~ive ~d in~md~ att ~mplzin~ alla~ng ~ola~ion ai ~is C~e ei Ethi~ u~n ~ si~ by g~e indi'Ad~! ~mplainar~ ~d :m~ include k~~ r~d~. The ~rd may (3) Th~ ~d ef ggq!~ sh~l k~ve ~e ~'.ver ~d authority, m Gn~ Tov, m ~ for app~p~te ~fioa r~ting dk=el~re law or ~ ~m~, rule or =~M~xion relating nmn~¥~ ~ m~d empicy~ in cont~ts. ~e To~m piD~iop~ ~{~ng ~ the dc~iplin~ or ~mo~ *mplay~ e~ad ~e~cy m~mh~m, m~y pukiicly dNcl~ Lh~ re~r~ ~ud r~mmend~uo~ of the ~d of E~hi~ 2312 '\ ETHICS. CODE OF § 23ql .' .u. - ~ ' '. "~':..¢..2-'..~ ','..:'...~ ' ' . . ~ . ')'~ ..'. · ...: j.:. , . .. .....? --". · (..',.' -..- /. ;.~i- ~..~ ....~ (i} The Board of Ethics shall ac~ ~ · rep.~sito:v for ~rnpie~ d~l~ui'e forms ~equir,~ ~, ~ fi!~ pu~u~t of fn~r~t aild sh~l have ~e autk,¢ity m:promul~ dut~, ineludin~ hhe auh;~rky ~ ~remui~at~ ralm and d~h~ge of its (5) Ail a~enci~ of ~e ~;m sh~l ~mhh m such ~d. in ~nno2tion wi~ i~ invea~gmtio~, ~m:h ~ infor~fios. and du (6) . Ail r~'am~ f~r M~Smry opini~ er inm~vemtiev~ .~d d~mm mr~dentfal unl~ o~em.q~ pro~dc~ by law er o rdip~.~,ce. A. C~mpl~m~ Com~lk~ ,~5th ~h~s C~ of Ethi~ shM! d~m~ ~ centinulng t~ndifion d em~io)ment fer all and employs. %~nere sh~l ~ ~ a ~n~nuing duty to re~rr Jn~rpre~ ~ ~x impro~r atmpt '~ ir~uence ~ o~eer or emptoy~ in the ~ndue~ of h~ B, DistnhaCcm Every o~eer ~d employs: sb~, ma~uent ehap~r, ~d~er ~4~h. all ~eadmen~ ~here~. Faille diambum, ob~fi~ the r~uirM s~a~e or hie the mine with the To;~m Clerk zhaii ~&,'e ne eff~t on &e dory of eompli~ee · ~th th~ C~e og E;hi~' &ha d~!~a~ ~w er ~ C. Pc~tie~. In ae~d~me ',,Sth ~ ~Og ~ ~e C~n~r~ Munlei~l ~w, tb_e Tov,~, Su~5~r shall ~ a ~py of Article 18 of $Oi~'HAMPTOH CODE law to ~. kep~ p~s~ in ez, ch public huiid~ng under the juc~ie~on of the tm~ ~a a pi~e CO~Dicu/au~ to i~s o~ ~H~t on the duty of compliance ,~ ~d !~w nar '~.Sg~ the Th~ &A~. ef Ethic-s may ~ amend~ from tim~ m 5me by ~ T~¢,~ 2'~rd 5:., ;he ~op~ion o! ~rther ~i~ ~d ~da~4s ~i~,e~ b~m~t~ by law. 9.1114 ~_~.~ .-% LOCAL LAW NO.' 3 OF 1993 LOCAL LAW to amend Section 23-7 of the Town ef Southampton. E~,~D by the Te~n Board of Southampton as follows: of the Code of the Town of SEC~=O~ 1. ~.3-7 TM of the Code is amended as B. Ail elected officiels, appointees a~d ~oc51 party officials shall fi!e, within forty-five (45) days after adoption of thi6 chapter sod, thereafter, within thirty (30) days of ~aking office and o:herwise, annually, a aisclosu~e statement with the Board of E=hics on or before the 30th day of April to assure disclosure of such financial information. SECTION 2. Severability. ff any section or subsection, paragraph, clause, phrase er provi~ion of this law shall be judged invalid or held unconstitutional by any court of competent ju£isdiction, any judgement made thereby shall not affect the validity of this !aw as a whole or any parr thereof otneu than the par~ or ~rovlsion so adjudged to be invalid or unconstitutional. SECTION 3. Effective Date. · This local law ~ha~l- take effect .upon =~l.ng~' { with the Secretary of Stat~ pursuant to the Municipal ~ome Rule Law. LOCAL LAW NO. lg OF 1993 ..... C.~ LAW to ~mend Section 25-i0(B) of the Code of Ethics of the Town of Southampton to delete the provision t,~at the iown Azterney shall act aa legal advisor to the Board of Ethics. BE Tv~ ENACTED by the Town Board of the Town of Southampton as ~...lo.o: SECTION !. Legislative Purpose The Town Board finds that the integrity and the objectivity of the Board of Ethics would be best maintained by the establishment of a Board o~ Ethics without connections ro she governing body of the municipa!iry or irs employees. Therefore, it is the intent of the Town Board to appoint special counsel ro act as.a legal advisor for the Board of E~hics. SBCTION 2.' ~23-I0 of the Code is amended as follows: B. The Bozrd of Ethics shall be composed of fSve members appointed by the Town Board, subject to confirmation by the Town Bo, rd. In accordance with §SOS of the General Munic~pa~ Law, ~ majority of the members of said board shall not otherwise be officers or employees of the municipality, but one {i) member shall he an el=cted or appointed municipal officer or employee. SECTION 3. Severability If any section or subsection, paragraoh} clause, phrase or provis~on of this law shall b~ judged 1mw. lid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affec~ the validity of ghi~ law as a ~hole or any part thereof other ~hao the par[ er pro~ision so adjudged to be Jura!icl er unconstitutional. SECTION 4. Effective Date Thi~ local law s~all Secretary o£ Stat~ pursuant take effect upon to ~he Municipal filing with the Home Rule Law.