HomeMy WebLinkAboutLL 14 of 2011 Ethics Code Chapter 32 TOWN OF ITHACA
LOCAL LAW NO. 14 OF THE YEAR 2011
A LOCAL LAW DELETING CHAPTER 32 OF THE TOWN OF ITHACA CODE,
TITLED "CODE OF ETHICS", AND ADDING A NEW CHAPTER 32, TITLED
"CODE OF ETHICS"
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 32 of the Town of Ithaca Code, titled"Code of Ethics", is
deleted in its entirety.
Section 2. The Town of Ithaca Code is hereby amended by adding Chapter 32,
titled"Code of Ethics",reading as follows:
"Chapter 32
CODE OF ETHICS
§ 32-1. Purpose; effect of statutory provisions.
§ 32-2. Applicability.
§ 32-3. Annual disclosure.
§ 32-4. Gifts.
§ 32-5. Confidentiality.
§ 32-6. Conflict of interest prohibited.
§ 32-7. Recusal from voting or other discretionary act.
§ 32-8. Land speculation.
§ 32-9. Inducement of violations.
§ 32-10. Claims against Town.
§ 32-11. Local Ethics Board.
§ 32-12. Penalties for offenses.
§ 32-1. Purpose, effect on statutory provision.
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A. The purpose of this chapter is to establish minimum standards of conduct
to help ensure that the business of government is free from improper
influence that may result in opportunities for private gain. The Town of
Ithaca recognizes that public officials must exercise their official duties
solely in the public interest, and must avoid even the appearance of
conflict of interest. The standards and guidelines set forth in this chapter
are intended to minimize unwarranted suspicion and to avoid potential
conflicts of interest before they arise. Notwithstanding any specific
omissions in this chapter, it is the responsibility of public officials to come
forth with information regarding personal involvement in matters before
the Town and to avoid associations or actions that may interfere with the
proper discharge of their public duties.
B. The rules of ethical conduct of this chapter shall be in addition to those of
§§ 810 through 813 of the General Municipal Law and any other general
or specific law relating to ethical conduct and interest in contracts of
municipal officers and employees. To the extent the provisions of this
chapter conflict with the provisions of§§ 810 through 813 of the General
Municipal Law regarding the filing of disclosure statements and the
materials to be disclosed, it is intended that the provisions of this chapter
shall supersede the analogous provisions of the General Municipal Law.
§ 32-2. Applicability.
A. Unless otherwise specified, this chapter shall apply to all elected and
appointed officials except citizen board and citizen committee appointees
(the officials to whom this law applies are hereinafter referred to as
"officials"), Attorneys for the Town (whether paid as a Town employee or
retained under separate contract or agreement), and all employees of the
Town.
B. For purposes of this chapter, "family" shall include an official's or
employee's spouse or equivalent member of a household sharing living
expenses, and any of the following, if residing with the official or
employee: child, stepchild, brother, sister,parent, dependent.
§32-3. Annual disclosure.
A. Applicability. Persons holding the titles listed on the Ethics Disclosure
Statement Distribution List shall be required to complete an Ethics
Disclosure Statement:
(1) Upon election or appointment;
(2) By April 30 of each year thereafter; and
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(3) Within 30 days of any change in the information required on the
Ethics Disclosure Statement.
B. The Ethics Disclosure Statement form and Distribution List shall be
reviewed and approved annually by the Town Board at its Organizational
Meeting.
C. Such disclosure statements shall be kept on file as public records by the
Town Clerk. Public notice of the existence and availability of such file
shall be made annually by announcement at the May Town Board meeting
and publication in the official newspaper.
D. Matters to be disclosed shall include holdings or associations as described
on the Ethics Disclosure Statement within the twelve-month period up to
and including the time of filing.
§ 32-4. Gifts.
A. Officials, employees, their spouse/equivalents, or any person or entity
acting on their behalf may not solicit or accept monetary gifts or loans of
any amount or promise thereof, or any gift, including services,
entertainment, thing, or promise thereof, having a value of$75 or more,
from any person or agent of a person, corporation,partnership,
unincorporated association or other entity who the official or employee
knows is considering or has had,within the previous 12 months, any
business dealing with the Town of Ithaca that involves any discretionary
act by the official or employee.
B. Refreshments or meals that are provided as part of an informational
presentation in a group setting or as part of a reception shall not be
considered gifts under this section.
§ 32-5. Confidentiality.
Except as required by law, officials and employees may not disclose confidential
information acquired during the course of their official duties or use such
information to further their personal interests or the personal interest of their
families.
§ 32-6. Conflict of interest prohibited.
A. Other than acting solely on behalf of himself/herself, no official or
employee may act as a representative before the Town for any entity,
including boards and commissions on which the official or employee has
represented the Town, that has a business dealing, including requests for
Adopted November 7, 2011 3
rezoning, variances, legislation, bids on contracts, or any other matter
before the Town during his or her term of office or employment with the
Town. In cases in which an official or employee represents himself or
herself on a matter before the Town, he or she will refrain from voting or
otherwise taking discretionary action on the matter, as provided in § 32-7
of this chapter.
B. For a period of four years after termination of his or her term of office or
employment with the Town, other than acting solely on behalf of
himself/herself, no former official or employee may appear before the
Town, including boards and commissions on which the official or
employee has represented the Town, in relation to any matter upon which
he or she took any discretionary action during his or her term of office or
employment with the Town,unless requested to provide information by
the Town.
C. A Town official shall exercise due diligence in avoiding conflict of
interest when voting on matters brought before the Town by entities with
whom the official is employed as a non-officer. Any action that could
reasonably be interpreted as potentially benefiting the official's career
advancement, salary, or standing within an organization shall be deemed a
conflict of interest and be subject to the provisions of§ 32-7 of this
chapter.
§ 32-7. Recusal from voting or other discretionary act.
A. Definitions. For purposes of this section the following definitions shall
apply to acts under this section:
CONTRACT --Any claim, account or demand against or agreement with
a municipality, express or implied, and shall include the designation of a
depository of public funds and the designation of a newspaper, including
but not limited to, an official newspaper, for the publication of any notice,
resolution, ordinance, or other proceeding where such publication is
required or authorized by law. "Contract" shall also include, for the
purposes of this section, an approval or denial of a rezoning, subdivision,
or variance, and shall also include a determination of environmental
significance.
INTEREST --A direct or indirect pecuniary or material benefit accruing
to an official or employee as a result of a contract with the Town which
such official or employee serves. For the purposes of this section, an
official or employee shall be deemed to have an interest in the contract of
(1) His/her spouse, minor children and dependents;
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(2) A person, business, or other entity who has given campaign
contributions of more than$1,000 in the aggregate during the
official's last political election;
(3) Business partners, or a business, association, or other entity of
which the official or employee is an owner,partner, officer,
director, or significant shareholder; and
(4) A person, business,partnership, corporation, or other entity who is
represented in a professional capacity(such as attorney-client or
real estate broker- customer) by the official or employee or by any
business, partnership, corporation or other entity of which the
official or employee is an owner,partner, officer, director or
significant shareholder.
B. Prohibited actions. Whenever an official or employee is called upon to
vote on, advise on, or otherwise take discretionary action on a contract
before the Town in which the official or employee has an interest, the
official or employee shall immediately declare the nature of the interest
and shall refrain from taking any action or inaction that would affect the
outcome of the matter. Such declaration shall be made a part of the public
record concerning the matter.
C. Interpretation. All instances involving the appropriateness of abstention
from discussion and voting by a member of a Board by virtue of
Subsection B above may be referred to the Ethics Board, who will render
an opinion on the propriety of such voting within 30 days. Such
interpretive opinion may be requested by any member of the Board.
D. Whenever any Board member becomes aware of a possible vote in
conflict with Subsection B above involving such Board member or any
other Board member, he or she may raise the issue at the meeting and
request the matter be referred to the Ethics Board.
§ 32-8. Land speculation.
A. Large-scale land speculation by officials may be perceived as an abuse of
the privilege of office. It is recommended that during his or her term of
office and for a period of 12 months thereafter, such official, his or her
spouse/equivalent, and his or her business or other entity of which the
official or spouse/equivalent is an owner, partner, officer, director, or
holder of controlling interest, shall not acquire real property, or any
financial or development interest in real property, of more than a total of
25 acres zoned residential, or more than five acres zoned commercial
anywhere in the Town of Ithaca or its contiguous boundaries, for purposes
other than the official's primary residence. Land purchased in an
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agricultural district for agricultural use is excluded from this
recommendation. A failure to comply with this section shall not be a
violation of this chapter.
B. During his or her term of office, no member of the Town Board, Planning
Board, or Zoning Board of Appeals or his or her spouse/equivalent shall
enter into a business relationship with any other member of said Boards
for the purpose of buying, selling, developing, or holding real property in
the Town of Ithaca or outside the Town contiguous to its immediate
boundaries.
§ 32-9. Inducement of violations.
Any person who intentionally induces any official or employee to take any action
or refrain from taking any action, which action or inaction violates any provision
of this chapter, shall be guilty of a Class A misdemeanor, and shall be barred from
doing business with the Town of Ithaca for a period of five years.
§ 32-10. Claims against Town.
Nothing herein shall be deemed to bar the timely filing by a present or former
official or employee of any claim, demand, or suit against the Town on behalf of
him/herself or his/her family arising out of any personal injury or property
damage or for any lawful benefit, or from receiving a municipal service or benefit
that is generally available to the public.
§ 32-11. Local Ethics Board.
A. The local Ethics Board in existence immediately prior to the effective date
of this law shall continue in existence. Members of the Ethics Board
serving immediately prior to the effective date of this law shall continue to
serve on the Ethics Board with the same terms of office that existed under
the prior law. The Ethics Board consists of five persons, reviews the
Ethics Disclosure Statements and this Code of Ethics, and recommends to
the Town Board any changes which it deems appropriate. It also renders
advisory opinions on any matter of ethical conduct of Town officials and
employees, on its own initiative or at the written request of the Town
Board or any official, employee, or private citizen. The Ethics Board shall
have the power to conduct investigations and refer cases to the Town
Board for consideration of appropriate action. The Ethics Board may
establish rules for its own operations, but whether included or not, the
following procedures shall pertain to its activities:
(1) The Ethics Board shall state in writing the disposition of every
request for opinion and every investigation it conducts, and the
reasons for the disposition.
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(2) Any changes in this chapter that are recommended by the Ethics
Board shall be discussed and acted upon by the Town Board in
open session, with Town Board action occurring within two
months of the issuance of the recommendations to the extent such
timing is reasonably possible in light of scheduling constraints and
the other responsibilities of the Town Board.
(3) The Ethics Board may not conduct investigations of itself or any of
its members. Complaints against any member of the Ethics Board
shall be made to the Town Board.
B. Appointment and removal.
(1) Members of the Ethics Board shall be appointed by the Town
Board and may be nominated by any member of the public.
(2) Ethics Board members may be removed by the Town Board for
reasons of gross misconduct, substantial neglect of duty, or
inability to perform the duties of office.
C. Term of office. The term of office of Ethics Board members shall be five
years. No member shall serve more than two consecutive terms.
D. Qualifications.
(1) Members of the Ethics Board shall be chosen from among
Tompkins County residents.
(2) No Ethics Board member shall hold office in any political party;
for this purpose membership on a town, county, state, or national
party committee shall not be deemed to be holding office in a
political party; provided, however, that any person who is a
chairperson, vice chairperson, secretary, treasurer, or the holder of
any similar office in a town, county, state, or national party
committee shall be deemed to be holding office in a political party.
(3) No more than two Ethics Board members may be from the same
political party.
(4) From the period of 12 months prior to appointment throughout his
or her term of office, no Ethics Board member or member of his or
her family shall hold elected or any other appointed office or
employment with the Town of Ithaca, except as a member of a
citizens' advisory board.
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(5) From the period of 12 months prior to appointment throughout his
or her term of office, no Ethics Board member shall be a party to
any proceeding before the Town of Ithaca or have business
dealings with the Town of Ithaca other than normal, routine,
ministerial requests, such as applications for building permits,
certificates of occupancy, marriage licenses, or other similar
ministerial matters.
E. Applicability. Members of the Ethics Board shall be subject to the
provisions of this chapter.
§ 32-12. Penalties for offenses.
Violation of this chapter shall be punishable as a Class A misdemeanor with a
maximum criminal fine of$500, and in addition, violators are subject to civil
penalties not to exceed $100 per violation and/or disciplinary action as provided
by law. The Town may also seek injunctive relief to enjoin a violation or compel
compliance with this chapter."
Section 3. In the event that any portion of this law is declared invalid by a court
of competent jurisdiction, the validity of the remaining portions shall not be affected by
such declaration of invalidity.
Section 4. This local law shall take effect immediately upon its filing with the
New York Secretary of State.
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