HomeMy WebLinkAboutLL 06 of 1993 Recusal from Voting LOCAL LAW NO. 6 FOR THE YEAR 1993
A LOCAL LAW AMENDING THE ETHICS RULES APPLICABLE TO TOWN OF ITHACA
OFFICERS AND EMPLOYEES AS ADOPTED BY LOCAL LAW NO. 4 OF THE YEAR
1992 TO CLARIFY THE INTERESTS REQUIRING RECUSAL FROM VOTING.
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Local Law No. 4 of the year 1992 establishing revised ethics rules applicable
to Town of Ithaca officers and employees is hereby amended as follows:
(a) Section 7 entitled "Recusal from Voting or Other Discretionary Act" is deleted and
the following Section 7 inserted instead:
Section 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:
(i) "Contract" means 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.
(ii) "Interest" means a direct or indirect pecuniary or material
benefit accruing to a Town of Ithaca officer or employee as a
result of a contract with the Town which such officer or employee
serves. For the purposes of this section a Town of Ithaca officer
or employee shall be deemed to have an interest in the contract of
(A) His/her spouse, minor children and dependents,
' (B) A person, business, or other entity who has given
campaign contributions of more than $1,000.00 in the
aggregate during the official's last political election,
(C) Business partners, or a business, association, or other
entity of which the official or employee is an owner,
partner, officer, director, or significant shareholder as
described in Section 3 of this law, and
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(D) 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 as described in Section 3 of this
law.
(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 officer or employee has an interest, the officer 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 paragraph (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
subparagraph (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 hereafter created.
Section 2. If any provision of this law is held by a court of competent jurisdiction to be
invalid, that decision shall not affect the validity and effectiveness of the remaining provisions
of this law.
Section 3. This law shall take effect within 10 days of its adoption or upon its filing with
the Office of the Secretary of State, whichever is later.
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