LL 01 Code of Ethics „ STATE OF NEW YORK
DEPARTMENT OF STATE
ALBAN ]2231 0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
March 28, 1997
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 1, 1997, filed 03/27/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
qol*j C.,L-
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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printed on recycled paper
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FAX TRANSMITTAL SHEET
TO WN OF Q UEENSB UR Y
TOWN CLERK/RECEIVER OF TAXES
742 BAY ROAD, Q UEENSB UR Y, N. Y. 12804
PHONE NUMBER 518 761-8234
FAX NUMBER 518 745-4474
SENT BY: TOWN CLERK
RECEIVER OF TAXES
DATE: 37 , 197
DELIVER TO:
FAX NUMBER:
TOTAL PAGES'
COMMENTS:
TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
TO: OFFICERS AND EMPLOYEES
OF THE TOWN OF QUEENSBURY
RE: ETHICS LAW
FROM: TOWN CLERK-QUEENSBURY
As you may be aware the Town Board of the Town of Queensbury
passed Local Law #1 of 1997 entitled A LOCAL LAW TO AMEND THE CODE
OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 14 THEREOF
ENTITLED ETHICS & DISCLOSURE, as part of this local law each
Officer and Employee of the Town shall be furnished a copy of said
Code of Ethics .
Enclosed please find a copy of said Code as is required by
Local Law #1 of 1997 .
Please sign and date below indicating that you have received
this Law.
SIGNATURE:
DATE:
"HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE"
SETTLED 1763
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(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.
UAW
Queensbury ,
XTo
Town
of ....................•..--....... ......................................................................................
YXUCMX
L
Local Law No. .................. 97
of the .year 19 ........
Wxo,gend � e ode f he Tgw gf gudeen l� r B Be. e�l'in�
A local law .....xis ing ap er 1�+ T�ereo n it e i s c osu e
........................................................................................:.......................
(Insert Title) ..............................................
Town Board
i Be t enacted by the ...........................
" ......................................................................................... ..of fire
(Name
of LeKiilative Body) "»""""""""'
of
Queensbury
Town ........................................ ........................................................................
.............as follows:
SECTION 1 . The Code of the Town of Queensbury is hereby amended
by repealing the existing Chapter 14 =thereof, entitled "Ethics and
Disclosure, " and replacing it with a new Chapter 14 entitled "Code
of Ethics, " to read as follows :
Title.
This Chapter shall be titled, "Code of Ethics . "
5.14-2 . Statutory Authority-
- The authority for this Chapter is §806 of the New York State
General Municipal Law.
§14-3 . Purpose.
Pursuant to the provisions of §806 of the General Municipal
Law, the Town Board of the Town of Queensbury recognizes that there
are rules of ethical conduct for public officers and employees
which must be observed if a high degree of moral conduct is to be
obtained and if public confidence is to be maintained in our unit
of local government. It is the purpose of this resolution to
promulgate these rules of ethical conduct for the officers and
employees of the Town of Queensbury. These rules shall serve as a
guide for official conduct of the officers and employees of the
Town of Queensbury. The rules of ethical conduct of the officers
and employees of the Town of Queensbury. The rules of ethical
conduct of this resolution as adopted, shall not conflict with, but
shall be in addition to any other general or special law relating
to ethical conduct and interest in contract of municipal officers
and employees .
§14 .4 Definitions .
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS•239 (Rev. 7/90)
A. "Municipal Officer or Employee" means an officer or
employee of the Town of Queensbury whether paid or
unpaid, including members of any administrative board,
commission, or other agency thereof. No person shall be
deemed to be a municipal officer or employee solely by
reason of being a volunteer fireman or emergency medical
services volunteer.
B. "Interest" means a pecuniary or material benefit accruing
to an officer or employee of the Town of Queensbury
including a pecuniary or material benefit accruing to the
officer' s or employee' s ( 1) spouse, minor children and
dependents; (2) a firm, partnership or association of
which such officer or employee is a member.
514 .5 . Standards of Conduct.
Every officer or employee of the Town of Queensbury shall be
subject to and abide by the following standards of conduct:
A. Gifts . He shall not, directly or indirectly, solicit any
gift or accept or receive any gift having a value of
twenty-five dollars or more, whether in the form of
money, services, loan, travel, entertainment,
hospitality, things or promises, or any other form, under
circumstances in which it could reasonably be inferred
that the gift was intended to influence him, or could
reasonably be expected to influence him in the
performance 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 interest.
C. Representation Before One 's Own Agency. 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 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 any member, officer or employee.
D. 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 dependent upon
achieving a certain result from that agency provided that
this paragraph shall not prohibit fees based upon the
reasonable value of services rendered.
(2)
E. Disclosure of Interest in Legislation. To the extent
that he knows thereof, a member of the Town Board and any
officer or employee of the Town of Queensbury, whether
paid or unpaid, who participates in the discussion or
gives official opinion to the Town Board on any
legislation before the Town Board shall publicly disclose
on the official record the nature and extent of any
direct or indirect financial or other private interest he
has in such legislation.
F. Disclosure of Interest in Certain Application. A member
of the Town Planning Board and any officer or employee of
the Town of Queensbury, whether paid or unpaid, who
participates in the discussion or gives official opinions
to the Planning Board on any application for review
before the Planning Board shall publicly disclose on the
official record the nature and extent of any direct or
indirect financial or other private interest he has in
such application.
G. Disclosure of Employment of Relatives . No person who is
related by blood or marriage to or resides in the home of
a public officer or department head of the Town of
Queensbury shall be employed by said public officer or
department head before publicly disclosing the name,
relationship and proposed employment to the Town Board
and upon consent of a majority of said Board at a duly
held meeting thereof .
H. Investments 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 .
I. 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 conflict with or impairs
the proper discharge of his official duties .
J. Future Employment. He shall not, after the termination
of service or employment with the Town of Queensbury
appear before any board or agency of the Town of
Queensbury in relation to any case, proceeding or
application in which he personally participated during
the period of his service or employment or which was
under his active consideration. In the case of a Town
Board member, no such member shall appear in relation to
any legislative action in which he participated for a
period of two (2) years after leaving office.
( 3)
§14-6 . Ethics Board.
A. Formation. A local Ethics Board, to be known as the Town
of Queensbury Ethics Board, is established pursuant to
Section 808 of the General Municipal Law.
B. Members . The Ethics Board shall consist of five (5)
members, each of whom shall be appointed by unanimous
vote of the Town Board. All members must reside in the
Town of Queensbury. One of the members of the Ethics
Board shall be an elected or appointed officer or
employee of the Town and the other four members shall be
persons other than officers or employees of the Town.
After written notice and opportunity to reply, any member
may be removed by unanimous vote of the Town Board for
substantial neglect of duty, gross misconduct in office,
inability to discharge the powers or duties of office or
violation of this local law.
A Chairperson of the Ethics Board shall be elected by the
majority vote of the members at the Board' s first meeting
and annually thereafter at a meeting to be held in
January. Three members shall constitute a quorum.
Members shall be appointed for a term of four (4 ) years;
provided, however, that two (2) of the original
appointees shall be appointed for an initial term of two
(2) years . Vacancies on the Board shall be filled by
appointment by unanimous vote of the Town Board for the
unexpired term of the former member. The members of the
Ethics Board will not be compensated but will be
reimbursed for reasonable expenses incurred in the
performance of their duties .
C. Review Procedures . The Ethics Board shall receive and
review written complaints of alleged unethical behavior
on the part of any Town officer or employee. Complaints
may be made by any individual and must be signed and
contain the name and address of the person making the
complaint. Within 30 days of receipt of a written
complaint, the Ethics Board shall notify the affected
person by certified mail of the alleged impropriety and
offer him/her the opportunity to appear before the Ethics
Board and/or submit a written response to the Board. In
addition, the affected person may request that the person
making the complaint be required to appear before the
Ethics Board at the same time as the affected person. If
the person making the complaint refuses or fails to
appear, the complaint may be dismissed. All proceedings
of the Ethics Board shall be closed to the public.
If, after its initial review of the complaint and the
response of the person affected, the Board finds that the
(4)
complaint appears to have some merit, it may require the
affected person to submit a Financial Disclosure
Statement in the form then approved by the Town Board.
Such Financial Disclosure Statement shall be reviewed
confidentially by the Ethics Board. Seven ( 7 ) years
after the Board has made its final determination
regarding the alleged impropriety, the financial
disclosure statement shall be returned to the affected
person if requested or otherwise shall be destroyed in a
manner that maintains its confidentiality.
If the Ethics Board determines that unethical behavior
has occurred, it may recommend to the affected person a
manner in which the impropriety may be rectified. An
affidavit by the official or employee detailing his/her
compliance with such recommendation may be sufficient to
enable the Ethics Board to forego any further measures .
If the Ethics Board determines that unethical behavior
has occurred and that the impropriety cannot be
rectified, or the official or employee fails to comply
with the Board' s recommendations for rectifying the
impropriety, the Board shall file with the Town Board a
summary of the complaint, the Board' s preliminary
determination, any responses received from the person
making the complaint and/or the affected Town official or
employee and the Board' s final recommendation. A copy of
this report shall also be mailed to the person making the
complaint and the affected Town official or employee. If
the Town Board agrees with the Ethics Board's
determination, the Town Board shall then determine what
penalty if any to be imposed.
If the Ethics Board or Town Board determines that no
ethical violation has occurred, then it shall so notify
the affected Town official or employee and the person
making the complaint and the proceeding shall be deemed
closed.
D. Applicability to Ethics Board. The Town Board shall
perform the functions of the Ethics Board described in
paragraph C above when any member of the Ethics Board is
the affected Town official or employee.
514-7 . Reservation of Right to Make Claim Against Town.
Nothing herein shall be deemed to bar or prevent the timely
filing by a present or former officer or employee of a claim,
account, demand or suit against the Town of Queensbury, 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.
(5)
§14-8 . Distribution of Code of Ethics .
The Supervisor of the Town of Queensbury shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Town of Queensbury within 30 days after the effective date
of this resolution. Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon the
duties of his office or employment.
§14-9 . Penalties .
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 Code may be fined, suspended or removed
from office or employment, as the case may be, in the manner
provided by law.
SECTION 2 . Effective Date.
This Local Law shall become effective immediately upon filing
as provided by the Municipal Home Rule Law of the State of New
York.
( 6)
-------- -- ---- r�•�b••-r•• LIZAt appues 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 nexed he eto d i ted as local law No. 1 of 19 97
{�ue�nsebU
of the ( (Town)( of was duly passed by the
Town Boar on March 17, 19 97, in accordance with the applicable provisions of law.
ame of sgislative o y
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disap prove d)(repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 19+
(Elective Chief ExecutiveOfficer*)
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. 01719
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
Elective Chief Executive Officer
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
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19� Such local law was subject to
(Elective Chief Executive officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19+,
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 chairman 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.
(7)
S. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of$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 general general election held on ............
............19.........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 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions S 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 of 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 certifica-
tion.)
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 therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph....L.......above.
Y`t
Cler o the County legislative body,City,Town or VillaoSlerk or
officer designated by local legislative body
Date: 3 -t 9
(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF..........Warren
................
1, the undersigned, hereby certify that the forP!&-ff
irrect text and that all
proper proceedings have been had or taken for the enacreto.
. .... ...................
signature
Mark Schachner
......Town................. ...........
Titk t�'otirisel'
66w
X
Date: March 19, 1997 W of Queensbury
Town ............................
yiew
(8)
TO: OFFICERS AND EMPLOYEES
OF THE TOWN OF QUEENSBURY
RE : ETHICS LAW
FROM: TOWN CLERK-QUEENSBURY
As you may be aware the Town Board of the Town of Queensbury
passed Local Law #1 of 1997 entitled A LOCAL LAW TO AMEND THE CODE
OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 14 THEREOF
ENTITLED ETHICS & DISCLOSURE, as part of this local law each
Officer and Employee of the Town shall be furnished a copy of said
Code of Ethics .
Enclosed please find a copy of said Code as is required by
Local Law #1 of 1997 .
Please sign and date below indicating that you have received
this Law.
SIGNATURE:
DATE:
LO cal Law Filing NEW TORK STATE DEPARTMENT Of STATE
162 WASHINGTON AVENUE, ALBANY, MT 12231
(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.
Queensbury
Townof .........................................................................................................................
YZKMKg
Local Lax- No. ]. 97
of the ,year 19 ........
To AAmmend TTh},e (;ode f he T u en z B gepe lin
A local law ... xil ing CHapfer 1�+ ThTereog�n?itged iI �I C�OsUe
..... ............................................
(Ins`ert Title) ,.................
Town Board
Be it enacted by the ...........................
(Name of-it Kiaistire Body) """' Of the
�T
Queensbury
..............................................................as follows:
Town of ........................................
SECTION 1 . The Code of the Town of Queensbury is hereby amended
by repealing the existing Chapter 14 =thereof, entitled "Ethics and
Disclosure, " and replacing it with a new Chapter 14 entitled "Code
of Ethics, " to read as follows:
§14-1 . Title.
This Chapter shall be titled, "Code of Ethics . "
5.14-2 . Statutory Authority.
The authority for this Chapter is §806 of the New York State
General Municipal Law.
§14-3 . Purpose. '
Pursuant to the provisions of §806 of the General Municipal
Law, the Town Board of the Town of Queensbury recognizes that there
are rules of ethical conduct for public officers and employees
which must be observed if a high degree of moral conduct is to be
obtained and if public confidence is to be maintained in our unit
of local government. It is the purpose of this resolution to
promulgate these rules of ethical conduct for the officers and
employees of the Town of Queensbury. These rules shall serve as a
guide for official conduct of the officers and employees of the -
Town of Queensbury. The rules of ethical conduct of the officers
and employees of the Town of Queensbury. The rules of ethical
conduct of this resolution as adopted, shall not conflict with, but
shall be in addition to any other general or special law relating
to ethical conduct and interest in contract of municipal officers
and employees .
514 .4 Definitions .
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev. 7/90)
A. "Municipal Officer or Employee" means an officer or
employee of the Town of Queensbury whether paid or
unpaid, including members of any administrative board,
commission, or other agency thereof. No person shall be
deemed to be a municipal officer or employee solely by
reason of being a volunteer fireman or emergency medical
services volunteer.
B. "Interest" means a pecuniary or material benefit accruing
to an officer or employee of the Town of Queensbury
including a pecuniary or material benefit accruing to the
officer' s or employee' s ( 1) spouse, minor children and
dependents; (2) a firm, partnership or association of
which such officer or employee is a member.
514 .5 . Standards of Conduct.
Every officer or employee of the Town of Queensbury shall be
subject to and abide by the following standards of conduct:
A. Gifts . He shall not, directly or indirectly, solicit any
gift or accept or receive any gift having a value of
twenty-five dollars or more, whether in the form of
money, services, loan, travel, entertainment,
hospitality, things or promises, or any other form, under
circumstances in which it could reasonably be inferred
that the gift was intended to influence him, or could
reasonably be expected to influence him in the
performance 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 interest.
C. Representation Before One's Own Agency. 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 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 any member, officer or employee.
D. 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 dependent upon
achieving a certain result from that agency provided that
this paragraph shall not prohibit fees based upon the
reasonable value of services rendered.
(2)
E. Disclosure of Interest in Legislation. To the extent
that he knows thereof, a member of the Town Board and any
officer or employee of the Town of Queensbury, whether
paid or unpaid, who participates in the discussion or
gives official opinion to the Town Board on any
legislation before the Town Board shall publicly disclose
on the official record the nature and extent of any
direct or indirect financial or other private interest he
has in such legislation.
F. Disclosure of Interest in Certain Application. A member
of the Town Planning Board and any officer or employee of
the Town of Queensbury, whether paid or unpaid, who
participates in the discussion or gives official opinions
to the Planning Board on any application for review
before the Planning Board shall publicly disclose on the
official record the nature and extent of any direct or
indirect financial or other private interest he has in
such application.
G. Disclosure of Employment of Relatives . No person who is
related by blood or marriage to or resides in the home of
a public officer or department head of the Town of
Queensbury shall be employed by said public officer or
department head before publicly disclosing the name,
relationship and proposed employment to the Town Board
and upon consent of a majority of said Board at a duly
held meeting thereof.
H. Investments 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 .
I . 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 conflict with or impairs
the proper discharge of his official duties .
J. Future Employment. He shall not, after the termination
of service or employment with the Town of Queensbury
appear before any board or agency of the Town of
Queensbury in relation to any case, proceeding or
application in which he personally participated during
the period of his service or employment or which was
under his active consideration. In the case of a Town
Board member, no such member shall appear in relation to
any legislative action in which he participated for a
period of two (2) years after leaving office.
( 3)
§14-6 . Ethics Board.
A. Formation. A local Ethics Board, to be known as the Town
of Queensbury Ethics Board, is established pursuant to
Section 808 of the General Municipal Law.
B. Members . The Ethics Board shall consist of five (5)
members, each of whom shall be appointed by unanimous
vote of the Town Board. All members must reside in the
Town of Queensbury. One of the members of the Ethics
Board shall be an elected or appointed officer or
employee of the Town and the other four members shall be
persons other than officers or employees of the Town.
After written notice and opportunity to reply, any member
may be removed by unanimous vote of the Town Board for
substantial neglect of duty, gross misconduct in office,
inability to discharge the powers or duties of office or
violation of this local law.
A Chairperson of the Ethics Board shall be elected by the
majority vote of the members at the Board' s first meeting
and annually thereafter at a meeting to be held in
January. Three members shall constitute a quorum.
Members shall be appointed for a term of four (4) years;
provided, however, that two (2) of the original
appointees shall be appointed for an initial term of two
(2) years . Vacancies on the Board shall be filled by
appointment by unanimous vote of the Town Board for the
unexpired term of the former member. The members of the
Ethics Board will not be compensated but will be
reimbursed for reasonable expenses incurred in the
performance of their duties .
C. Review Procedures . The Ethics Board shall receive and
review written complaints of alleged unethical behavior
on the part of any Town officer or employee. Complaints
may be made by any individual and must be signed and
contain the name and address of the person making the
complaint. Within 30 days of receipt of a written
complaint, the Ethics Board shall notify the affected
person by certified mail of the alleged impropriety and
offer him/her the opportunity to appear before the Ethics
Board and/or submit a written response to the Board. In
addition, the affected person may request that the person
making the complaint be required to appear before the
Ethics Board at the same time as the affected person. If
the person making the complaint refuses or fails to
appear, the complaint may be dismissed. All proceedings
of the Ethics Board shall be closed to the public.
If, after its initial review of the complaint and the
response of the person affected, the Board finds that the
(4)
complaint appears to have some merit, it may require the
affected person to submit a Financial Disclosure
Statement in the form then approved by the Town Board.
Such Financial Disclosure Statement shall be reviewed
confidentially by the Ethics Board. Seven ( 7) years
after the Board has made its final determination
regarding the alleged impropriety, the financial
disclosure statement shall be returned to the affected
person if requested or otherwise shall be destroyed in a
manner that maintains its confidentiality.
If the Ethics Board determines that unethical behavior
has occurred, it may recommend to the affected person a
manner in which the impropriety may be rectified. An
affidavit by the official or employee detailing his/her
compliance with such recommendation may be sufficient to
enable the Ethics Board to forego any further measures.
If the Ethics Board determines that unethical behavior
has occurred and that the impropriety cannot be
rectified, or the official or employee fails to comply
with the Board' s recommendations for rectifying the
impropriety, the Board shall file with the Town Board a
summary of the complaint, the Board' s preliminary
determination, any responses received from the person
making the complaint and/or the affected Town official or
employee and the Board's final recommendation. A copy of
this report shall also be mailed to the person making the
complaint and the affected Town official or employee. If
the Town Board agrees with the Ethics Board's
determination, the Town Board shall then determine what
penalty if any to be imposed.
If the Ethics Board or Town Board determines that no
ethical violation has occurred, then it shall so notify
the affected Town official or employee and the person
making the complaint and the proceeding shall be deemed
closed.
D. Applicability to Ethics Board. The Town Board shall
perform the functions of the Ethics Board described in
paragraph C above when any member of the Ethics Board is
the affected Town official or employee.
514-7 . Reservation of Right to Make Claim Against Town.
Nothing herein shall be deemed to bar or prevent the timely
filing by a present or former officer or employee of a claim,
account, demand or suit against the Town of Queensbury, 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.
(5)
514-8 . Distribution of Code of Ethics .
The Supervisor of the Town of Queensbury shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Town of Queensbury within 30 days after the effective date
of this resolution. Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon the
duties of his office or employment.
514-9 . Penalties .
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 Code may be fined, suspended or removed
from office or employment, as the case may be, in the manner
provided by law.
SECTION 2 . Effective Date.
This Local Law shall become effective immediately upon filing
as provided by the Municipal Home Rule Law of the State of New
York.
(6)
- -e -r•• ■pwles 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 I nexed he eto d i ted as local law No. 1 of 19 97
�ue�nseb��
of We ( (Town)( of was duly passed by the
Town Boar on March 17, 19 97, in accordance with the applicable provisions of law.
ame o Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 19_,
(Elective is xeeutive [Gear
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 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_. Such local law was
Elective Chief Executive Officer
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
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referadum.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
(Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19_,
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 chairman 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.
(7)
S. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the'local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of$36
37 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such cif voting thereon at the special election held on ............
1 Y q Y 8 general
............19.........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 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions S 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 of 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 certifica.
tion.)
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 therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph....L.......above.
Y'L
at: o the County legislative body,City,Town or Villa Jerk or
officer designated by local legislative body
Date:
(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF..........Warren.......................
1, the undersigned, hereby certify that the forego' I aw n ins the correct text and that all
proper proceedings have been had or taken for the enact oca a n xed hereto.
.• Siva... ......................
Mark Schachner
......
Town............7itk''C'ouris e I ...........'
Z.Wx
Date: March 19, 1997 g of Queensbury
To n ........ ........................
Xobw
(8)
Local Caw Filing NEV YORK STATE DEPARTMENT OF STAT
162 VASHIMGTON AVEMM, ALBANY AY 1223
• (Use this form to file a iocai law with the Secretary of State.)
Text of Iaw should be given as amended. Do not include matter being eliminated and do not
use italics-Or underlining to indicate new matter.
HEX
XMW Queensbury
Townof ................... _ ......._....
YXtKgOKX
Local Law No. L 97
.................................................... of the dear 19
To ,,00,,�� Th gg........ ,
A local law .. is�ing ..., oere1VToereoiwh2li eden ii sB I3i c�osuh
_.
(Insert Title) ..................................
Be it enacted by the ...........................
Town Board
.....................
(Name of Legislative Body) ....._.............................................._.............»------of the
Town of ...»................................Queensbury
X ......................................................................._..........its follows:
SECTION 1 . The Code of the Town of Queensbury is hereby amended
by repealing the existing Chapter 14 •thereof, entitled "Ethics and
Disclosure, " and replacing it with a new Chapter 14 entitled "Code
of Ethics, " to read as follows:
514-1. Title.
This Chapter shall be titled, "Code of Ethics. "
5.14-2 . Statutory Authority.
The authority for this Chapter is §806 of the New York State
General Municipal Law.
514-3 . Purpose.
Pursuant to the provisions of S806 of the General Municipal
Law, the Town Board of the Town of Queensbury recognizes that there
are rules of ethical conduct for public officers and employees
which must be observed if a high degree of moral conduct is to be
obtained and if public confidence is to be maintained in our unit
of local government. It is the purpose of this resolution 'to
promulgate these rules of ethical conduct for the officers and
employees of the Town of Queensbury. These rules shall serve as a
guide for official conduct of the officers and employees of the
Town of Queensbury. The rules of ethical conduct of the officers
and employees of the Town of Queensbury. The rules of ethical
conduct of this resolution as adopted, shall not conflict with, but
shall be in addition to any other general or special law relating
to ethical conduct and interest in contract of municipal officers
and employees .
514 .4 Definitions.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS•239 (Rev. 7/40) (l)
A. "Municipal Officer or Employee" means an officer or .
employee of the Town of Queensbury whether paid or
unpaid, including members of any administrative board,
commission, or other agency thereof . No person shall be
deemed to be a municipal officer or employee solely by
reason of being a volunteer fireman or emergency medical
services volunteer.
B. "Interest" means a pecuniary or material benefit accruing
to an officer or employee of the Town of Queensbury
including a pecuniary or material benefit accruing to the
officer' s or employee ' s ( 1) spouse, minor children and
dependents ; ( 2) a firm, partnership or association of
which such officer or employee is a member.
§14 .5 . Standards of Conduct.
Every officer or employee of the Town of Queensbury shall be
subject to and abide by the following standards of conduct:
A. Gifts . He shall not, directly or indirectly, solicit any
gift or accept or receive any gift having a value of
twenty-five dollars or more, whether in the form of
money, services, loan, travel, entertainment,
hospitality, things or promises, or any other form, under
circumstances in which it could reasonably be inferred
that the gift was intended to influence him, or could
reasonably be expected to influence him in the
performance 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 interest.
C. Representation Before One' s Own Agency. 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 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 any member, officer or employee.
D. 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 dependent upon
achieving a certain result from that agency provided that
this paragraph shall not prohibit fees based upon the
reasonable value of services rendered.
(2)
E. Disclosure of Interest in Legislation. To the extent
that he knows thereof, a member of the Town Board and any
officer or employee of the Town of Queensbury, whether
paid or unpaid, who participates in the discussion or
gives official opinion to the Town Board on any
legislation before the Town Board shall publicly disclose
on the official record the nature and extent of any
direct or indirect financial or other private interest he
has in such legislation.
F. Disclosure of Interest in Certain Application. A member
of the Town Planning Board and any officer or employee of
the Town of Queensbury, whether paid or unpaid, who
participates in the discussion or gives official opinions
to the Planning Board on any application for review
before the Planning Board shall publicly disclose on the
official record the nature and extent of any direct or
indirect financial or other private interest he has in
such application.
G. Disclosure of Employment of Relatives . No person who is
related by blood or marriage to or resides in the home of
a public officer or department head of the Town of
Queensbury shall be employed by said public officer or
department head before publicly disclosing the name,
relationship and proposed employment to the Town Board
and upon consent of a majority of said Board at a duly
held meeting thereof.
H. Investments 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 .
I. 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 conflict with or impairs
the proper discharge of his official duties .
J. Future Employment. He shall not, after the termination
of service or employment with the Town of Queensbury
appear before any board or agency of the Town of
Queensbury in relation to any case, proceeding or
application in which he personally participated during
the period of his service or employment or which was
under his active consideration. In the case of a Town
Board member, no such member shall appear in relation to
any legislative action in which he participated for a
period of two (2) years after leaving office.
(3)
§14-6 . Ethics Board.
A. Formation. A local Ethics Board, to be known as the Town
of Queensbury Ethics Board, is established pursuant to
Section 808 of the General Municipal Law.
B. Members . The Ethics Board shall consist of five ( 5)
members , each of whom shall be appointed by unanimous
vote of the Town Board. All members must reside in the
Town of Queensbury. One of the members of the Ethics
Board shall be an elected or appointed officer or
employee of the Town and the other four members shall be
persons other than officers or employees of the Town.
After written notice and opportunity to reply, any member
may be removed by unanimous vote of the Town Board for
substantial neglect of duty, gross misconduct in office,
inability to discharge the powers or duties of office or
violation of this local law.
A Chairperson of the Ethics Board shall be elected by the
majority vote of the members at the Board' s first meeting
and annually thereafter at a meeting to be held in
January. Three members shall constitute a quorum.
Members shall be appointed for a term of four ( 4) years;
provided, however, that two (2) of the original
appointees shall be appointed for an initial term of two
(2) years . Vacancies on the Board shall be filled by
appointment by unanimous vote of the Town Board for the
unexpired term of the former member. The members of the
Ethics Board will not be compensated but will be
reimbursed for reasonable expenses incurred in the
performance of their duties .
C. Review Procedures . The Ethics Board shall receive and
review written complaints of alleged unethical behavior
on the part of any Town officer or employee. Complaints
may be made by any individual and must be signed and
contain the name and address of the person making the
complaint. Within 30 days of receipt of a written
complaint, the Ethics Board shall notify the affected
person by certified mail of the alleged impropriety and
offer him/her the opportunity to appear before the Ethics
Board and/or submit a written response to the Board. In
addition, the affected person may request that the person
making the complaint be required to appear before the
Ethics Board at the same time as the affected person. If
the person making the complaint refuses or fails to
appear, the complaint may be dismissed. All proceedings
of the Ethics Board shall be closed to the public.
If, after its initial review of the complaint and the
response of the person affected, the Board finds that the
(4)
complaint appears to have some merit, it may require the
affected person to submit a Financial Disclosure
Statement in the form then approved by the Town Board.
Such Financial Disclosure Statement shall be reviewed
confidentially by the Ethics Board. Seven ( 7) years
after the Board has made its final determination
regarding the alleged impropriety, the financial
disclosure statement shall be returned to the affected
person if requested or otherwise shall be destroyed in a
manner that maintains its confidentiality.
If the Ethics Board determines that unethical behavior
has occurred, it may recommend to the affected person a
manner in which the impropriety may be rectified. An
affidavit by the official or employee detailing his/her
compliance with such recommendation may be sufficient to
enable the Ethics Board to forego any further measures.
If the Ethics Board determines that unethical behavior
has occurred and that the impropriety cannot be
rectified, or the official or employee fails to comply
with the Board' s recommendations for rectifying the
impropriety, the Board shall file with the Town Board a
summary of the complaint, the Board' s preliminary
determination, any responses received from the person
making the complaint and/or the affected Town official or
employee and the Board' s final recommendation. A copy of
this report shall also be mailed to the person making the
complaint and the affected Town official or employee. If
the Town Board agrees with the Ethics Board's
determination, the Town Board shall then determine what
penalty if any to be imposed.
If the Ethics Board or Town Board determines that no
ethical violation has occurred, then it shall so notify
the affected Town official or employee and the person
making the complaint and the proceeding shall be deemed
closed.
D. Applicability to Ethics Board. The Town Board shall
perform the functions of the Ethics Board described in
paragraph C above when any member of the Ethics Board is
the affected Town official or employee.
514-7 . Reservation of Right to Make Claim Against Town.
Nothing herein shall be deemed to bar or prevent- the timely
filing by a present or former officer or employee of a claim,
account, demand or suit against the Town of Queensbury, 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.
(5)
§14-8 . Distribution of Code of Ethics .
The Supervisor of the Town of Queensbury shall cause a copy of
this Code of Ethics to be distributed to every officer and employee
of the Town of Queensbury within 30 days after the effective date
of this resolution. Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon the
duties of his office or employment.
§14-9 . Penalties .
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 Code may be fined, suspended or removed
from office or employment, as the case may be, in the manner
provided by law.
SECTION 2 . Effective Date.
This Local Law shall become effective immediately upon filing
as provided by the Municipal Home Rule Law of the State of New
York.
(6)
-- -- — - ---s•—r•• •..o� applies to the tiling of inis local taw ana
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I herebycertif that the local law nexed hereto d t fed as local law No. 1 of 19 97
of the ( (Town)( of �lue&nsebt was duly
Town Boar y passed by the
on March 17, 19 97, in accordance with the applicable provisions of law.
(Name of eguiat,ve o y
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative body) on 19_, and was (approved)(not disapproved)(repassed after
disapproval) by the and was deemed duly adopted on 19 ,
(Elective ,• x•cut,ve officer'
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 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
(Name of Legislative Body
disapproval) by the on 19 Such local law was
(Elective Chief Executive Officer') --
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
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
JR—ems of Ligislativ�dy�-'-- on 19�, and was (approved)(not disapproved)(repassed after
� ---'
disapproval) by the on 19 Such local law was subject to
eetive Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19_,
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected oa a
county-wide basis or, if there be none, the chairman 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.
(7)
S. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 13�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 general election held on
general .•..........
............19.........became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto,designated as local taw No. ........ of 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November ............. 19.......pursuant to subdivisions 3 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 of 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 certifica-
tion.)
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 therefrom and of the whole of such original local law, and was
f i"ialiy adopted in the manlier indicated to pa.agraph....I.......a'iove.
Cler(c o the County Irpslative body,City.Torn or VtllagTSIerk or
of iccr desgnatea by local lestsiauve body
Date: 3 -� �'9-1
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF........Warren
................
1. the undersigned, hereby certify that the formt
the correct text and that all
proper proceedings have been had or taken for the enacxed hereto.
.........................
siquare
Mark Schachner
......Town................. ............
ru. Courisel
tx
Date: March 19, 1997 ad Queensbury
Town of ..................................
yubw
(8)