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LL 01 Amend Chapter 14 Code of Ethics Loca] d Filing l6 tn NEW YORIC STATE DEPARTMENT OF STATE l w g 41 STATE STREET,ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Tent of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. I� 7c of--------------------------------------Queenahury--------------------------------- Town 07 litllli�g� Local Law No------------- ---------------------- of the year 20------ A local law---------------T.Q_-AKKUD--_ ------------------------- a19mrs" ' k ___- -------------------------------------------------------------«_--- ------------------------------------------------------------------------------------------------------- i Be Itenacted'b the __TOWN BOARD_* ___ of the y ---------------------- ---- ------------------------- -------------- X%tmy X of-------------------------------------QUEENSBURY--------------------------------- as follows: Town SECTION 1. Section 14-3 of the Queensbury Town Code is hereby amended to read as follows: §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, employees, and consultants 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. The proper operation of the Town government requires that its officers, employees, and consultants be independent, impartial, objective, unbiased and responsible to the people of the Town of Queensbury; that public office should not be used for personal gain; that public officers, employees, and consultants maintain the highest standards of integrity and discharge faithfully the duties of their office, regardless of personal considerations; and that the public have confidence in the officers . and employees thereof. It is the intent of this chapter to promulgate these rules of ethical conduct for the officers, employees, consultants of the Town of Queensbury. These rules shall serve as a guide for official conduct of the officers, employees, and consultants of the Town and, as adopted, shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS 2"(Rev.11N9) �1� SECTION 2. Section 14-4 of the Queensbury Town Code is hereby amended to read as follows: §14-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: COLLUSION - where a Town official or employee enters into a covert cooperative arrangement or strategy that allows one party to gain an unfair advantage over a third party, competitors, consumers or those with whom they are negotiating, which undermines the competitive quality or fairness of a proposal or bid process. CONSULTANT-- A person, paid or unpaid, providing advice to and at the request of a municipal board, committee, commission or other body, including persons licensed under Title VIII of the Education Law of the State of New York, providing to a municipal board, committee, commission or other body professional service as defined in §1501, Subdivision (c), of the Business Corporation Law of the State of New York. CONFLICT OF INTEREST -- A conflict of interest is a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for the Town, or when a public official's personal interests are contrary to his/her loyalty to public business. Town officials, employees, and consultants should avoid even the appearance of conflict. Town officials, employees, and consultants shall disclose any interest in or with any individual or entity providing services to or contracting with the Town. For example, a conflict of interest is (includes,but is not limited to): A. The use of the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. The term, "business with which he is associated" is defined as any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or has a financial interest. B. A state or condition of having a special interest in protecting or supporting something for the purpose of self interest, gain or benefit, often financially or politically. C. Serving a self interest or showing favor to one bidder or proposer over another in a manner that injures the fairness of a bid or proposal process. IMMEDIATE FAMILY-- A spouse, minor child or other dependent of a municipal officer or employee. (2) INTEREST -- Any claim, account or demand against or agreement with the Town, express or implied, and direct or indirect pecuniary or material benefit accruing to an officer or employee as a result of a business or a professional transaction with the Town or resulting from official Town acts. For the purpose of this Chapter, an officer or employee shall be deemed to have direct interest in the affairs of- A. His or her immediate family B. A business concern, partnership, trust or association of which such officer or employee and immediate family member are members, partners, owners, directors or employees. C. A corporation of which such officer or employee is an officer, director or employee. D. A corporation, any stock of which is owned or controlled, directly or indirectly, by such officer or employee or any corporation in which such officer or employee or immediate family member owns more than 5% of said stock. MUNICIPAL OFFICER OR EMPLOYEE -- Elected officials, public officers under the Public Officers Law, members of boards and commissions and department heads and their supervisory assistants of the Town of Queensbury 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. All persons employed by the Town of Queensbury not otherwise included within the definition of"officer, public officer and Town officer" set forth below OFFICER OR MEMBER IN A POLITICAL PARTY, CLUB OR ASSOCIATION, SOCIETY OR COMMITTEE-- The office of chairman, secretary, treasurer and such other officer or member as the rules of the particular body may provide. SECTION 3. Section 14-5 of the Queensbury Town Code is hereby amended to read as follows: §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. Public officers and employees are agents of the public purpose and hold office for the benefit of the public. Their conduct in both their official and private affairs should be above reproach. Every officer and employee of the Town of Queensbury shall be subject to and abide by the following standards of conduct: A. Gifts. No officer, employee, or consultant of the Town shall, directly or indirectly, solicit any gift or accept or retain any gift having a value of more than $25, whether in the form of money, services, loan, travel, entertainment, hospitality, things or promises, or any (3) other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her or could reasonably be expected to influence him or her in the performance of his or her official duties or could reasonably be expected to influence him in the performance of his or her official duties or was intended as a reward for any official action on his or her part. The recipient of any such gift or gratuity shall immediately return the same to the giver and shall notify the Town of Queensbury Board of Ethics, in writing, of the occurrence. This shall not apply to campaign contributions. B. Disclosure of Confidential information. No officer, employee or consultant of the Town should disclose confidential information acquired by him or her in the course of his or her official duties if such information will further his or her personal interests or the private interests of others. C. Representation before one's own agency. No officer, employee, or consultant shall 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 or she is an officer, member or employee, or of any municipal agency over which he or she has jurisdiction or to which he or she has the power to appoint any member, officer or employee. D. Representation before one's own agency for a contingent fee. No officer, employee, or consultant shall 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 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 or whereby his or her 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. E. Disclosure of interest. 1. If any Town officer, employee or consultant has a potential or actual conflict of interest in any matter in which he or she encounters in the performance of his or her official Town duties, he or she shall make known to all concerned parties the nature of such conflict and shall refrain from voting or otherwise acting in the matter so as to avoid an actual conflict. In all cases of potential or actual conflict, the Town Board shall be made aware of the situation by the person in conflict. This disclosure shall be made part of the official record and be on a form provided by the Town Clerk which shall disclose the nature of the conflict. A copy of this filed form shall be kept in a separate place by the Town Clerk for the public record. 2. All Town officers are required, within 30 days of taking office, or within 30 days of the effective date of this chapter, to file a disclosure statement on a form as provided by the Town of Queensbury pursuant to this section. In the event that a change occurs with respect to any information required on the aforesaid (4) disclosure statement, the party required to file such a statement shall file an amended statement reflecting any such change in circumstances within 60 days from the date thereof, unless requested by the Board of Ethics to do so sooner, in which case an amended statement shall be filed within 10 days of the request for the same. Failure to file the required disclosure statement or any amendment thereto in a timely fashion shall be deemed a violation of this chapter. 3. Elected Town Officials shall disclose campaign contributions of $100 or more from a person or entity who is specifically and significantly affected, positively or adversely, by an action of the Town Board. Such disclosure requirement applies to contributions made within the previous two years prior to the date of the relevant Town Board Resolution and shall be made through inclusion within the relevant Town Board Resolution. F. Investments in conflict with official duties. No officer, employee, or consultant shall invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction, which creates a conflict with his or her official duties. G. Private employment. No officer, employee, or consultant shall 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 or her official duties. H. Future employment. No officer, employee, or consultant shall, 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 years after leaving office. I. The Town Board wishes to create a work environment for its employees free of undue political influence. Opinions from employees of the Town should be offered freely and without fear, job security should not be guiding their opinion. As such, any employee who has been urged to, or commanded to, write letters of support, or vocalize in any format,by an entity(be it Town Supervisor, Councilman, or otherwise) which they feel is more representative of special interests, and not in accord with the public's interest, should report such to the Town Board. J. The Town Board wishes to address and identify inappropriate relationships and activities, such as collusion, particularly with entities that are doing businesses with the town. For example, the Town should prohibit doing businesses with entities that have political influence over the political careers of Town Officers or a political relationship that may have undue influence over a Town Board Member; a relationship which might hinder the spirit of fair, open and transparent competition. (5) K. Nepotism 1. Every public officer, and every municipal employee related closer in degree, by blood or by marriage, than first cousin to any persons seeking employment within any department, section or function of the Town shall disclose such relationship as provided for pursuant to the further provisions of this section. 2. Every member of any municipal board, agency, commission or other municipal body (exclusive of committees) related closer in degree, by blood or by marriage, than first cousin to any applicant for appointment to or to any person seeking employment by or on behalf of. 3. Such board, agency, commission or other municipal body (exclusive of committees) shall disclose such relationship as provided for pursuant to the further provisions of this section. 4. The disclosures required by this section shall be made in writing, directed to the Town Clerk, and shall be made at the earliest opportunity following the date upon which such public officer, municipal employee or member of any municipal body first learns or has knowledge of the making of such application by the person seeking such employment and/or appointment. L. Political activity. No municipal officer or employee shall use his or her official position to obtain, provide, furnish or supply any municipal resource (including but not limited to personnel services, equipment, supplies or facility) on behalf of any political party or candidate, political club or association or any political society or committee. This provision shall not be interpreted or construed as precluding any municipal officer or employee from being involved in the political affairs of the Town as a private citizen, nor shall it preclude any municipal officer or employee from soliciting and/or receiving campaign contributions in the course of a political campaign for public office conducted pursuant to the laws of the State of New York, nor shall it exempt any municipal officer or employee from any federal, state or local rules, regulations, codes of conduct or other restrictions imposed by law. A Use of public property. No officer or employee shall request or permit the use of Town- owned vehicles, equipment, material or property for personal convenience or profit except when such services are available to the public generally or are provided as municipal policy for the use of such officer or employee in the conduct of official business. 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, employee and consultant of the Town within 10 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be (6) furnished a copy before entering upon the duties of his/her office or employment. The Town Clerk shall obtain each officer's and each employee's and each consultant's signature acknowledging receipt of this code. Failure to distribute any such copy or failure of any officer, employee or consultant to receive such copy shall have no effect on the duty of compliance with such code nor the enforcement of the provisions thereof. SECTION 4. Section 14-6(B) of the Queensbury Town Code is hereby amended to read as follows: B. Members. (1) The Ethics Board shall consist of five members, each of whom shall be appointed upon a unanimous vote of all voting members of the Town Board, but there must be at least four affirmative votes. All members must reside in the Town of Queensbury. 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 chapter. (2) 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 years; provided, however, that two of the original appointees shall be appointed for an initial term of two 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. (3) Criteria for Ethics Board members. To assure an impartial and dispassionate membership: No member of the Ethics Board shall: • Have any direct or substantial financial interest in any work or business or official action by the Town. • Has, in the past two years, been a candidate for public office in a Town of Queensbury election. • Currently hold office in any political party committee. • Have an immediate family relationship with a Town employee. The Town Board seeks a diverse group of Ethics Board candidates who: • Combine a broad spectrum of background, experience and expertise to be able to fairly assess the multitude and variety of ethics issues typically brought before them. (7) • Have the ability and willingness to recognize and disregard politically motivated petitions, as opposed to genuine ethical concerns, and render objective and independent decisions. • Are without potential conflicts and where officials who seek advice about their own conduct can readily turn to the Board knowing that in doing so they are not revealing confidences to partisan opponents. SECTION 5. SEVERABILITY. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 6. REPEALER. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local law are hereby repealed. SECTION 7. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. fig) (Complete the certification in the paragraph that applies to the tiling of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. ---------- _-_'--------------------- of 200-Y of the( ilgi ( itj►XTown){ $4e)of---------------aUFFU,-. .fife------------------------------ was duly passed by the ----------Town--Sc>ard------------------ on--Ma v--7, ., 2001,in accordance with the applicable provisions of law. (Name of 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 20------ ofthe(CountyXCity)(Town)(Village)of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on------------------ 20 - - ,and was(approvedXnot approvedXrepassed after (Name o/Legislative Body) disapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=--------- 20----, (Ek—Chief F---Off—*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ------------------------------------of 20------ ofthe(CountyXCity)(Town)(Village)of------------------------- -------------------------------------- was duly passed by the --------------------------------------------------- on------------------ 20----,and was(approved)(not approvedXrepassed after (Name of Legislative Body) disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Ekcdve Chief Ruvudve Officer-) 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(generalXspecialXannual).election held on------------------ 24--- ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting. referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ ofthe(CountyXCity)(Town)(Vllage)of------------------------- -------------------------------------- was duly passed by the --------------------------------------------------- on------------------ 20----,and was(approved)(not approved)(repassed after (Name ofLegbWve Body) disapproval)by the--------------------------------------------------6on------------------ 20--- . Such local law was subject to (Ekcdve Chief Eseagive Ofjca-) permissive referendum and no valid petition requesting such"referendum-was filed as of------------------ 24--- ,in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �9) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. ----- ------ of 20------ of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions.of section(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on-------------------20---, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No.-----------------------_---------- of 20----- of the County of---------------------------------------------------- State of New York,having been submitted to the electors at the General Election of November---------------------- 20----,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law,and was finally ted in the manner in- dicated in paragraph-------1---,above. �.i f Clak of the Coma regislattve body,City,Tows or VMage or ofoa designated by local loOd Live body (Seal) Date: (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK ODUN7Y OF I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. 44oatore J. K NOORIfSY Town Counsel rick f of Queensbury C Town May 0 , 2007 (10) Page 1 of 1 Darleen Dougher From: Darleen Dougher Sent: Tuesday, June 05, 2007 9:00 AM To: 'jmn@fmbf-law.com' Subject: Ethics law Ethics Local law Under Section 14.5 E. 1. Can you make up a form for that disclosure 2. Under this section what is this referring to, what are they disclosing and is it the same form used under#1 3. Does this paragraph also need a form? Dan asked me to contact you on this, please let me know... 6/5/2007 STATE OF NEW YORK _ DEPARTMENT OF STATE 41 STATE STREET ALBANY; NY 12231-0001 ELIOT SPITZER May 23 2007 LORRAINE A.CORTtS-VAZQUEZ SECRETARY OF STATE GOVERNOR Darleen M Dougher Town Clerk Town Office Bldg 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law No. 1, 2007, filed on May 16, 2007 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us/corp/misc.htm1. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US E-MAIL:INF0@D0S.STATE.NY.US RESOLUTION ENACTING LOCAL LAW NO.: 1 OF 2007 TO AMEND CHAPTER 14 "CODE OF ETHICS" RESOLUTION NO. 206,2007 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 1 of 2007 to amend Queensbury Town Code Chapter 14 entitled "Code of Ethics," to revise several provisions of the current Code of Ethics, and WHEREAS, this legislation is authorized in accordance with New York State General Municipal Law§806, and WHEREAS, the Town Board duly held a public hearing on Monday, May 7`h, 2007 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of 2007 to amend Queensbury Town Code Chapter 14 entitled "Code of Ethics," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 7`h day of May,2007,by the following vote: AYES: Mr. Boor,Mr. Sanford,Mr. Strough,Mr. Brewer,Mr. Stec NOES: None ABSENT: None CERTIFIED MAILT. RECEIPT ru m (Domestic Mail Only; M m ,n rag; I r Postage $ ru * r O Certified Fee O Postmark Q Return Receipt Fee Here (Endorsement Required) O Restricted Delivery fee Q' (Endorsement Required) m M Total Postage&Fees $ ►I To ------------------- y mat street,Apt.No,; or PO Box N... { City, to,ZIP+41M PS Form d :.r June 2002 1►7 tCOMPLETE THIS SECTIONON DELIVERY ,,omplete items 1,2,and 3.Also complete A.,Signature .L b Z item 4 if Restricted Delivery is desired. X �t ❑Agent ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Lit 6icAc ,,A 1 �4 Yl+� �-'° 1^°°�� 3. Service Type 'V Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number f r= i ► ; ; ( 9 D 0002 9053 3329 (rtansfer from service fabdo 1111!1111111 1. t i i, PS Form 3811,February 2004 Domestic Return Receipt 109—" ueneral Code Publishers 72 Hinchey Road s.. Rochester,NY 14624 Phone:800/836-8834 Fax:585/328-8189 Email:sales@generalcode.com 05/17/2007 A236164 Ms. Darleen M. Dougher: The following material has been received and will be processed for inclusion in your Code as supplemental pages(where applicable): Local Law No. 1-2007. Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 .j. I1jtf111f1t I11l It It 11111111111111111LIM 111i1t