LL 08 Amending Queensbury Town Code Sec. 14-5 to Eliminate Req. for Town Officer to submit Disclosure Statement Upon Appt 11
RESOLUTION ADOPTING LOCAL LAW NO. 89 OF 2015
AMENDING QUEENSBURY TOWN CODE §14-5
TO ELIMINATE REQUIREMENT FOR TOWN OFFICER TO SUBMIT
DISCLOSURE STATEMENT UPON APPOINTMENT
RESOLUTION NO.436,2015
INTRODUCED BY: Mr.Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, New York State General Municipal Law §806 requires the governing body
of each Town to adopt a code of ethics that sets forth for the guidance of its officers and
employees standards of conduct reasonably expected of them, and
WHEREAS, General Municipal Law §812 sets forth the requirements by which elected
officials and certain officers and employees of local Municipalities are required to submit
financial disclosure statements, and
WHEREAS, General Municipal Law §812 provides an exception for Towns with a
population less than 50,000 from the requirement to submit disclosure statements, and
WHEREAS, the current disclosure requirements necessitate all Town officers and
employees to file a disclosure statement upon taking office and upon every change in
circumstance, and
WHEREAS, absent a complaint of alleged unethical behavior the requirement to file a
disclosure statement by all Town officers is onerous and unnecessarily invades the privacy of
Town employees, and
WHEREAS, the requirement to file a disclosure statement is not required by law and
constrains Town personnel efficiency by mandating the preparation of superfluous forms, and
WHEREAS, the Queensbury Town Board now wishes to amend the Code of Ethics to
eliminate the unneeded filing of disclosure forms, and
WHEREAS, the Town Board duly held a Public Hearing on the proposed Local Law on
i
Monday, December 21", 2015 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 8, of 2015,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the
Local Law with the New York 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 by the Secretary of State.
Duly adopted this 21 st day of December 2015,by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES Mr. VanNess
ABSENT: None
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
` v One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany,NY 12231-0001
www.dos.state.ny.us/corps
(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.
❑County []City ElTown ❑Village
(Select one.)
of Queensbury
Local Law No. g of the year 2015
A local law Amending Queensbury Town Code Section 1 4-5 To
(InEliminateSed Reiquirement For Town Officer To Submit Disclosure
Statement Upon Appointinen
Be it enacted by the (Name of L ative Bod Town Board of the
egisly)
❑County ❑City gTown ❑Village
(Select one.)
of ueensbur as follows:
SECTION 1. PURPOSE. To encourage the Town officers, employees, and consultants
to be independent, impartial, objective, unbiased and reslnonsible to the people of the Town of
Queensbury, the Town has adopted a Code of Ethics pursuant to the provisions of Article 18 of
the General Municipal Law. The Code serves the purposes of ensuring a high degree of moral
conduct is obtained in order for public confidence to be maintained without compromising the
expeditious operation of the Town or the private and personal matters of its officer and
employees. Therefore, in.furtherance of efficiency and confidentiality, the removal of a Town
officer's requirement to file a disclosure statement is warranted.
SECTION 2. AMENDMENT. Section 14-5(E) of the Queensbury Town Code is
hereby amended to read as follows:
(1) If any Town officer, employee or consultant has a potential or actual conflict
of interest in any matter 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
(if additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-02394--1 (Rev.06112)
( 1 ) Page 2 of 4
♦I
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) 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.
3. SEVERABILTY. The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof.
4. 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.
5. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office
of the New York State Secretary of State.
(2)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.) 8, 15
I rfereby certify-that the-local law annexed hereto, designated as local law No. of 20 of
the(06 }WMVy)(Town)(.VR ) of Queensbury was duly passed by the
Town Board on 12/21 / 20 1 5 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
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 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, in accordance w ith 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 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer
*)Such local law was 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
20 , 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 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , 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.
DOS-0239-f-I (Rev.06/12) (3) Page 3 of 4
6. (City local law concerning Charter revision proposed by petition.)
j,,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 cities 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 o ce and that the same is a
correct transcript therefrom and of the whole of such original local law pd was finally ad to in the manner indicated in
paragraph . above.
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by local I gislative body
(Seal) Date:
DOS-0239-f-1 (Rev.06112) Page 4 of 4
(4)
ca TOWN OF QUEENSBURY
"Home of Natural Beauty...A Good Place to Live" Settled 1763
December 23`d, 2015
New York Department of State
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231-001
Enclosed please find a copies for your filing of Local Law No, 6,2015 Amending
Queensbury Town Code Section 14-5 To Eliminate Requirement for Town Officer to
Submit Disclosure Statement Upon Appointment and Local Law 7,2015 Approving
Application of Queensbury Partners, LLC,For Fowler Square Planned Unit Development
and Amending the Town of Queensbury Zoning Law and Official Zoning Map that was
adopted at a Regular Town Board Meeting on December 21St,2015.
If you have any questions please feel free to contact our office.
Respectfully,
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
Enc.
cc:General Code Publishers
742 Bay Road ♦ Queensbury, NY 12804 ♦ Phone: 518-761-8201 ♦ www.queensbury.net
TOWN OF Q UEENSB URY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
December 30,2015
General Code Publishers Corp.
781 Elmgrove Road
Rochester,NY 14624-2991
To Whom It May Concern:
Enclosed please find Local Law 8, 2015 Amending Queensbury Town Code
Section 14-5 to Eliminate Requirement for Town Officer to Submit Disclosure Statement
Upon Appointment and Local Law 9,2015 Approving Application of Queensbury
Partners,LLC Fowler Square PUD and Amending the Town of Queensbury Zoning Law
and Official Zoning Map that was adopted at a Regular Town Board Meeting on
December 21 st, 2015.
Please note that these Local Laws were previously sent to you as Local Laws 6, and 7, of
2015,which are the wrong numbers so please disregard them and replace them with the
ones enclosed.
If you have any questions please feel free to contact our office.
Respectfully,
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
Enc.
"HOME OF NATURAL BEAUTY...A GOOD PLACE TO LIVE"
SETTLED 1763
STATE OF NEW YORK
DEPARTMENT OF STATE ANDREWM. CUOMO
ONE COMMERCE PLAZA GOVERNOR
99 WASHINGTON AVENUE CESAR A. PERALES
ALBANY,NY 12231-0001 SECRETARY OF STATE
WVMN.DOS.NY.GOV
Ow n
December 30, 2015 ( �U
Town of Queensbury
742 Bay Road
Queensbury NY 12804
RE: Town of Queensbury, Local Law #6. 2015, filed on 12/29/15
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 out website, www.dos.state.ny.us.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
t
NEWYORK Department
STATE OF
OPPORTUNITY. of State
T11
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GENFIRAL-f*N--C,9V:STj':-P,
781 Elrng�rove Road}
Codification division s a
p: 1-855-GEN-CODE fax:1-585-328-8189
email:ersupp@generalcode.com
12/31/2015 # 1 74
Ms. Caroline H. Barber:
The following material has been received and will be processed for inclusion
in your Code as supplemental pages (where applicable):
---------------
LL No [6-7]-2015 � [ cG�„S
2S 4--9 J. L,,� -tv
Town of Queensbury
742 Bay Road