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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 U.S. Postal Service CERTIFIED MAILO RECEIPT C3 0Domestic Mail Only -0 For delivery information,visit our website at www.usps.com'. rLi 0 a— F I C I Al fa E = Certified Mail Fee C3 r-q 6ra Services&Fees(check box,add fee as appropriate) C3 ❑Return Receipt(hardcopy) $ C3 ❑Return Receipt(electronic) $ Postmark r3 ❑Certified Mail Restricted Delivery $ Here r3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ 1 1 Postage -0 $ Total P It a and Fees $ Ln s- To - 0, Street and pt. o or Ox M -Iva ----------C�,j ---- - ----- PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Postal CERTIFIED o RECEIPT C3 D. Only t�- li M 11- 1 For delivery information,visit our website at www.uslos.00MI. nlOFFICIAL U . . Certified Mail Fee 0 ra $ Extra Services&Fees(check box,add fee as appropriate) C ❑Return Receipt(hardcopy) $ C ❑Return Receipt(electronic) $ Postmark C3 ❑Certified Mail Restricted Delivery $ Here -r C3 [)Adult Signature Required $ Adult Signature Restricted Delivery$ MPostage .a $ r-q Total Postage and Fees ui $ i To r9 y het a{i pZ�N6,or Ab$off. ci"mate; %P+4�`. V�.. -k�( ----------------------------- r r r r r rrL.Iii.. PostalTI oRECEIT . m CERTIFIED.D Domestic Mail Only ru F- F7 I C I A S Certified Mail Fee d $ r-1 6,.Services&Fees(check box,add fee as appropriate) Q ❑Return Receipt(hardcapy) $ 0 ❑Return Receipt(electronic) $ Postmark 0 ❑Certified Mail Restricted Delivery $ Here C7 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ C3 Postage .0 $ Total Postage and Fees $Ln 1 -Ant To - t ;6a4 --------------------------------- C3 Sheet and 5 Apt. o $ox No. r State,ZlP+4a----- ---------- � i THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? OYes If YES,enter delivery address below: ❑No ""'—v`C.P. 3.Y I NZ�C1 Service Type ❑Priority Maii Express® 11 1 ❑Adult Signature 0 Registered Mai1TTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mall® Delivery 9590 9403 0692 5196 6350 83 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confinnatiorrn" mail ❑Signature Confirmation 7 015 1660 0000 1042 7 617 ail Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SA 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