(a)

This section is adopted pursuant to section 23 of the Municipal Home Rule Law to supersede the Town Law in order that town elections may be held in the odd-numbered years on the Tuesday next succeeding the first Monday in November. Currently, town officers are elected in the even-numbered years. It is also the intent to have all other town elections, except special elections, held in odd-numbered years.

(b)

This subsection supersedes section 86 of the Town Law. Biennial town elections for the election of town officers and the consideration of such questions as may be proposed by the town board or the duly qualified electors, pursuant to the provisions of the Town Law, shall be held on the Tuesday next succeeding the first Monday in November of every odd-numbered year. All other town elections of the town are special elections. All elected town officers of the town in the office on November 9, 1987, shall continue in office for the terms for which elected until their successors have been elected and qualified. The town officers to be elected in any such election shall be only those elected town officers who were required to be elected as of August 12, 1987, and the terms of such officers shall be the term as provided in subsection (c).

(c)

This subsection supersedes section 24 of the Town Law with respect to the term of office. The term of office for town councilmen shall be four (4) years, two (2) of which shall be elected at each biennial election. The term of the offices of justice of the peace and elected receiver of taxes shall be four (4) years. The term of each elected officer shall begin on January 1 next succeeding the election at which he was elected. The town engineer and the town attorney shall hold their respective offices and all other town officers, whenever appointed, shall hold their respective offices and positions at the pleasure of the town board except as otherwise provided by law. The first election to be held pursuant to this subsection shall be in 1988 and shall be for those officers whose terms expire December 31, 1988. The justice of the peace and two (2) town councilmen elected at said election shall hold their office for a term of three (3) years, commencing January 1, 1989 and thereafter their term of office shall be for a term of four (4) years; the justice of the peace, receiver of taxes and town councilmen whose terms expire on December 31, 1990 shall be first elected in the election held in November of 1990 and their terms shall be for a period of three (3) years for their first term of office and thereafter for a term of four (4) years. All officers of the town having a two-year term which shall expire on December 31, 1988 shall be elected on the Tuesday next succeeding the first Monday in November of 1988 and the term of office shall be for a period of three (3) years for the first term and thereafter the term of office shall be for a term of four (4) years as provided by law, after the first three-year term and the terms of office for the town supervisor and the highway superintendent shall be for a term of two (2) years. The term of office of elective town clerk of the Town of Vestal shall be four (4) years. Such four-year term shall commence on the first day of January following the first biennial town election after the effective date of this local law. At the biennial town election next following the effective date of this local law, and every four (4) years thereafter, the town clerk shall be elected for a term of four (4) years.

(L.L. No. 10 of 1988, §§ 1—3; L.L. No. 7 of 1993, §§ 1, 2)

State Law reference— Authority to supersede portions of Town Law, Municipal Home Rule Law, § 10(1.(ii)d.(3)).

Editor's note— Local Law No. 13 of 2006, §§ 1, 2, adopted July 26, 2006, states the following: "The term of office of elective Supervisor of the Town of Vestal shall be four years. Such four year term shall commence on the first day of January following the first biennial town election after the effective date of this local law. At the biennial town election next following the effective date of this local law, and every four years thereafter, the Supervisor shall be elected for a term of four years."

(a)

The terms, words and phrases used in the section shall have the same meaning as such terms, words and phrases as defined in section 92 of the Public Officers Law. In addition, in this section:

(1)

Notice means, but is not limited to, written or oral information relating to the date, time and place where a meeting is to be held.

(2)

Public bodies of the town means the town board and boards created or authorized by legislative action of the town which are authorized to take official action which binds or obligates the town or its departments in any manner.

Cross reference— Definitions and rules of construction generally, § 1-2.

(b)

The purpose of this section is to set forth procedures to be followed for the giving of public notice of meetings to the public and news media in accordance with the provisions of the Open Meetings Law [Public Officers Law, § 100 et seq.].

(c)

The following location is hereby designated as a site where notice of meetings to be held shall be posted: Official signboard on the north side of the Town Hall, to the east of the entrance.

(d)

The town clerk shall be responsible for providing notice to the public and news media as provided in this section. The town clerk shall, upon request, whenever possible, provide notice to any person of the date, time and place of the meeting of a public body, whether the request for such information is made in person, in writing or by telephone; provided, however, that:

(1)

A written request requiring a written notice shall be accompanied by properly stamped self-addressed envelope.

(2)

A telephone request requiring the clerk to return a long distance call shall not be honored unless the requester accepts the charges for such a call.

(e)

All news media desiring to receive notice as set forth in subsection (f) shall file annually with the town clerk their names and mailing addresses for purposes of receiving such notice.

(f)

The schedule of all regularly scheduled meetings of public bodies of the town to be held during the calendar year shall be filed with the town clerk. A compilation of the list shall be distributed by regular or certified mail to all news media who have filed with the town clerk their names and addresses for purposes of receiving the list. The town clerk shall post said list in accordance with the provisions of subsection (c).

(g)

A public body of the town scheduling a meeting one (1) week before a meeting, other than those specified in subsection (f), shall notify the town clerk at least seventy-two (72) hours in advance of the meeting, and the clerk shall immediately post same in accordance with subsection (c).

(h)

A public body which has scheduled a meeting less than one (1) week from the date shall notify the town clerk by phone or in writing within the business day or as soon as practical the next business day of the scheduling of the meeting, and the town clerk shall cause same to be posted in accordance with subsection (c).

(Code 1966, §§ 25-1, 25-3—25-6)

(a)

General Municipal Law § 209-m authorizes the town supervisor whenever he deems that the public interest requires it, may request the chief executive officer of any other local government to detail, assign and make available for duty and use in the local government for which the request is made any part of the forces, equipment and supplied of the police department, police force or parkway police force of the local government of which the request is made. The chief executive officer of the local government of which the request is made is hereby authorized and empowered to grant the request so made.

(b)

Pursuant to General Municipal Law § 209-m, said local government may, by local law, delegate to the chief of police of its police department or police force the powers hereby granted to a chief executive officer to request and grant police assistance, it is deemed to be in the best interests of the town [to] offer such power to the town chief of police, and said power is authorized as provided under said statute.

(L.L. No. 7 of 2007, §§ 1, 2)

Editor's note— L.L. No. 7 of 2007, §§ 1, 2, adopted October 24, 2007, did not specify manner of inclusion; hence, inclusion as § 2-3 is at the discretion of the editor.

(a)

Adoption and purpose statement. A town employee wellness program is hereby authorized. The purpose of the employee wellness program is to develop, promote, and carry out those policies, programs, and activities that improve the health and well-being of town employees, contribute to a healthful town work environment, and provide town employees with information to help make informed lifestyle decisions.

(b)

Voluntary participation/compliance. Any participation in the program and activities of the town employee wellness program will be strictly on a voluntary basis.

All activities and programs sponsored through the wellness program and any rewards authorized by future action of the town board will be in compliance with all state and federal rules, regulations and law.

(c)

Health oversight committee. The health oversight committee consists of voluntary members of each of the town's collective bargaining units, a representative of non-union employees, the comptroller, and the director of human resources.

The health oversight committee will meet as needed.

The committee may plan programs and activities and perform evaluations of ongoing programs and activities. The committee may initiate programs and activities which are of no cost to the town. Any activity or program which requires the expenditure of funds requires a resolution of the town board.

(L.L. No. 7 of 2009, § 1)

Editor's note— L.L. No. 7 of 2009, § 1, adopted May 13, 2009, did not specify manner of inclusion; hence, inclusion as section 2-4 is at the discretion of the editor.

(a)

Purpose. This local law provides for the Vestal Town Board to exercise their local option from § 103, Subdivision 1 of the New York Municipal Law, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012. This amendment authorizes Towns to award purchase and service contracts subject to competitive bidding under General Municipal Law § 103 based on either lowest responsible bidder or "best value," as defined in § 163 of the New York State Finance Law. This "best value" option may be, but is not required to be, used to award an applicable purchase contract to optimize quality, cost, and efficiency among responsive and responsible offers instead of the lowest responsible bidder.

(b)

Basis for award. In accordance with § 103, Subdivision 1 of the New York General Municipal Law, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012, Town Boards may award contracts, including both purchase contracts and those contracts for service work, that have been procured pursuant to competitive bidding under General Municipal Law § 103 by either lowest responsible bidder or "best value".

Goods and services procured and awarded on the basis of best value are those that the town board determines will be of the highest quality while being the most cost efficient. The determination of quality and cost efficiency shall be based on objectively quantified and clearly described and documented criteria, which may include, but shall not be limited to, any or all of the following: cost of maintenance; proximity to the end user if distance or response time is a significant term; durability; availability of replacement parts or maintenance contractors; and longer product life; product performance criteria; and quality of craftsmanship.

(c)

Applicable contracts. These sections apply only to purchase contracts involving an expenditure of more than twenty thousand dollars ($20,000.00) including contracts for service work (i.e. building services under Article 9 of the Labor Law and utility services), but excluding any purchase contract necessary for the completion of a public works contract pursuant to Article 8 of the State Labor Law as well as excluding any other contracts in accordance with future state law. If the dollar thresholds of General Municipal Law § 103 are increased or decreased in the future by the state legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds.

(d)

Documentation. A quote or proposal received pursuant to standard bidding procedures, may be awarded on either a best value or lowest responsible bidder standard. All information gathered in the course of the bidding procedures of this section shall be filed with the documentation supporting the subsequent purchase or public works contract. When a contract is awarded on the basis of best value rather than a lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.

(e)

Procurement policy. Any inconsistent provision of the town's procurement policy, as adopted prior to the effective date of this chapter by resolution of the town board, or as amended thereafter, shall be deemed superseded by the provisions of this chapter.

(L.L. No. 6 of 2014)

There shall be hearing officer(s) appointed by the town board and compensated at a rate provided by the town board. The town board may establish more than one (1) hearing officer based upon its determination of the need. Subject to review and approval by the town attorney, the hearing officer shall adopt such rules and regulations as he or she deems necessary for the conduct of affairs.

Authority of the hearing officer. The hearing officer is authorized to hear and detennine the following matters:

(1)

Appeals.

a.

If on a public works contract the town engineer denied the final payment as set forth in the final payment invoice submitted by the contractor, the hearing officer may make such determination, as he or she deems necessary or proper, with or without conditions, and may sustain or reverse the decision of the engineer, in whole or in part, and authorize the final payment as set forth in the final payment invoice or such portion of the final payment invoice as the interests of justice may require.

b.

Appeals from a determination of the comptroller denying in whole or in part the final payment as set forth in the final payment invoice submitted by the contractor. The hearing officer may make such determination, as he or she deems necessary or proper, with or without conditions, and may sustain or reverse the decision of the comptroller, in whole or in part, and authorize the final payment as set forth in the final payment invoice or such portion of the final payment invoice as the interests of justice may require.

(2)

The hearing officer is authorized to hear and determine appeals of decisions to suspend, revoke or deny licenses or permits as provided in this Code.

(3)

The hearing officer is authorized to make recommendations and findings to the town board pursuant to the applicable provisions of this Code.

(4)

Such other matters as may be directed to the hearing officer by the town board or its designee, or as otherwise set forth in the Code of the Town of Vestal.

(L.L. No. 4 of 2023, § 1)

In those instances where the hearing officer is to determine the controversy or the appeal, the hearing officer shall schedule evidentiary hearings where minutes shall be taken and maintained as official records, together with such exhibits as are submitted to and accepted by the hearing officer. The hearing officer shall issue a written decision pursuant to the requirements of the relevant code provision and within the time set forth therein, or within twenty (20) days of the close of the hearing, whichever is less. Unless otherwise stated, the decision of the hearing officer shall be served upon the claimant or other person or entity seeking redress before the hearing officer by regular or certified mail return receipt requested, and filed in the office of the town clerk.

(1)

In those instances where the hearing officer acts in an advisory capacity to the town board, the hearing officer shall submit his/her written findings and recommendations to the town board pursuant to the requirements of the relevant code provisions and within the time set forth therein, or within twenty (20) days of the close of the hearing, whichever is less. Unless otherwise stated, a copy shall be served by regular or certified mail, return receipt requested, to the claimant or other subject of the hearing. The town board may adopt or dismiss, in whole or in part, with or without conditions, the recommendations of the hearing officer.

(L.L. No. 4 of 2023, § 1)

Any person or business entity that is aggrieved by the determination of the hearing officer or town board may appeal to a court pursuant to article 78 of the New York Civil Practice Law and Rules, or other applicable provision of law.

(L.L. No. 4 of 2023, § 1)

(a)

Required. No civil action shall be maintained against the town or the town superintendent of highways for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the town clerk or town superintendent of highways and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of, but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the town clerk or town superintendent of highways and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

(b)

Presentation of notices. The town superintendent of highways shall transmit in writing to the town clerk within five (5) days after the receipt thereof all written notices received by him pursuant to this section and subdivision 2 of section 65-a of the Town Law. The town clerk shall cause all written notices received by him pursuant to this section and subdivision 2 of section 65-a of the Town Law to be presented to the town board within five (5) days of the receipt thereof or at the next succeeding town board meeting, whichever shall be sooner.

(c)

Statutory provisions superseded. This section shall supersede subdivisions 1 and 3 of section 65-a of the Town Law.

(Code 1966, §§ 24-1—24-3)

(a)

The town may make advance cash payments to officers and employees of the town in anticipation of expenses to be incurred by such officers and employees while traveling to and from and attending conferences, conventions, seminars and meetings which have been authorized by the town board.

(b)

Any officer or employee of the town wishing to avail himself of the provisions of this section shall, upon receiving authorization of the town board to attend any conference, convention, seminar or meeting, notify his department head or the town comptroller, in writing, of his anticipated financial requirements for such attendance, stating the amount of anticipated expense for travel, lodging, meals and other appropriate miscellaneous expenses. Upon receipt of an application in proper form, the comptroller shall tender a cash advance to the applicant for the amount requested. In no event, however, shall any individual requesting a cash advance for anticipated expenses be authorized to receive an amount in excess of fifty dollars ($50.00) per diem, that being the highest amount that the comptroller may be permitted to advance.

(c)

Within five (5) days after the town officer or employee who has received an advance for anticipated expenses shall return to his regular duties, he shall submit, in proper form, to the comptroller an account in writing which shall summarize the expenditure of the sum advanced by the town, together with invoices and receipts showing the expenditure of such funds. Where the advance exceeds actual reimbursable expenses, the person who has received such advance shall return the excess to the comptroller of the town at the time the account is filed. Should the person to whom a cash advance has been made fail to return any sums due the town, pursuant to this section, at the time the account is rendered or, on approval of the town comptroller, within ten (10) days thereafter, then the comptroller of the town is authorized to withhold such sums from the salary of such person during the pay period next succeeding the date when the repayment was due.

(Code 1966, §§ 19-1—19-3)

Notwithstanding section 27 of the Town Law, the town attorney may enter into a written contract with the town or any districts or subdivisions thereof for providing additional services, but only on the following conditions:

(1)

The contract must be approved by the town board at a regularly scheduled meeting.

(2)

The charges shall not be considered compensation for purposes of the state retirement system.

(3)

Payments may be made only upon the submission of a voucher to the town.

(4)

The contract must be filed with the town clerk.

(Code 1966, § 19-15)

State Law reference— Authority to supercede portions of Town Law, Municipal Home Rule Law, § 10(1.(ii)d.(3)).

(a)

The town hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 105, Laws of 2010.

(b)

The commencement date of the retirement incentive program shall be September 1, 2010.

(c)

The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be ninety (90) days in length.

(d)

The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this section shall be paid as one lump sum, or in five (5) annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the town for each employee who receives the retirement benefits payable under this section.

(L.L. No. 6 of 1995, §§ 1—4; L.L. No. 11 of 1997, §§ 1—4; L.L. No. 5 of 1999, §§ 1—4; L.L. No. 5 of 2000, §§ 1—4; L.L. No. 4 of 2010, §§ 1—4)

Editor's note— L.L. 6 of 1995, adopted August 23, 1995, did not specifically amend this Code; hence, inclusion as § 2-23 was at the discretion of the editor.

Editor's note— Local Law No. 1 of 2023, § 1, adopted July 13, 2022, repealed §§ 2-24—2-27, which pertained to residency requirements for the comptroller, court clerk, and police chief and derived from Local Law No. 10 of 2004, § IV; Local Law No. 6 of 2005, § IV; Local Law No. 6 of 2009, § 2; Local Law No. 11 of 2009, §§ I, IV.

In this division, unless the context otherwise requires, "employee" means any commissioner, member of a public board of the town, director, officer, employee, volunteer expressly authorized to participate in an activity publicly sponsored by the town, including volunteer firemen and volunteer ambulance squad members, or any other person holding a position by election, appointment or employment in the service of the town, whether or not compensated. "Employee" includes a former employee, his estate or judicially appointed personal representative.

(Code 1966, § 19-6)

Cross reference— Definitions and rules of construction generally, § 1, 2.

The benefits of this division will inure only to employees and shall not enlarge or diminish the rights of any other party nor shall any provision of this division be construed to affect, alter or repeal any provisions of the Workers' Compensation Law.

(Code 1966, § 19-10)

The provisions of this division shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this division.

(Code 1966, § 19-14)

As otherwise specifically provided in this division, the provisions of this division shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to conferred upon any unit, entity, officer or employee of the town or any right to defense provided for any governmental officer or employee by, in accordance with, or by reason of, any other provision of state or federal statutory common law.

(Code 1966, § 19-13)

The benefits of this division shall be extended to an employee of a negotiating unit for which an agreement has been negotiated pursuant to article 14 [§ 200 et seq.] of the Civil Service Law only if such agreement expressly so provides.

(Code 1966, § 19-11)

The provisions of this division shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.

(Code 1966, § 19-12)

(a)

Upon compliance by the employee with the provisions of section 2-44, the town shall provide for defense and indemnification of the employee in any civil action or proceeding, including claims for violation of civil rights under section 1981 and section 1983 of the U.S. Civil Rights Act, in any state or federal court arising out of any alleged act or omission which occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the town.

(b)

Subject to the conditions set forth in this division, the employee shall be represented by the town attorney or an attorney employed or retained by the town for the defense of the employee. The town board shall employ or retain an attorney for the defense of the employee whenever:

(1)

The town board determines, based upon its investigation and review of the facts and circumstances of the case, that representation by the town attorney would be inappropriate; or

(2)

A court of competent jurisdiction determines that a conflict of interest exists and that the employee cannot be represented by the town attorney.

Reasonable attorney's fees and litigation expenses shall be paid by the town to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding subject to certification by the town supervisor that the employee is entitled to representation under the terms and conditions of this division. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the town. Any dispute with respect to representation or multiple employees by the town attorney or by an attorney employed or retained for such purposes with respect to the amounts of the fees or expenses shall be resolved by the court.

(c)

Where the employee delivers process and a request for a defense to the town attorney or the town supervisor as required by section 2-44, the town attorney or the supervisor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in subsection (b) of this section on behalf of the employee to avoid entry of a default judgement, pending resolution of any question relating to the obligation of the town to provide a defense.

(Code 1966, § 19-7)

(a)

The town shall indemnify and save harmless its employees in the amount of any judgement obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgement or claim arose occurred while the employee was acting within the scope of his public employment or duties; provided further that in the case of a settlement the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the town board.

(b)

Except as otherwise provided by law, the duty to indemnify and save harmless prescribed by this section shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.

(c)

Nothing in this section shall authorize the town to indemnify or save harmless an employee with respect to punitive or exemplary damages, fines or penalties, or money recovered from an employee pursuant to section 51 of the General Municipal Law.

(d)

Upon entry of a final judgement against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgement or settlement, personally or by certified or registered mail within thirty (30) days of the date of entry or settlement, upon the town clerk; and if not inconsistent with the provisions of this section, the amount of the judgment or settlement shall be paid by the public entity.

(Code 1966, § 19-8)

The duties to defend and hold harmless provided in this division shall be contingent upon:

(1)

Delivery of the town clerk, town attorney or town supervisor of the original or a copy of any summons, complaint, process, notice, demand or pleading within ten (10) days after he is served with such document, together with a written request to provide a defense and indemnify the employee. The requirement for a written request may be waived by the town board upon a finding that the town has not been prejudiced in any manner.

(2)

The full cooperation of the employee in the defense of the action or proceeding and defense of any action or proceeding against the town based upon the same act or omission, and in the prosecution of any appeal.

(Code 1966, § 19-9)

Officers and employees of the town hold their positions to serve and benefit the public, and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties. The town board recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct. This code of ethics establishes those standards.

(L.L. No. 6 of 2010, §§ I, II)

Board means the governing board of a municipality and any municipal administrative board (e.g. planning board, zoning board of appeals), commission, or other agency or body comprised of two (2) or more municipal officers or employees.

Code means this code of ethics.

Interest means a direct or indirect financial or material benefit, but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the municipality or an area of the municipality, or a lawful class of such residents or taxpayers. A municipal officer or employee is deemed to have an interest in any private organization when he or she, his or her spouse, or a member of his or her household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than five (5) percent of the organization's outstanding stock.

Municipality means the Town of Vestal. The word "municipal" refers to the municipality.

Municipal officer or employee means a paid or unpaid officer of the town, including, but not limited to, the members of any municipal board.

Relative means a spouse, parent, step-parent, sibling, step-sibling, sibling's spouse, child, step-child, uncle, aunt, nephew, niece, first cousin, or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse of the officer or employee.

(L.L. No. 6 of 2010, §§ I, II)

This code of ethics applies to the officers and employees of the town, and shall supersede any prior municipal code of ethics. The provisions of this code of ethics shall apply in addition to all applicable sate and local laws relating to conflicts of interest and ethics including, but not limited to article 18 of the General Municipal Law and all rules, regulations, policies and procedures of the town.

(L.L. No. 6 of 2010, §§ I, II)

No municipal officer or employee shall use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any private organization in which he or she is deemed to have an interest.

(L.L. No. 6 of 2010, §§ I, II)

(a)

Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a relative, or any private organization in which he or she is deemed to have an interest, the municipal officer or employee shall disclose in writing the nature of the interest.

(b)

The disclosure shall be made when the matter requiring disclosure first come before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier.

(c)

In the case of a person in an elective office, the disclosure shall be filed with the governing board of the municipality. In all other cases, the disclosure shall be filed with the person's supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person's position. In addition, in the case of a person serving on a municipal board, a copy of the disclosure shall be filed with the board. Any disclosure made to the board shall be made publicly at a meeting of the board and must be included in the minutes of the meeting.

(L.L. No. 6 of 2010, §§ I, II)

(a)

No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on himself or herself, a relative, or any private organization in which he or she is deemed to have an interest.

(b)

In the event that this section prohibits a municipal officer or employee from exercising or performing a power or duty:

(1)

If the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or

(2)

If the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function.

(3)

If the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty.

(L.L. No. 6 of 2010, §§ I, II)

(a)

This code's prohibition on use of a municipal position (section 2-59), disclosure requirements (section 2-60), and requirements relating to recusal and abstention (section 2-61), shall not apply with respect to the following matters:

(1)

Adoption of the municipality's annual budget;

(2)

Any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups:

a.

All municipal officers or employees;

b.

All residents or taxpayers of the municipality or an area of the municipality; or

c.

The general public; or

(3)

Any matter that does not require the exercise of discretion.

(b)

Recusal and abstention shall not be required with respect to any matter:

(1)

Which comes before a board when a majority of the board's total membership would otherwise be prohibited from acting by section 2-61 of this code;

(2)

Which comes before a municipal officer when the officer would be prohibited from acting by section 2-61 of this code and the matter cannot be lawfully delegated to another person.

(L.L. No. 6 of 2010, §§ I, II)

(a)

No municipal officer or employee may acquire the following investments:

(1)

Investments that can be reasonably expected to require more than sporadic recusal and abstention under section 2-61 of this code; or

(2)

Investments that would otherwise impair the person's independence of judgment in the exercise or performance of his or her official powers and duties.

(b)

This section does not prohibit a municipal officer or employee from acquiring any other investments or the following assets:

(1)

Real property located within the municipality and used as his or her personal residence;

(2)

Less than five (5) percent of the stock of a publicly traded corporation; or

(3)

Bonds or notes issued by the municipality and acquired more than one year after the date on which the bonds or notes were originally issued.

(L.L. No. 6 of 2010, §§ I, II)

No municipal officer or employee, during his or her tenure as a municipal officer or employee, may engage in any private employment, including the rendition of any business, commercial, professional or other types of services, when the employment:

(1)

Can be reasonably expected to require more than sporadic recusal and abstention pursuant to section 2-61 of this code;

(2)

Can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee;

(3)

Violates section 805-a(1)(c) or (d) of the General Municipal Law; or

(4)

Requires representation of a person or organization other then the municipality in connection with litigation, negotiations or any other matter to which the municipality is a party.

(L.L. No. 6 of 2010, §§ I, II)

(a)

No municipal officer or employee may ask for, pursue or accept a private post-government employment opportunity with any person or organization that has a matter requiring the exercise of discretion pending before the municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the thirty (30) days following final disposition of the matter.

(b)

No municipal officer or employee, for the two-year period after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any matter involving the exercise of discretion before the municipal office, board, department or comparable organizational unit for which her or she serves.

(c)

No municipal officer or employee, at any time after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee.

(L.L. No. 6 of 2010, §§ I, II)

This code shall not be construed as prohibiting a municipal officer or employee from:

(1)

Representing himself or herself, or his or her spouse or minor children before the municipality; or

(2)

Asserting a claim against the municipality on his or her own behalf, or on behalf of his or her spouse or minor children.

(L.L. No. 6 of 2010, §§ I, II)

(a)

Municipal resources shall be used for lawful municipal purposes. Municipal resources include, but are not limited to, municipal personnel, and the municipality's money, vehicles, equipment, materials, supplies or other property.

(b)

No municipal officer or employee may use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting:

(1)

Any use of municipal resources authorized by law or municipal policy;

(2)

The use of municipal resources for personal or private purposes when provided to a municipal officer or employee as part of his or her compensation; or

(3)

The occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters such as family care and changes in work schedule.

(c)

No municipal officer or employee shall cause the municipality to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel.

(L.L. No. 6 of 2010, §§ I, II)

(a)

No municipal officer or employee may have an interest in a contract that is prohibited by section 801 of the General Municipal Law.

(b)

Every municipal officer and employee shall disclose interests in contracts with the municipality at the time and in the manner required by section 803 of the General Municipal Law.

(L.L. No. 6 of 2010, §§ I, II)

Except as otherwise required by law:

(1)

No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the municipality or a municipal board.

(2)

No municipal officer or employee may supervise a relative in the performance of the relative's official powers or duties.

(L.L. No. 6 of 2010, §§ I, II)

(a)

No municipal officer or employee shall directly or indirectly to compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value.

(b)

No municipal officer or employee may act or decline to act in relation to appointing, hiring or promoting, discharging, disciplining, or in any manner changing the official rank, status or compensation of any municipal officer or employee, or an applicant for a position as a municipal officer or employee, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose.

(L.L. No. 6 of 2010, §§ I, II)

No municipal officer or employee who acquires confidential information in the course of exercising or performing his or her official powers or duties may disclose or use such information unless the disclosure or use is required by law or in the course of exercising or performing his or her official powers and duties.

(L.L. No. 6 of 2010, §§ I, II)

(a)

No municipal officer or employee shall solicit, accept or receive a gift in violation of section 805-a(1)(a) of the General Municipal Law as interpreted in this section.

(b)

No municipal officer or employee may directly or indirectly solicit any gift.

(c)

No municipal officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of seventy-five dollars ($75.00) or more when:

(1)

The gift reasonably appears to be intended to influence the officer of employee in the exercise or performance of his or her official powers or duties;

(2)

The gift could reasonably be expected to influence the officer or employee in the exercise or performance of his or her official powers or duties; or

(3)

The gift is intended as a reward for any official action on the part of the officer or employee.

(d)

For purposes of this section, a "gift" includes anything of value, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form. The value of a gift is the gift's fair market value, determined by the retail cost of the item or a comparable item. The fair market value of a ticket entitling the holder to food, refreshments, entertainment, or any other benefit is the face value of the ticket, or the actual cost to the donor, whichever is greater. Determination of whether multiple gifts from a single donor exceed seventy-five dollars ($75.00) must be made by adding together the value of all gifts received from the donor by an officer or employee during the 12-month period preceding the receipt of the most recent gift.

(e)

(1)

A gift to a municipal officer or employee is presumed to be intended to influence the exercise or performance of his or her official powers or duties when the gift is from a private person or organization that seeks municipal action involving the exercise of discretion by or with the participation of the officer or employee.

(2)

A gift to a municipal officer or employee is presumed to be intended as a reward for official action when the gift is from a private person or organization that has obtained municipal action involving the exercise of discretion by or with the participation of the officer or employee during the preceding twelve (12) months.

(f)

This section does not prohibit any other gift, including:

(1)

Gifts made to the municipality;

(2)

Gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship, rather than the recipient's status as a municipal officer or employee, is the primary motivating factor for the gift;

(3)

Gifts given on special occasions, such as marriage, illness, or retirement, which are modest, reasonable and customary;

(4)

Unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, note pads, and calendars;

(5)

Awards and plaques having a value of seventy-five dollars ($75.00) or less which are publicly presented in recognition of service as a municipal officer or employee, or other service to the community; or

(6)

Meals and refreshments provided when a municipal officer or employee is a speaker or participant at a job-related professional or educational conference or program and the meals and refreshments are made available to all participants.

(L.L. No. 6 of 2010, §§ I, II)

(a)

The town supervisor must promptly cause a copy of this code, and a copy of any amendment to this code, to be posted publicly and conspicuously in each building under the municipality's control. The code must be posted within ten (10) days following the date on which the code takes effect. An amendment to the code must be posted within ten (10) days following the date on which the amendment takes effect.

(b)

The town supervisor must promptly cause a copy of this code, including any amendments to the code, to be distributed to every person who is or becomes an officer and employee of the town.

(c)

Every municipal officer or employee who received a copy of this code or an amendment to the code must acknowledge such receipt in writing. Such acknowledgments must be filed with the town clerk who must maintain such acknowledgements as a public record.

(L.L. No. 6 of 2010, §§ I, II)

Any municipal officer or employee who violates this code may be censured, fined, suspended or removed from office or employment in the manner provided by law.

(L.L. No. 6 of 2010, §§ I, II)