§ 28-2. Definitions.

When used in this chapter and unless the context otherwise requires, the words used herein shall have the same meanings or definitions as those in Article 18, § 800 et seq., and any amendments thereto, of the General Municipal Law which are incorporated by reference herein:

AGENCY

Any office, body, board, advisory board, authority, commission, council, department, district, division, bureau or committee of the Town, and any comparable entity funded or created by or for the Town for the purpose of conducting or financing an improvement(s) or service(s) for the promotion of the health, welfare, safety or convenience of the residents of the Town or for the benefit of real property in the Town, but shall not include any fire district or library district.

APPEAR, APPEARANCE, or APPEAR BEFORE

A representational communication by whatever form, whether personally or through another person or another entity, with any agency of the Town relating to a business dealing.

BUSINESS DEALING

Having or providing any contract or service or work application with the Town, and means buying, selling, renting, acquiring from or dispensing to the Town any good, service or property and is applicable to petitioning for, requesting, or obtaining any approval, grant, license, loan, permit, franchise or the like from the Town.

CANDIDATE

Any person seeking, or taking affirmative acts in furtherance of obtaining, a nomination, designation, or election to a public or party office, in the Town of Brookhaven, excluding the party position of committeeperson.

DISCRETIONARY ACT

Any action involving the exercise of judgment or discretion by an official or employee, either acting as an individual or as a member of a board or agency, or as an advisor to any board or agency, and includes, but is not limited to, negotiations, approval, advice, recommendation, authorization or audit.

DUTIES

Includes those functions performed in the service of the Town, as distinguished hereinbelow:

A. 

ADVISORY DUTIES

Includes those functions performed by any volunteer public official as defined hereunder, involving the mere gathering, analysis, dissemination or retrieval of general information for the purpose of rendering advice to the Town Board or the various Town departments, agencies, boards, committees, councils, special districts, improvement districts and all other facets of the Town government and its subdivisions, in regard to their volunteer public service.

B. 

DISCRETIONARY DUTIES (also referred to as discretionary authority)

Includes those functions performed by any Town official involving greater than the mere dissemination or retrieval of general information; or those functions imposed by law, job description or general practice that involve decision-making, policy-making or the rendering of a judgment.

C. 

OFFICIAL DUTIES

Includes all functions regarding the reasonably expected responsibilities, charges, obligations, trusts and liabilities of any and all elected officials, officers, employees, public officials and/or public servants of the Town and its various departments, agencies, boards, committees, councils, special districts, improvement districts and all other facets of the Town Government and its subdivisions, in regard to their public service.

ENGAGE

Includes any recognized dictionary definition thereof and/or of the following words: participate, enter into, join, take part in, arrange, bargain and/or deal.

FAMILY MEMBER

Any family relative, including a spouse, former spouse, child, stepchild, brother, sister, parent or dependent of an officer or employee.

FINANCIAL INTEREST

An interest that exceeds 1/10 of 1% of the outstanding securities of a business concern; or if the interest is in an unincorporated business concern, exceeds 1% of the worth of such concern; or is a monetary interest in a corporation, person or firm which exceeds 5% of net worth of the officer or the employee and his or her family members; or is the interest of a partner in any partnership; or is the interest of a stockholder in a professional corporation. In computing percentages herein, both the legal and the beneficial interest shall be aggregated.

LOBBYING; LOBBYING ACTIVITIES; PAID LOBBYIST

Any person paid to influence the passage or defeat of any legislation by the Town or the approval or disapproval of any legislation by the Town; the adoption or rejection by the Town of Brookhaven, its agencies, boards, departments, offices or commissions of any rule or regulation having the force and effect of law; or the outcome of any ratemaking proceeding by a Town agency or the outcome of any land application before a Town agency.

MINISTERIAL ACT

An action performed in a prescribed manner, whether by statute or by standard accepted and known practice, where there is no exercise of judgment or discretion.

OFFICIAL or EMPLOYEE

Any officer or employee of the Town, paid or unpaid, elected or appointed, on suspension, on leave for any reasons, including but not limited to workers' compensation, disability, maternity or family medical, but does not include any judge, prosecutor or employee of the unified court system, nor volunteer fire fighters, civil defense volunteers or unpaid persons performing charitable work.

OUTSIDE EMPLOYER OR BUSINESS

A. 

Any activity, other than employment with the Town, for which the officer or employee receives compensation for services rendered or goods sold or produced.

B. 

Any entity, except the Town, of which the officer or employee is a member, officer or employee.

C. 

Any entity in which the officer or employee has an ownership interest.

POLITICAL ACTIVITIES

Any activities related to partisan politics, including recruiting, solicitation for fundraising, invoking political reprisals, and any action that uses political influence to affect the duties and responsibilities of any officer or employee of the Town.

TOWN

The Town of Brookhaven.

TOWN OFFICIAL

Includes all of the following categories of individuals, as distinguished hereinbelow:

A. 

ELECTED OFFICIAL

Includes all persons elected by the electors of the Town of Brookhaven pursuant to the laws of the State of New York.

B. 

EMPLOYEE and/or PUBLIC SERVANT

Includes all persons whose salary is paid in whole or in part by the Town of Brookhaven, its various departments, agencies, boards, committees, councils, special districts, improvement districts and all other facets of the Town government and its subdivisions, whether pursuant to civil service regulations, contractual employment agreements or any other arrangements.

Amended 1-25-2018 by L.L. No. 1-2018, effective 2-6-2018