§ 28-5. Conflicts of interest.  


Latest version.
  • A. 
    Code of Ethics for Town officers and employees.
    (1) 
    Equal treatment of public by Town officers and employees. Every Town officer and employee of the Town of Brookhaven shall treat each and every member of the public, whether a person, firm, corporation or other organization, with equal consideration and without special advantage. No Town officer or employee shall discriminate on the basis of race, color, creed/religion, national origin, age, disability, sex or sexual orientation.
    (2) 
    General prohibition. A Town officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in a personal benefit, financial or otherwise, for any of the following persons:
    (a) 
    The Town officer or employee;
    (b) 
    His or her outside employer or business;
    (c) 
    A member of his or her household;
    (d) 
    A customer or client (current or within the past five years); or
    (e) 
    A family member.
    (3) 
    Gifts. A Town officer or employee shall not solicit anything of value from any person who has received or sought a financial benefit from the Town, nor accept anything of value from any person the Town officer or employee knows or has reason to know is seeking or has received or sought a financial benefit from the Town within the previous 24 months.
    (4) 
    Recusal.
    (a) 
    A Town officer or employee shall promptly recuse himself or herself from acting on a matter before the Town when acting on the matter, or failing to act on the matter, may benefit any of the persons listed in Subsection A(2) of this section.
    (b) 
    Whenever a Town officer or employee is required to recuse himself or herself under this Code of Ethics, he or she:
    [1] 
    Shall promptly inform his or her superior, if any;
    [2] 
    Shall promptly file with the Town Clerk and Ethics Board a signed statement disclosing the nature and extent of the prohibited action or, if a member of a board, shall state that information upon the public record of the board; and
    [3] 
    Shall immediately refrain from participating further in the matter.
    (c) 
    Whenever a vote is required from which a Town officer or employee must recuse himself or herself, such recusal shall not be counted for the purpose of determining whether a majority or other ratio required by statute, local law, ordinance or resolution to pass a measure has been reached; provided, however, that no action may be taken by a body unless a majority of all of the members appointed or elected to such body, votes favorably. If a body is reduced below such majority by reason of a recusal required pursuant to this section, thereby causing an inability to act, the application shall be deemed denied.
    (5) 
    Representation. A Town officer or employee shall not represent any other person in any matter that person has before the Town nor represent any other person in any matter against the interests of the Town except in matters involving collective bargaining.
    (6) 
    Appearances. A Town officer or employee shall not appear before any agency of the Town, except on his or her own behalf or on behalf of his of her own constituents or on behalf of the Town.
    (7) 
    Avoidance of conflicts. Town officers and employees shall not knowingly acquire, solicit, negotiate for, or accept any interest, employment, or other thing of value which would put them in violation of this Code of Ethics.
    (8) 
    Inducement of others. A Town officer or employee shall not induce or aid another officer or employee of the Town to violate any of the provisions of this Code of Ethics.
    B. 
    Exclusions from the Code of Ethics. The provisions of § 28-5 of this chapter shall not prohibit, or require recusal as a result of:
    (1) 
    An action specifically authorized by statute, rule, or regulation of the State of New York or of the United States.
    (2) 
    A ministerial act.
    (3) 
    Gifts:
    (a) 
    Received by the Town officer or employee from his or her parent, spouse, child or sibling; or
    (b) 
    Accepted on behalf of the Town and transferred to the Town; or
    (c) 
    Refreshments and meals received at a widely attended gathering as defined by the rules and regulations of the Ethics Board; or
    (d) 
    Motivated by a pre-existing personal relationship, as defined by the rules and regulations of the Ethics Board.
    (4) 
    Gifts or benefits having a value of $100 or less that are received by a Town officer or employee listed in § 11 of the Domestic Relations Law for the solemnization of a marriage by that officer or employee at a place other than his or her normal place of business or at a time other than his or her normal hours of business.
    (5) 
    Non-monetary awards from charitable organizations.
    (6) 
    Receipt of Town services or benefits, or use of Town facilities that are generally available on the same terms and conditions to residents or a class of residents in the Town.
    (7) 
    Representation of constituents by elected officials without compensation in matters of public advocacy.