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TOWN OF HEMPSTEAD
LOCAL LAW NO. OF 2018

A LOCAL LAW AMENDING CHAPTER 38 OF THE


TOWN CODE ENTITLED “ETHICAL STANDARDS”

BE IT ENACTED by the Town Board of the Town of Hempstead, as follows:

Section 1. Legislative Intent.

In order to foster greater confidence in government, the Town Board has recommended several
changes to the Code of Ethics. These changes are designed to further strengthen the ethical
standards that govern the actions of Town elected officials, employees, and others acting on
behalf of or in the name of the Town.

The Town of Hempstead had previously adopted, by resolution, a Code of Ethics which mirrored
New York State General Municipal Law. As the state law was amended, the Town approved
amendments to the resolution. A Code of Ethics adopted by Town Board resolution in 1974
appears in a handbook distributed to Town employees. A later version, adopted by the Town
Board in 1990, appears on the Town’s home page under a tab entitled Code of Ethics. In late
2017, the Town adopted Chapter 38 of the Town Code entitled “Ethical Standards”.

Moreover, in the interest of establishing a clear and unified Code of Ethics for the Town of
Hempstead, all ethical standards and requirements shall be compiled into one location, that being
known as Chapter 38 – Code of Ethics.

Section 2.

Chapter 38 of the Town Code is hereby repealed and replaced as follows:

Chapter 38
Code of Ethics

Article I. General Provisions

§ 38-1 Legislative intent.

The Town of Hempstead is the most populated township in New York State, with a 2016
estimated population of 768,708 (U.S. Census Bureau, 2012-2016 American Community Survey
5-Year Estimates). With a landmass of over 193 square miles, the Town makes up
approximately 41% of Nassau County's total land area. The Town accounts for approximately
57% of the total population of the County. Located within the Town are 22 incorporated
villages, and 50 unincorporated areas. These characteristics require extraordinary local

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government services that should only be provided with the highest level of honesty, integrity and
professionalism. Officers and employees of the Town hold their positions to serve and benefit
the public, and not to obtain unwarranted personal or private gain in the exercise and
performance of their official powers and duties. The Town recognizes that, in furtherance of
these fundamental principles, there is a need for clear, reasonable and enforceable standards of
ethical conduct. The following Code of Ethics is formulated to meet those standards.

§ 38-2 Definitions.

A. As used in this Chapter, the following terms shall have the meanings indicated:

AGENCY
Any Town authority, agency, board, bureau, commission, committee
or council created by law or appointed by the Town Board or Town
Supervisor, except for an advisory committee.

BOARD
Any administrative board, commission, committee, agency or body of
the Town of Hempstead comprised of two or more officers or
employees (e.g., Board of Appeals, Board of Ethics), excluding the
Town Board.

CANDIDATE
Any person seeking a nomination, designation or election to a public
office or party office.

DEPENDENT
Any of the following individuals over half of whose support, for the
calendar year in which the taxable year of the reporting individual begins,
was received from the reporting individual (or is treated under §152 of 26
U.S. Code as received from the reporting individual):

(a) A descendant of an unemancipated child;


(b) A brother, sister, stepbrother or stepsister;
(c) The father or mother of the reporting individual or an
ancestor of either;
(d) A stepfather or stepmother of the reporting individual;
(e) A son or daughter of a brother or sister of the reporting
individual;

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(f) A brother or sister of the father or mother of the reporting
individual;
(g) A son-in-law, daughter-in-law, father-in-law, mother-in-
law, brother-in-law or sister-in-law of the reporting
individual;
(h) An individual (other than an individual who at any time
during the reporting individual’s taxable year was the
spouse of the reporting individual) who, for the taxable
year of the reporting individual, has a principal place of
abode at the home of the reporting individual and is a
member of the reporting individual’s household.

ELECTED OFFICIAL
An elected official of the Town of Hempstead.

EMPLOYEE
Includes all persons whose salary is paid in whole or in part by the Town.
“Employee” shall not include independent contractors engaged to provide
services, goods or materials to the Town.

FIRM
A corporation, professional corporation, limited-liability company,
professional limited-liability company, limited or general partnership,
association or any other form of doing business as permitted pursuant
to the laws of the State of New York.

INTEREST
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 Town or an area of the Town, or a lawful class of
such residents or taxpayers.

OFFICER
Heads of departments, divisions, agencies, boards or commissions of the
Town of Hempstead and their deputies and assistants.

PERSON
Both individuals and entities.

RELATIVE
The spouse, domestic partner, child, stepchild, stepparent, parent,
grandparent, niece, nephew, aunt, uncle, cousin, grandchild, brother,

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sister, stepbrother or stepsister of the reporting individual; the child,
stepchild, stepparent, parent, grandparent, niece, nephew, aunt, uncle,
cousin, grandchild, brother, sister, stepbrother or stepsister of the reporting
individual's spouse; or any person who is a direct descendant of the
grandparents of the reporting individual or of the reporting individual's
spouse.

REPORTING INDIVIDUAL
The person required by Chapter 38A to file an Annual Financial
Disclosure Statement.

SPOUSE
The husband, wife or domestic partner of the reporting individual unless
living separate and apart from the reporting individual with the intention
of terminating the marriage or domestic partnership or providing for
permanent separation or unless separated pursuant to a judicial order,
decree or judgment or a legally binding separation agreement.

TOWN
The Town of Hempstead.

TOWN BOARD
The governing board of the Town of Hempstead, including the six council
members and one supervisor.

UNEMANCIPATED CHILD
Any son, daughter, stepson or stepdaughter under the age of 18, unmarried
and living in the household of the reporting individual.

Article II. Code of Conduct


§ 38-3 Conflicts of interest prohibited.
A. No elected official, officer, employee or any person or entity acting on behalf of, or in the
name of the Town, whether paid or unpaid, shall:
(1) Advance or serve interests in conflict with those of the Town or knowingly
undertake any act adverse or potentially adverse to the Town. This shall not include
administrative, legislative or policy decisions made in good faith, put forward or adopted by
members of the Town Board.
(2) Have or acquire an interest, directly or indirectly, in any manner whatsoever,
except by operation of law, in any business or entity that has professional dealings with the
Town or any agency thereof.

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(3) Act as attorney, agent, broker, representative or employee in business or
professional dealings with the Town or any agency thereof for any person, firm or corporation,
directly or indirectly, in any manner whatsoever, except when acting as a duly authorized labor
representative in matters involving collective bargaining.
(4) Accept other employment or engage in any business transactions or make any
investments, directly or indirectly, which create a conflict with his or her official duties. This
Subsection shall not prohibit a Town elected official, officer or employee from holding less than
5% of the stock of a publicly traded corporation.
B. No Town elected official, officer or employee shall use his or her Town position or
official powers and duties to secure a material benefit, whether financial or otherwise, for:
(1) Himself or herself;
(2) A Relative, as defined in this Chapter, or member of his or her household;
(3) A nongovernmental organization in which he or she has a financial interest;
(4) A client or customer of the officer or employee; or
(5) A person from whom the elected official, officer or employee has received a
private loan or loans, having an aggregate value of $75 or more in the previous 12 months.
C. A Town elected official, officer or employee shall not appear before the Town Board or
any other board, department or agency of the Town, except on his or her own behalf, or in his or
her capacity as an officer or employee of the Town.
D. A Town elected official, officer, employee or independent contractor shall not induce or
aid any officer or employee of the Town to violate any of the provisions of this Chapter.
E. Prohibited interests in contracts.
(1) No Town elected official, officer or employee shall have an interest in any
contract with the Town, when such elected official, officer or employee, individually or as a
member of a board or commission, has the power or duty, whether or not exercised, to:
(a) Negotiate, prepare, authorize or approve the contract or authorize or
approve payment thereunder;
(b) Audit bills or claims under the contract; or
(c) Appoint an officer or employee who has any of the foregoing powers or
duties.
(2) For the purposes of this subsection, the term "contract" means any claim, account
or demand against or agreement with the Town, written or oral, express or implied.

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(3) Notwithstanding the foregoing, for the purposes of this subsection, the term
"contract" shall not include:
(a) The designation of a bank or trust company as a depository, paying agent,
registration agent for the investment of Town funds except when the Supervisor,
Comptroller or his or her deputy or employee has an interest, excluding a bank
account(s) or any type of depository account(s), in the bank or trust company;
provided, however, that where designation of a bank or trust company outside the
Town would be required because of the foregoing restriction, a bank or trust
company within the Town may nevertheless be so designated;
(b) The designation of a newspaper, including but not limited to an official
newspaper, for the publication of any notice, resolution, ordinance or other
proceeding where such publication is required or authorized by law;
(c) The purchase by the Town of real property or an interest therein, provided
the purchase and the consideration therefor is approved by order of the supreme
court upon petition of the Town Board;
(d) The acquisition of real property or an interest therein, through
condemnation proceedings in accordance with law;
(e) A contract with a membership corporation or other voluntary nonprofit
corporation or association;
(f) The sale of bonds and notes pursuant to Section 60.10 of New York Local
Finance Law;
(g) A contract in which a Town elected official, officer or employee has an
interest if such contract was entered into prior to the time he or she was elected or
appointed as an officer or employee, but this subsection shall in no event
authorize a renewal of any such contract;
(h) A contract with a corporation in which a Town officer or employee has an
interest by reason of stockholdings when less than 5% of the stock of the
corporation is owned or controlled directly or indirectly by such officer or
employee;
(i) A contract for the furnishing of public utility services at rates or charges
that are fixed or regulated by the Public Service Commission;
(j) A contract for the payment of a reasonable rental of a room or rooms
owned or leased by a Town officer or employee, used in the performance of his or
her official duties, and designated as an office or chamber;

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(k) A contract for the payment of a portion of the compensation of a private
employee of an officer when such employee performs part time service in the
official duties of the office;
(l) A contract in which a Town officer or employee has an interest if the total
consideration payable thereunder, when added to the aggregate amount of all
consideration payable under contracts in which the person has an interest during
the fiscal year, does not exceed $750;
(m) A contract with a member of a private industry council established in
accordance with the federal Job Training Partnership Act or any firm, corporation
or association in which such member holds an interest, provided the member
discloses such interest to the Town Board and the member does not vote on the
contract.
F. There shall be online publication, as redacted, in accordance with the Freedom of
Information Law (Chapter 6 of the New York Public Officers Law), of all new public works
contracts and opened contract bids, including, but not limited to: (i) documentation regularly
compiled and maintained for the disclosure of the identities of all persons with interest in the
bidding entities; and (ii) documentation regularly compiled and maintained for the disclosure of
any relationships between those persons and Town elected officials, employees, and others
acting on behalf of or in the name of the Town and their relatives.
G. Voidable contracts. Any contract or agreement entered into by or with the Town which
results in or from a violation of any provision of this Chapter shall be voidable by the Town
Board. Such ratification shall not affect the imposition of any criminal or civil penalties pursuant
to this Chapter or any other provision of law.
H. Recusal.
(1) No Town elected official, or officer or employee shall participate in any decision
or take any official action requiring the exercise of discretion, or vote on any matter, when he or
she knows or has reason to know that the action may confer a, material, financial benefit on a
Relative.
(2) Whenever a Town elected official, officer or employee is required to recuse
himself or herself under this Chapter, he or she:
(a) Shall promptly inform the Town Supervisor and the Town Clerk, as well
as his or her direct supervisor, if any, in writing. In situations where there is no
direct supervisor, notification regarding the recusal of the elected official, officer
or employee must be given, in writing, to the Town Attorney, in addition to the
Town Supervisor; and
(b) Shall immediately refrain from participating further in the matter.

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(5) Except where otherwise required by law, whenever a vote is required from which
an elected official, Town officer or employee must recuse himself or herself, the elected official,
Town officer or employee's vote 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 (or a supermajority if required by
applicable law), vote 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.
I. The provisions of this section shall not prohibit an officer or employee from engaging in
conduct or possessing any interest, or require recusal as a result of such conduct or interest, if the
conduct or interest relates to:
(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 (a matter that does not require the exercise of discretion).
(3) Receipt of a nonmonetary award, donations or awards from charitable
organizations.
(4) Receipt of Town services or benefits, or use of Town facilities that are generally
available on the same terms and conditions to all or substantially all Town officers and
employees, residents or a class of residents in the Town and/or the general public.
(5) Representation of constituents by elected officials without compensation in
matters of public advocacy.
(6) The adoption of the Town’s annual budget.
(7) The appearance by a Town employee before a Town department, agency, board or
commission in a representative capacity on behalf of an employee organization where such
appearance is duly authorized by the employee organization.
J. Notwithstanding the provisions hereinbefore set forth, any persons serving the Town of
Hempstead or any agency thereof without compensation shall not be deemed in violation of
Subsections A, C, E or G above by reason of financial, professional or business interests unless
such interests are in conflict with the proper discharge of his or her official duties.

§ 38-4 Gifts and Favors.


A. No elected officials, employees, or others acting on behalf of, or in the name of, the
Town shall receive gifts, loans, meals, trips, entertainment tickets in excess of $75 from Town
vendors, bidders, fellow Town staff or supervisors, former vendors, or any other person as an
award or remuneration for doing any act on behalf of or in the name of the Town. No Town
building department inspector or code enforcement officer/inspector acting on behalf of, or in the
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name of, the Town shall receive any gifts, loans, meals, trips, entertainment tickets in any
amount from Town vendors, bidders, fellow Town staff or supervisors, former vendors, or any
other person.
B. Notwithstanding the foregoing, Section 38-4 shall not prohibit:
(1) Gifts made to the Town;
(2) Gifts from a person with a family or personal relationship with the officer or
employee;
(3) Gifts given on non-recurring special occasions, such as marriage, birth or
adoption of a child, illness, or retirement, which are 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 or less which are
publicly presented in recognition of service as a Town elected official, officer or employee, or
other service to the community;
(6) Incidental meals and refreshments provided when a Town elected official, officer
or employee is a speaker or participant at a job-related professional, charitable, educational, or
community conference, program or event; or
(7) In accordance with § 805-b of Chapter 18 of the General Municipal Law, gifts or
benefits having a value of one hundred ($100.00) dollars or less that are received by a Town
officer or employee serving in a capacity listed in Section 11 of the Domestic Relations Law for
the solemnization of a marriage by the officer or employee at a place other than his or her normal
public place of business or at a time other than his or her normal hours of business.

§ 38-5 Political activities prohibited.


A. No person shall engage in any political activities on Town time and/or engage in political
activities on Town premises at any time, except as any such prohibition may limit or infringe
upon First Amendment protections. Such prohibited activities include but are not limited to the
following:
(1) Sales or purchases of tickets to political events.
(2) Solicitation to join a political party, political club or organization, or political
activity.
(3) Solicitation of political donations, whether a gift of money, service or other thing
of value.
(4) The preparation or distribution of campaign material or literature.

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(5) Use of the Town’s website, email, printers, computers or other resources for
campaign purposes.
B. No person having supervisory control or who is superior in title to any official or
employee of the Town shall engage in any of the following actions with subordinates at any
time:
(1) Use of political contributions or work as the reason for promotions, assignment
changes, demotions or termination.
(2) Compel or induce a subordinate to make or promise to make, any political
contribution, whether by gift of money, service or other thing of value.
C. No elected Town official, commissioner, deputy commissioner, director or any person
holding an appointed office on the Town's Board of Ethics, Planning Board, Board of Appeals,
Industrial Development Agency or Local Development Corporation shall hold a position with
any Town, county, state, or national duly recognized political party's executive committee other
than committee person.
§ 38-6 Independent Contractors.
No independent contractor or employee of an independent contractor of the Town shall seek to
exert undue influence, or to obtain an undue preference, on behalf of a private interest, directly
or indirectly, in a matter before any Town department, agency, board or commission. A violation
of this section shall be cause for termination of the independent contractor’s engagement with the
Town.

§ 38-7 Use of Town resources.


A. Town resources shall be used only for lawful Town purposes.
B. Elected officials, employees, and others acting on behalf of or in the name of the Town
are prohibited from unduly converting use of Town equipment or resources where:
1. Use of Town resources is authorized by law, Town policy, a permit or collective
bargaining agreement to which the Town is a party;
2. Use of Town resources is for a minor and incidental purpose; or
3. Use of Town resources for personal or private purposes when provided to a Town
elected official or employee as part of his or her compensation.
C. As used in this section, the term "Town resources" shall include, Town personnel,
compensated time, money, equipment, facilities, letterhead, materials or supplies.

§ 38-8 Employment; consultation

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A. A Town officer or employee shall not appear or practice before the Town, except on his
or her own behalf or in the exercise of his or her duties to the Town, or receive compensation for
any services rendered in relation to any case, proceeding, application, or transaction before the
Town, for a period of two years after the termination of his or her service or employment with
the Town.
B. Restrictions for Town consultants. All Town consultants, including but not limited to
attorneys, architects, engineers, land use or economic consultants, shall be prohibited from
performing any work or services for any entity, individual, property owner or other involved
governmental agency which may reasonably relate to the work or services being provided to the
Town. This prohibition shall be for a period of two years, which shall commence upon any
action taken by the Town as a result of the consultant’s recommendations. All consultants shall
disclose in writing any and all entities, individuals, property owners or other governmental
agencies for which the consultant is currently providing or has previously provided services,
which relate to the work or services being provided to the Town.
C. Elected officials, employees, and others acting on behalf of or in the name of the Town in
a managerial capacity are prohibited from lobbying or engaging in selling of materials or
services to the Town or any agency or district wholly controlled by the Town Board for a period
of not less than two years after leaving such Town capacity.
D. Elected officials, employees, and others acting on behalf of or in the name of the Town in
a policy-making capacity are prohibited from charging speaking fees/honoraria or accepting any
other consideration for presentations on issues directly or indirectly related to Town government.
E. A former Town elected official, officer or employee shall not solicit, negotiate for, or
accept employment, within a two-year period after separation from Town service, with any
company or entity that is or was in a contractual relationship with the Town, where such Town
officer or employee was directly involved in the contractual process including, but not limited to,
the negotiation, drafting or performance of the contract. This prohibition shall not apply to post-
employment positions in the federal, state or any local government.
F. The preceding subsection shall not prevent the Town itself from retaining the services, in
accordance with General Municipal Law § 104-b and the Town's procurement policy, of a
former Town officer or employee or of a firm or corporation in which such former Town officer
or employee is currently employed, so long as the former Town officer or employee’s previous
employment with the Town is disclosed.
G. Private employment in conflict with official duties.
(1) No elected officials, employees, or others acting on behalf of, or in the name of,
the Town shall concurrently work as an employee or consultant for, or hold an interest in any
private firms or agencies that do business with the Town, unless the Board of Ethics shall
determine, in advance of commencement of such work, that no conflict of interest or violation of
other provisions of this Code of Ethics would be created thereby. In the event that the Board of

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Ethics permits an elected official, employee, or other to work concurrently as an employee or
consultant for a private firm or agency that does business with the Town as herein described, said
elected official, employee, or other shall recuse on, and in no way participate in, any matter or
business dealings between the private firm or agency and the Town. Nothing in this Chapter shall
prohibit any employee or others acting on behalf of the Town from being employed by, retained
by, or elected to any office of any other governmental authority so long as such position does not
conflict with the interests of the Town, or such other elected official, employee, or other's
position thereat.
(2) No Town elected official, officer or employee serving as staff to a Town Board
member shall receive or agree to receive, directly or indirectly, any compensation for consulting
or advisory services in connection with any proposed local law, resolution, ordinance or other
official action of the Town Board.
(3) No Town elected official, officer or employee shall ask for, pursue or accept a
private employment opportunity with any person or organization that has a matter requiring the
exercise of discretion pending before the Town officer or employee, either individually or as a
member of a board or commission, while the matter is pending or within the one year following
final disposition of the matter.
(4) No Town elected official, officer or employee, during his or her tenure as a Town
elected official, officer or employee, shall engage in any other employment, or engage in any
business, commercial, or professional activity, when the other employment or business,
commercial or professional activity:
(a) Involves duties that are incompatible with those of the official duties of
the Town elected official, officer or employee;
(b) May be reasonably expected to require frequent and inevitable
recusal;
(c) May be reasonably expected to require the use of confidential information
gained by reason of serving as a Town elected official, officer or employee;
(d) Will result in the Town elected official, officer or employee receiving
compensation for services to be rendered in connection with any matter before
any Town department, agency, board or commission of which he or she is an
officer, member or employee or of any Town department, agency, board or
commission over which he or she has jurisdiction or to which he or her has the
power to appoint any member, officer or employee;
(e) Is pursuant to an agreement with the Town elected official, officer or
employee, express or implied, for the Town elected official, officer or employee
to receive compensation for services to be rendered in connection with any matter
before any Town department, agency, board or commission of which he or she is
an officer, member or employee or of any Town department, agency, board or
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commission over which he or she has jurisdiction or to which he or her has the
power to appoint any member, officer or employee;
(f) Involves the representation of a person or organization other than the
Town, or pursuant to which the Town elected official, officer or employee will
receive, or enter into any agreement, express or implied, to receive compensation
for services rendered in connection with any application, request, claim or
proposal before any Town department, agency, board or commission, or any
litigation, negotiation or matter requiring the exercise of discretion to which the
Town is a party.
H. No elected officials, officers, employees, and others acting on behalf of, or in the name
of, the Town shall hold outside employment or contractual relationship with any other
governmental agency or jurisdiction if it would require as a condition or integral aspect of the
employment or contractual relationship the undertaking of actions in conflict with the interests of
the Town.
I. Elected officials, officers, employees, and others acting on behalf of or in the name of the
Town in a managerial capacity are prohibited from accepting appointments to board
memberships on other public governing entities, excluding nonpaying positions.
J. Elected officials, officers, employees, and others acting on behalf of or in the name of the
Town are prohibited from continuing in such capacity if and when convicted of a felony. Persons
convicted of a felony are banned from being a candidate for Town elective office.

§ 38-9 Personal Representations and Claims Permitted.


This Code shall not be construed as prohibiting a Town elected official, officer, employee or an
independent contractor of the Town from:
A. Seeking or accepting Town services, benefits, or the use of Town facilities, on the same
terms and conditions as are available to Town residents or a class of similarly situated Town
residents.
B. Representing, without compensation, himself or herself, a relative, or a member of his or
her household before a Town department, agency, board or commission other than the one
served by the Town elected official, officer, employee or independent contractor; or
C. Asserting a claim against the Town on his or her own behalf, on behalf of a relative or
member of his or her household, or on behalf of the taxpayers, unless the claim is prohibited by
this Article, or by Section 801 of the New York General Municipal Law.

§ 38-10 Interpretation; conflicts of interest.

In determining the meaning of any term in this Chapter, each and every term shall be assigned its
plain meaning. Nothing in this Chapter shall be construed to permit any act which would

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constitute an impermissible conflict of interest under § 801 of the General Municipal Law, or
absolve any person from full compliance with all applicable provisions of Chapter 18 of the
General Municipal Law. In determining whether a conflict of interest exists under this Chapter,
the term "interest" shall have the meaning as defined in Section 38-2 of this Chapter. An elected
official, employee, or other person acting on behalf of or in the name of the Town shall be
deemed to have an interest in the contract of (a) his or her spouse, minor children and
dependents, except a contract of employment with the Town which such officer or employee
serves, (b) a firm, partnership or association of which such official, employee or other person is a
member or employee, (c) a corporation of which such official, employee or other person is an
officer, director or employee, and (d) a corporation, any stock of which is owned or controlled
directly or indirectly by such official, employee or other person. Nothing shall constitute a
conflict of interest under this Chapter if it falls within one of the enumerated exceptions set forth
in § 802 of the General Municipal Law of the State of New York.

§ 38-11 Violations.
Violations of this Chapter shall be addressed in accordance with the provisions set forth in
Chapter 38B, Subsection 2.D.

§ 38-12 Distribution of Code of Ethics.


Pursuant to § 806.2 of the General Municipal Law, upon adoption of this Code of Ethics, the
Department of Human Resources shall act to ensure that each elected official, employee, and
other persons acting on behalf of or in the name of the Town shall receive a copy thereof, except
the failure to receive a copy shall not absolve any person from his or her obligation to fully
comply with all of its provisions. Upon receipt thereof, each person shall sign an
acknowledgement that he or she has received this Code of Ethics, and has fully read and
understands its provisions.
§ 38-13 Severability.
If any language, sentence or clause of this Chapter shall be deemed invalid and unenforceable by
a court of competent jurisdiction, then that determination shall affect only the language so
deemed, and the balance of the language of this Chapter shall remain in full force and effect.

Section 3.
This local law shall take effect upon filing with the Secretary of State.

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TOWN OF HEMPSTEAD
LOCAL LAW NO. OF 2018

A LOCAL LAW ESTABLISHING CHAPTER 38A OF THE


TOWN CODE ENTITLED “DISCLOSURE”

BE IT ENACTED by the Town Board of the Town of Hempstead, as follows:

Section 1. Legislative Intent.

In furtherance of the ethical standards established under Chapter 38 – Code of Ethics, the Town
Board of the Town of Hempstead hereby exercises the option granted local governing bodies
pursuant to § 811 of the General Municipal Law by requiring all Town officials and appointees
to file with the Board of Ethics a financial disclosure statement in the form set forth herein. It is
the intent of this Chapter to prevent conflicts of interest or the appearance of conflicts of interest
by requiring disclosure of those financial items that could reasonably be expected to lead to a
conflict of interest or the appearance of a conflict of interest.

Section 2.

Chapter 38A of the Town Code is hereby established as follows:

Chapter 38A
Disclosure

§ 38A-1 Definitions.
A. As used in this Chapter, the following terms shall have the meanings indicated:

AGENCY
Any Town authority, agency, board, bureau, commission, committee
or council created by law or appointed by the Town Board or Town
Supervisor, except for an advisory committee.

BOARD
Any administrative board, commission, committee, agency or body of
the Town of Hempstead comprised of two or more officers or
employees (e.g., Board of Appeals, Board of Ethics), excluding the
Town Board.

CANDIDATE

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Any person seeking a nomination, designation or election to a public
office or party office.

DEPENDENT
Any of the following individuals over half of whose support, for the
calendar year in which the taxable year of the reporting individual begins,
was received from the reporting individual (or is treated under §152 of 26
U.S. Code as received from the reporting individual):

(a) A descendant of an unemancipated child;


(b) A brother, sister, stepbrother or stepsister;
(c) The father or mother of the reporting individual or an
ancestor of either;
(d) A stepfather or stepmother of the reporting individual;
(e) A son or daughter of a brother or sister of the reporting
individual;
(f) A brother or sister of the father or mother of the reporting
individual;
(g) A son-in-law, daughter-in-law, father-in-law, mother-in-
law, brother-in-law or sister-in-law of the reporting
individual;
(h) An individual (other than an individual who at any time
during the reporting individual’s taxable year was the
spouse of the reporting individual) who, for the taxable
year of the reporting individual, has a principal place of
abode at the home of the reporting individual and is a
member of the reporting individual’s household.
ELECTED OFFICIAL
An elected official of the Town of Hempstead.

EMPLOYEE
Includes all persons whose salary is paid in whole or in part by the Town.
“Employee” shall not include independent contractors engaged to provide
services, goods or materials to the Town.

FIRM
A corporation, professional corporation, limited-liability company,
professional limited-liability company, limited or general partnership,
16
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association or any other form of doing business as permitted pursuant
to the laws of the State of New York.

INTEREST
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 Town or an area of the Town, or a lawful class of
such residents or taxpayers.

OFFICER
Heads of departments, divisions, agencies, boards or commissions of the
Town of Hempstead and their deputies and assistants.

PERSON
Both individuals and entities.

POLITICAL PARTY OFFICIAL


Any chairman of a Town committee elected pursuant to the Election Law
or designated by the rules of a Town political committee as the “Town
Leader” or “Chairman of the Executive Committee” or by whatever title
designated, pursuant to the rules of such Town committee or, in actual
practice, possesses or performs the principal political executive and
administrative functions of said Town committee, or has the power of
general management over the affairs of such Town committee, or the
power to exercise the powers of the chairman of such Town committee in
accordance with the rules of such Town committee or any person elected
pursuant to the Election Law or designated by the rules of any Town
committee, as the “Town Leader” of any political party.

RELATIVE
The spouse, domestic partner, child, stepchild, stepparent, parent,
grandparent, niece, nephew, aunt, uncle, cousin, grandchild, brother,
sister, stepbrother or stepsister of the reporting individual; the child,
stepchild, stepparent, parent, grandparent, niece, nephew, aunt, uncle,
cousin, grandchild, brother, sister, stepbrother or stepsister of the
reporting individual's spouse; or any person who is a direct descendant of
the grandparents of the reporting individual or of the reporting
individual's spouse.

REPORTING INDIVIDUAL
The person required by this Chapter to file an Annual Financial Disclosure
Statement.

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SPOUSE
The husband, wife or domestic partner of the reporting individual unless
living separate and apart from the reporting individual with the intention
of terminating the marriage or domestic partnership or providing for
permanent separation or unless separated pursuant to a judicial order,
decree or judgment or a legally binding separation agreement.

TOWN
The Town of Hempstead.

TOWN AGENCY
Any board, commission, authority or like organization established by
the Town to perform a governmental function that does not merely serve
in an advisory capacity.

TOWN BOARD
The governing board of the Town of Hempstead, including the six council
members and one supervisor.

UNEMANCIPATED CHILD
Any son, daughter, stepson or stepdaughter under the age of 18, unmarried
and living in the household of the reporting individual.

§ 38A-2 Disclosure of Interest.


A. All elected officials, officers and/or employees with direct knowledge that he or she, or a
Relative has a matter pending before the Town Board or the Town Board of Zoning Appeals, in
which he or she or a Relative has an interest, shall submit a Uniform Disclosure Form to the
Town Board or the Town Board of Zoning Appeals. Such Uniform Disclosure Form shall be in a
form approved by the Town Attorney’s office.
B. A copy of every Uniform Disclosure Form required under this section shall be promptly
transmitted by the board, agency, officer or employee receiving such disclosure, and to the Town
Clerk, who shall file and maintain same as a public record.
§ 38A-3 Disclosure of Confidential Information.
In accordance with § 805-a of Chapter 18 of the General Municipal Law, no officer or employee
shall disclose confidential information acquired by him or her in the course of his or her official
duties or use such information to further his or her personal interests.

§ 38A-4 Annual Financial Disclosure.


A. The Town has heretofore established requirements related to the filing of an Annual
Statement of Financial Disclosure Form by elected officials, officers, employees and other
18
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individuals. A blank copy of the statement shall be on file and maintained by the Town Clerk
and shall be available for public inspection during regular business hours.
(1) An annual statement of financial disclosure shall be filed with the Board of Ethics
by the following individuals:
(a) Elected Town officials.
(b) Department heads, deputy department heads, division heads,
commissioners and their deputy commissioners.
(c) Attorneys serving in the Town Attorney's office.
(d) All exempt employees appointed by the Town Board.
(e) Officers and employees whose duties involve the negotiation,
authorization or approval of:
i. Contracts, leases, franchises, revocable consents, concessions,
variances, special permits and licenses;
ii. The purchase, sale, rental or lease of real property, goods or
services;
iii. The obtaining of grants of money or loans; or
iv. The adoption or repeal of any rule or regulation having the force
and effect of the law.
(f) Local political party officials.
(g) Town inspectors.
(h) Candidates for elective Town office.
(i) Individuals who are party to a professional services contract with the
Town, wherein the individual is responsible for directly advising the Town Board,
and any individual employed by or associated with a firm that is a party to a
professional services contract with the Town if that individual directly advises the
Town Board on behalf of the firm. Notwithstanding anything to the contrary in
this Chapter, individuals will be required to complete and file a financial
disclosure statement prior to the execution by the Town of a professional services
agreement as described in this subsection and annually thereafter for the term of
the professional services contract. Notwithstanding the foregoing, individuals
required to file an annual statement of financial disclosure as required by this
subsection shall not be required to disclose the names or any information
regarding dependent children or any information, the disclosure of which would

19
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violate an ethical responsibility or duty established under state or federal law
pertaining to the individual.
(j) Town officers or employees holding a policymaking position.
(2) Policymaking positions. For the purposes of this Chapter, a person shall be
considered to hold a policymaking position if he or she exercises responsibilities of a
broad scope in the formulation of plans for the implementation of goals or policy for the
Town or a Town Agency or acts as an advisor to an individual in such a position. In
determining whether a person holds a policymaking position, the following factors shall
be considered, applied to the powers and duties of the position as set forth in the job
description or any applicable law or regulation as well as the actual duties performed by
the person:
(a) Whether the position permits meaningful input into the governmental
decision-making process on issues where there is room for principled
disagreement on goals or their implementation;
(b) Whether the powers and duties of the position are broadly defined and
require more than the exercise of simple ministerial competence (not requiring the
exercise of discretion);
(c) Whether the position permits the person to exercise control over other
officers or employees;
(d) Whether the position involves the establishment of priorities or the
development of programs;
(e) Whether the position requires or authorizes the conducting of studies or
entails a significant degree of involvement in the preparation of budgets or budget
requests for a local agency or municipality;
(f) Whether the position authorizes the person to speak on behalf of local
elected officials or other policymakers;
(g) Whether the position entails frequent contact with local elected officials or
their principal deputies.
(3) The offices, titles and job classifications of those officers and employees required
to file annual financial disclosure statements shall include but not be limited to:

 Accountant II

 Accountant III

 Accounting Executive

20
Draft.(9/18/18)
 Administrative Officer I

 Administrative Officer II

 Assistant Accounting Executive

 Assistant Coordinator Cultural Arts Program

 Assistant Director of Animal Shelter/Ct

 Assistant Director of Bay Constables

 Assistant Director of Cemeteries

 Assistant Director of Communications

 Assistant Director of Personnel

 Assistant Director of Real Estate

 Assistant Director of Reproduction Services

 Assistant Director of Traffic Ctr-Admin

 Assistant Director of Traffic Ctr-Opr/M

 Assistant Director of Traffic Ctr-St Li

 Assistant Director of Urban Renewal

 Assistant to the Commissioner of Data Processing

 Assistant to Commissioner Dept. of Buildings.

 Assistant to Commissioner Dept. of Highways

 Assistant to Commissioner Dept. of Water

 Assistant to Commissioner Occupational Resources

 Assistant to Commissioner of Consv/Water

 Assistant to Commissioner of General Services

 Assistant to Commissioner of Purchasing

 Assistant to Commissioner of Sanitation

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 Assistant to Commissioner of Plan. & Eco. Dev.

 Assistant to Deputy Commissioner of Consv/Water

 Assistant to Deputy Commissioner Parks-Labor

 Assistant to Deputy Commissioner Parks-Maint.

 Assistant to Deputy Commissioner Parks-Personnel

 Assistant to Deputy Commissioner Parks-Recreation

 Assistant to Director of Cemeteries

 Assistant to Director of Personnel

 Assistant to First Comm. –Sanitation

 Assistant to First Dep. Comm. – Door – Admi.

 Assistant to First Dep. Comm. – Door – Pers

 Assistant to First Dep. Comm. – Gen. Services

 Assistant to First Deputy Tax Receiver

 Assistant to Presiding Supervisor

 Assistant to Second Dep. Comm. – Gen. Services

 Assistant to Second Dep. Comm. – Sanitation

 Assistant to the Supervisor – Complaints

 Assistant to the Supervisor – Public Relations

 Assistant to the Supervisor –Research

 Assistant to the Third Dep. Comm. – Plan/Eco-Re

 Assistant to Town Board

 Assistant to Town Comptroller

 Assistant to Town Comptroller –Purchasing

 Assistant to Town Attorney

 Assistant Town Budget Supervisor


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 Building Inspector III

 Building Plan Examiner III

 Chairman Board Commission or Committee

 Chief Executive Assistant

 Chief Investigator

 Chief of Staff – Supervisor’s Office

 Civil Engineer IV

 Civil Engineer V

 Civil Service Administrator

 Claims Examiner

 Code Enforcement Officer III

 Commissioner Data Processing

 Commissioner Dept. of Buildings

 Commissioner Dept. Conservation/Water

 Commissioner Dept. of Drug/Alcohol Addiction

 Commissioner Dept. of Engineering

 Commissioner Dept. of General Services

 Commissioner Dept. of Highways

 Commissioner Dept. of Occupational Resources

 Commissioner Dept. of Parks & Recreation

 Commissioner Dept. of Planning & Eco. Dev.

 Commissioner Dept. of Public Safety

 Commissioner Dept. of Purchasing

 Commissioner Dept. of Sanitation

 Commissioner Dept. of Services for Aging


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Draft.(9/18/18)
 Commissioner Dept. of Water

 Commissioner Dept. of Industry/Commerce

 Compliance Coordinator

 Confidential Assistant to Director of Human Resources

 Confidential Assistant to Receiver of Taxes

 Confidential Assistant to Town Clerk

 Confidential Investigator

 Confidential Secretary to Counsel to the Supervisor

 Coordinator Cultural Arts Program

 Coordinator Handicapped Childrens Rec P

 Councilman

 Councilwoman

 Counsel to Board of Zoning Appeals

 Counsel to Commissioner – Planning & Eco Dev

 Counsel to Commissioner – Door – Part I

 Counsel to Commissioner – Dept. of Sanitation

 Counsel to Presiding Supervisor

 Counsel to Supervisor

 Deputy Comm. Dept. of Ind/Comm – Local Comm.

 Deputy Comm. Dept. of Ind/Comm-Rch/Dev.

 Deputy Comm. Dept. of Parks-Phy Cond Yout

 Deputy Comm. Dept. of Planning/Eco Dvlp-1

 Deputy Comm. Dept. of Planning/Eco Dvlp-2

 Deputy Comm. Dept. of Planning/Eco Dvlp-3

 Deputy Comm. Cons/Waterways –Operations


24
Draft.(9/18/18)
 Deputy Comm. Cons/Waterways

 Deputy Comm. Data Processing – 1st

 Deputy Comm. Data Processing – 2nd

 Deputy Comm. Occupational Resources

 Deputy Comm. Occupational Resources

 Deputy Commissioner Dept. of Bldgs. – 1

 Deputy Commissioner Dept. of Bldgs. – 2

 Deputy Commissioner Dept. of Engineering

 Deputy Commissioner Dept. of Engineering

 Deputy Comm. Of General Services – 1S

 Deputy Comm. Of General Services – 2N

 Deputy Comm. Of General Services – 3R

 Deputy Comm. Dept. of Highways

 Deputy Comm. Dept. of Parks

 Deputy Comm. Dept. of Parks

 Deputy Comm. Dept. of Parks

 Deputy Comm. Dept. of DGS/C

 Deputy Comm. Dept. of Parks/Rec-A

 Deputy Comm. Dept. of Parks-Operation

 Deputy Comm. Dept. of Parks-Personnel/B

 Deputy Comm. Dept. of Parks-Whse/In

 Deputy Comm. Dept. of Public Safety

 Deputy Comm. Dept. of Public Safety

 Deputy Comm. Dept. of Purchasing

 Deputy Comm. Dept. of Sanitation


25
Draft.(9/18/18)
 Deputy Comm. Dept. of Sanitation

 Deputy Comm. Dept. of Sanitation

 Deputy Comm. Dept. of Sanitation

 Deputy Comm. Dept. of Water-First

 Deputy Comm. Dept. of Water-Second

 Deputy Comm. Dept. Srvcs/Aging-1S

 Deputy Comm. Dept. Srvcs/Aging-2N

 Deputy Comm. Drug & Alcohol Addiction

 Deputy Executive Director

 Deputy Receiver of Taxes-Admin. & Comm-1

 Deputy Receiver of Taxes-Collect/Disb-2

 Deputy Receiver of Taxes-Svcs & Acct-3R

 Deputy Registrar of Vital Statistics

 Deputy Town Attorney

 Deputy Town Attorney-Chief

 Deputy Town Attorney-Principal

 Deputy Town Attorney-Senior

 Deputy Town Clerk-First

 Deputy Town Clerk-Second

 Deputy Town Clerk-Third

 Deputy Town Comptroller-First

 Deputy Town Comptroller-Second

 Director Animal Shelter & Control

 Director Community Dvlpmt. Const. Project

 Director of Bay Constables


26
Draft.(9/18/18)
 Director of Cemeteries

 Director of Communications

 Director of Conservation

 Director of Finance

 Director of Fine Arts

 Director of Personnel

 Director of Real Estate

 Director of Reproduction Services

 Director of Security & Emergency Service

 Director of Tourism-Office of Tourism

 Director of Traffic Control

 Director of Urban Renewal

 Director of Waterways Management

 Executive Assistant to President Supervisor

 Executive Assistant to Town Board

 Executive Director Civil Service Commission

 Executive Director Housing Authority

 Fiscal Manager

 Highway Budget Supervisor

 Information & Liaison Specialist

 Information Specialist II

 Inspector

 Landscape Architect III

 Law Assistant-Senior

 Legislative Aide
27
Draft.(9/18/18)
 Member Board Commission or Committee

 Multiple Residence Inspector III

 Negotiator Part Time

 Park Supervisor III

 Personnel Specialist IV

 Placement Coordinator

 Plumbing Inspector III

 Presiding Supervisor

 Press Secretary

 Receiver of Taxes

 Registrar of Vital Statistics

 Risk Management Officer

 Safety Consultant

 Sanitation Inspection Supervisor

 Secretary to Board of Zoning Appeals

 Secretary to Joint Village Noise Abatem

 Secretary to Town Public Employ Reltn B

 Site Development Landscape Architect

 Small Business Coordinator

 Special Assistant to Presiding Supervisor

 Sub Registrar of Vital Statistics

 Sub Registrar of Vital Statistics-Prt T

 Sub Registrar of Vital Statistics-Seaso

 Supervisor

 Supervisor of Construction Insp. Srvcs.


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 Supervisor of Licensing

 Supervisor of Special Sanitation Services

 Town Attorney

 Town Budget Supervisor

 Town Clerk

 Town Comptroller

 Zoning Inspector III


(4) Any individual hired by the Town to fill a position that requires the filing of a
financial disclosure statement must file a financial disclosure statement as a pre-condition to
employment prior to appointment by the Town Board.
(5) Form of statement.
(a) All Reporting Persons shall file a disclosure statement in the form set forth
in § 38A-6 of this Chapter.
(b) The Board of Ethics shall recommend any amendments to the forms of
financial disclosure statement that it deems warranted or that may be required by
law, and shall submit such recommended amendments to the Town Board for
consideration.
(6) Time and place for filing.
(a) Reporting individuals other than candidates for elected Town office shall
file financial disclosure statements with the Board of Ethics on or before May 15
of each year with respect to the preceding calendar year. By October 15 of each
year, the Town's Director of Human Resources shall provide to the Board of
Ethics and the Town Attorney a list of those employees who have commenced
employment with the Town after May 15 of that year. If the list contains any
employees required to file a financial disclosure statement pursuant to this section
and who have not yet filed a statement, the Board of Ethics shall require such
employees to file a statement within 30 days of a written notice to such employees
by the Board of Ethics. It shall only be a violation of this section if an employee
or political party official who commences employment or takes a position as a
political party official after May 15 fails to file a financial disclosure statement on
or before the 30th day after the Board's notice.
(b) Candidates for Town elective office shall file financial disclosure
statements with the Board of Ethics within thirty days of nomination or
designation pursuant to the applicable provisions of the New York election law.
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(c) A person who is subject to the reporting requirements of this section and
who has timely filed with the Internal Revenue service an application for
automatic extension of time in which to file his or her individual income tax
return for the immediately preceding calendar or fiscal year shall be required to
file such financial disclosure statement on or before May fifteenth but may,
without being subjected to any civil penalty on account of a deficient statement,
indicate with respect to any item of the disclosure statement that information with
respect thereto is lacking but will be supplied in a supplementary statement of
financial disclosure which shall be filed on or before the seventh day after the
expiration of the period of such automatic extension of time within which to file
such individual income tax return, provided that failure to file or to timely file
such supplementary statement of financial disclosure or the filing of an
incomplete or deficient supplementary statement of financial disclosure shall be
subject to the notice and penalty provisions of this section respecting annual
statements of financial disclosure as if such supplementary statement were an
annual statement.
(d) A person who is required to file an annual financial disclosure statement
with the Board of Ethics and who is granted an additional period of time within
which to file such statement due to justifiable cause or undue hardship, in
accordance with the required rules and regulations of the Board of Ethics on the
subject, shall file such statement within the additional period of time granted.
(e) Candidates for Town elected office who file designating petitions for
nomination at a primary election, shall file a financial disclosure statement within
two business days after the last day allowed by law for the filing of designating
petitions naming said candidates for the next succeeding primary election.
(f) Candidates for independent nomination for Town elected office who have
not been designated by a party to receive a nomination shall file a financial
disclosure statement within two business days after the last day allowed by law
for the filing of individual nominating petitions naming said candidates for Town
elected office in the next succeeding general or special election.
(g) Candidates for Town elected office who receive the nomination of a party
for a special election shall file a financial disclosure statement within two
business days after the date of the meeting of the party committee at which they
are nominated.
(h) As used in this subdivision, the terms “party”, “committee” (when used in
conjunction with the term “party”), “designation”, “primary”, “primary election”,
“nomination”, “independent nomination”, “ballot” and “uncontested office” shall
have the same meanings as those contained in section 1-104 of the Election Law.

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(7) Maintenance and public inspection of financial disclosure statements. All
financial disclosure statements filed with the Board of Ethics shall be available for public
inspection and copying, as redacted, in accordance with the Freedom of Information Law
(Chapter 6 of the New York Public Officers Law); except that a reporting person may request
that such information be withheld from public disclosure, and the Board of Ethics, in its
discretion, may grant such request to the extent permitted by the Freedom of Information Law
(Chapter 6 of the New York Public Officers Law). In all instances, information relating to minor
children or dependents shall be redacted.

(8) Both political party officials and any person required to file a financial disclosure
statement who commences employment after April 15th of any year shall file such statement
within thirty days after commencing employment or of taking the position of political party
official, as the case may be.

(9) A person who is subject to the filing requirements of both Subdivision 2 of § 73-a
of the Public Officers Law and of this section may satisfy the requirements of this section by
filing with the Town of Hempstead Board of Ethics on or before the filing deadline provided in §
3-a of said law, a copy of the financial disclosure statement filed pursuant to said § 73-a,
notwithstanding the filing deadline otherwise imposed by this section.

(10) A Town elected official who is simultaneously a candidate for county elected
office shall satisfy the filing deadline requirements of this subdivision by complying only with
the deadline applicable to one who holds such Town elected office.

(11) A candidate whose name will appear on both a party designating petition and on
an independent nominating petition for the same office or who will be listed on the election
ballot for the same office more than once shall satisfy the filing deadline requirements of this
section by complying with the earliest applicable deadline only.

§ 38A-6 Annual Statement of Financial Disclosure.


The annual statement of financial disclosure shall contain the information and shall be in the
form set forth below:

TOWN OF HEMPSTEAD
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE
REPORTING PERIOD: CALENDAR YEAR 20_____

The annual statement of financial disclosure shall contain the information and shall be in the
form set forth below:

1. NAME AND ADDRESS.

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Last Name Middle Initial First Name

Title

Department or Agency

Department or Agency Address Telephone No.

Residence Address Telephone No.

2. SPOUSE AND CHILDREN.

Provide the name of your spouse (if married) and the names of any dependent children: If none,
place a check mark in the following box.
□ none.

Spouse
Child/Age
Child/Age
Child/Age

3. RELATIVES CURRENTLY EMPLOYED BY THE TOWN.

Provide the name(s) of your relative(s) currently employed by the Town: If none,
place a check mark in the following box.
□ none.

NOTE: FOR QUESTIONS 4 TO 7. DO NOT REPORT EXACT DOLLAR AMOUNTS.


INSTEAD, REPORT CATEGORIES OF AMOUNTS, USING THE FOLLOWING:
CATEGORY A: UNDER $5,000
CATEGORY B: $5,000 TO UNDER $20,000
CATEGORY C: $20,000 TO UNDER $60,000
CATEGORY D: $60,000 TO UNDER $100,000
CATEGORY E: $100,000 TO UNDER $250,000
CATEGORY F: $250,000 OR OVER

4. FINANCIAL INTERESTS.

a. Business Positions. List any office, trusteeship, directorship, partnership, or other


position in any business, association, proprietary, or not-for-profit organization held by you and
your spouse or your dependent children, if any, and indicate whether these businesses are
involved with the Town of Hempstead in any manner. If none, place a check mark in the

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following box.
□ none

Name of Town Department


Family Member Position Organization Agency and Nature
of Involvement

b. Outside Employment. List any outside occupation, employment, trade, business, or


profession providing more than $1,000 per year for you and your spouse and dependent
children, if any, and indicate whether such activities are regulated by any state or local agency.
If none, place a check mark in the following box.
□ none

Name, Address,
Name of and Description State or Local Category
Family Member Position of Organization Agency of Amount

c. Clients and Customers Doing Business with the Town. Identify any client or customer:
(i) from which you know that you, your outside employer, firm, limited liability company,
partnership, association, or corporation in which you are the owner of more than five percent of
the outstanding shares of corporate stock, derived income in excess of five thousand ($5,000)
dollars, and (ii) that you know, during the reporting period, had any application, request, claim or
interest in any proposal before a Town department, agency, board or commission, or any
litigation, negotiations or matter requiring the exercise of discretion to which the Town is a
party.

 Do not identify any client or customer that received medical, pharmaceutical or dental
services, or mental health services.
 Do not identify any client or customer that received residential real estate services, other
than services rendered in connection with a land use application.
 Do not identify any client or customer represented in connection with an investigation or
prosecution by law enforcement authorities, bankruptcy, family court, estate
planning, or
domestic relations matters.
 Do not identify any client or customer represented pursuant to an insurance policy, but
identify the source of compensation paid to you or the firm.
 Do not disclose information prohibited from disclosure by federal or state law, such as
information governed by the Family Court Act or the identity of any minor client or
customer.

You may seek an exemption from the Board of Ethics in connection with the disclosure of
identifying client or customer information.

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If none, place a check mark in the following box.
□ none

Client or Customer Town Application Claim, Amount of Income


Request or Proposal by Category

d. Future Employment. Describe any contract, promise, or other agreement between you
and anyone else with respect to your employment after leaving your Town office or position. If
none, place a check mark in the following box.
□ none

e. Past Employment. Identify the source and nature of any income in excess of $1,000 per
year from any prior employer, including deferred income, contributions to a pension or
retirement fund, profit sharing plan, severance pay, or payments under a buy-out agreement. If
none, place a check mark in the following box.
□ none

Name and Address Description of Income Category of


of Income Source (i.e., pension, deferred, etc.) Amount

f. Investments. Itemize and describe all investments in excess of $5,000, or 5% of the value in
any business, limited liability company, partnership, association, corporation or other assets,
including stocks, bonds, loans, pledged collateral, and other investments, for you, your spouse,
and your dependent children, if any. List the location of all real estate within the Town of
Hempstead or within five hundred feet of a boundary of the Town, in which you, your spouse, or
your dependent children, if any, have an interest, regardless of its value. If none, place a check
mark in the following box.
□ none

Name and Address of


Name of Business or Real Description Category
Family Member Estate of Investment of Amount

g. Trusts. Identify each interest of you, your spouse, and your dependent children in a trust
or estate or similar beneficial interest in any assets in excess of $2,000. Do not list IRS eligible
retirement plans or interests in an estate or trust of a relative. If none, place a check mark in the
following box.
□ none

Name of Description Category of


Family Member Trustee/Executor Trust/Estate Amount

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h. Other Income. Identify the source and nature of any other income in excess of $1,000
per year from any source not described above, including teaching income, lecture fees,
consultant fees, contractual income, or other income of any nature, for you,
your spouse and your dependent children, if any.
□ none

Name of Name and Address Category


Family Member of Income Source Nature of Income of Amount

5. GIFTS AND HONORARIUMS.


List the source of all gifts aggregating in excess of $1,000 received during the last year by you,
your spouse or dependent child, excluding gifts from a relative. The term “gifts” includes gifts
of cash, property, personal items, payments to third parties on your behalf, forgiveness of debt,
honorariums, and any other payments that are not reportable as income. If none, place a check
mark in the following box.
□ none

Name of Family Member Name and Address of Donor Category of Amount


6. THIRD-PARTY REIMBURSEMENTS.
Identify and describe the source of any third-party reimbursement for travel-related
expenditures in excess of $1,000 for any matter that relates to your official duties. The term
“reimbursement” includes any travel-related expenses provided by anyone other than the Town
of Hempstead for speaking engagements, conferences, or fact-finding events that relate to your
official duties. If none, place a check mark in the following box.
□ none

Source Description Category of Amount


7. DEBTS.
Describe all debts of you, your spouse, and your dependent children in excess of $10,000. Do not
list any obligation to pay maintenance, alimony or child support. Do not list any loan issued in
the ordinary course of business by a financial institution to finance educational costs, the cost of
home purchase or improvements for a primary or secondary residence, or purchase of a
personally owned motor vehicle, household furniture or appliances. If none, place a check mark
in the following box.
□ none

Name of Family Member Name and Address of Creditor Category of Amount


8. INTEREST IN CONTRACTS.
Describe any interest of you, your spouse, or your dependent children in any contract involving
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the Town of Hempstead or any municipality located within the Town. If none, place a check
mark in the following box.
□ none

Name of Family Member Contact Description


9. POLITICAL PARTIES.
List any position you held within the last five years as an officer of any political party, political
committee, or political organization. The term “political organization” includes any
independent body or any organization that is affiliated with or a subsidiary of a political party.
If none, place a check mark in the following box.
□ none

10. DISCLOSURE BY LICENSED PROFESSIONALS AND LOBBYISTS.


a. If you were licensed to practice law, worked as a licensed real estate broker or agent,
practiced a profession licensed by the New York State Education Department, or worked as a
member or employee of a firm required by law to register as a lobbyist, give a general
description of the principal subject areas of matters that you handled during the reporting
period, the compensated services that you performed, and whether you personally provided
services directly to clients. If none, place a check mark in the following box.
□ none
b. If you were licensed to practice law, worked as a licensed real estate broker or agent,
practiced a profession licensed by the New York State Education Department, or worked as a
member or employee of a firm required by law to register as a lobbyist, and are a partner or
shareholder in the firm or corporation that engaged in such activities, give a general description
of the principal subject areas of matters that the firm or corporation handled during the
reporting period. If none, place a check mark in the following box.
□ none
I have received and read a copy of the Town of Hempstead Code of Ethics.
Signature Date

§ 38A-7 Enforcement.

A. Pursuant to Chapter 38B, Subsection 2(C), the Board of Ethics shall receive complaints
alleging violations of this Chapter and shall have the power to conduct any investigation
necessary to carry out the provisions of this Chapter.

B. The Board of Ethics may access penalties pursuant to Chapter 38B, Subsection 2(D) for a
violation of any of the provisions of this Chapter.

§ 38A-8 Severability.
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If any language, sentence or clause of this Chapter shall be deemed invalid and unenforceable by
a court of competent jurisdiction, then that determination shall affect only the language so
deemed, and the balance of the language of this Chapter shall remain in full force and effect.

Section 3.
This local law shall take effect upon filing with the Secretary of State.

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TOWN OF HEMPSTEAD
LOCAL LAW NO. OF 2018

A LOCAL LAW ESTABLISHING CHAPTER 38B OF THE


TOWN CODE ENTITLED “BOARD OF ETHICS”

BE IT ENACTED by the Town Board of the Town of Hempstead, as follows:

Section 1. Legislative Intent.

The proper administration of the government of the Town of Hempstead requires its officers and
employees, whether elected or appointed, paid or unpaid, including members of any
administrative boards, commissions or other agencies, to be impartial and free from conflicts of
interest, or even the appearance of conflicts, and free from partisan political influences in
fulfilling their public responsibilities. The standards established by Chapter 38 – Code of Ethics
shall serve many salutary goals, chiefly, to maintain the highest level of ethical standards for
Town elected officials, employees, and others acting on behalf of or in the name of the Town.
These standards shall be overseen by a Board of Ethics, as established by this Chapter and under
the express authority of General Municipal Law § 808.3.

Section 2.

Chapter 38B of the Town Code is hereby established as follows:

Chapter 38B
Board of Ethics

§ 38B-1 Definitions.

A. As used in this Chapter, the following terms shall have the meanings indicated:

AGENCY
Any Town authority, agency, board, bureau, commission, committee
or council created by law or appointed by the Town Board or Town
Supervisor, except for an advisory committee.

CANDIDATE
Any person seeking a nomination, designation or election to a public
office or party office.

ELECTED OFFICIAL
An elected official of the Town of Hempstead.

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EMPLOYEE
Includes all persons whose salary is paid in whole or in part by the Town.
“Employee” shall not include independent contractors engaged to provide
services, goods or materials to the Town.

FIRM
A corporation, professional corporation, limited-liability company,
professional limited-liability company, limited or general partnership,
association or any other form of doing business as permitted pursuant
to the laws of the State of New York.

INTEREST
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 Town or an area of the Town,
or a lawful class of such residents or taxpayers.

OFFICER
Heads of departments, divisions, agencies, boards or commissions of the
Town of Hempstead and their deputies and assistants.

PERSON
Both individuals and entities.

RELATIVE
The spouse, domestic partner, child, stepchild, stepparent, parent,
grandparent, niece, nephew, aunt, uncle, cousin, grandchild, brother,
sister, stepbrother or stepsister of the reporting individual; the child,
stepchild, stepparent, parent, grandparent, niece, nephew, aunt, uncle,
cousin, grandchild, brother, sister, stepbrother or stepsister of the
reporting individual's spouse; or any person who is a direct descendant of
the grandparents of the reporting individual or of the reporting
individual's spouse.

REPORTING INDIVIDUAL
The person required by Chapter 38A to file an Annual Financial
Disclosure Statement.

SPOUSE
The husband, wife or domestic partner of the reporting individual unless
living separate and apart from the reporting individual with the intention
of terminating the marriage or domestic partnership or providing for

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permanent separation or unless separated pursuant to a judicial order,
decree or judgment or a legally binding separation agreement.

TOWN
The Town of Hempstead.

TOWN AGENCY
Any board, commission, authority or like organization established by
the Town to perform a governmental function that does not merely serve
in an advisory capacity.

TOWN BOARD
The governing board of the Town of Hempstead, including the six council
members and one supervisor.

UNEMANCIPATED CHILD
Any son, daughter, stepson or stepdaughter under the age of 18, unmarried
and living in the household of the reporting individual.

§ 38B-2 Board of Ethics established; membership


The Town of Hempstead Board of Ethics is hereby established, under the authority of § 808.3 of
the General Municipal Law of the State of New York. The terms of all the current members of
the Board of Ethics shall expire upon the adoption of this Local Law. The members of the Board
of Ethics shall be appointed by the Supervisor, subject to confirmation of the Town Board, after
giving due consideration to the recommendation of the members of the Town Board. The name
of each member of the Board of Ethics shall be published on the Town’s website. The Board of
Ethics shall be composed of five (5) members to serve at the pleasure of the Town Board,
without compensation, and at the terms set forth below:
A. Qualifications of members.
1. No member of the Board of Ethics shall be an officer or employee of the Town of
Hempstead.
2. No member of the Board of Ethics shall be the relative of an elected official,
officer or employee of the Town of Hempstead.
3. No more than two members of the Board of Ethics shall be enrolled members of
the same political party and at least one member from each major political party
shall serve on the Board of Ethics. For purposes of this section, the term “major
political party” shall mean each of the two parties which polled for their
respective candidates for the office of the governor, the highest and next highest
number of votes, at the last preceding election for such office.

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4. The composition of the Board of Ethics should include: i) a member of academia
whose area of expertise is municipal or legal ethics; ii) a former member of the
judiciary; iii) an attorney currently in good standing; and iv) a member of the
public.
5. No officer of a political party, including a committeeperson or any officer higher
than a committeeperson, may be appointed as a member of the Board of Ethics.
6. No person may be appointed as a member of the Board of Ethics who is or has
been having business dealings with the Town or any Town agency for the past
five years, directly or indirectly, personally or through some firm, association or
corporation in which he or she acts in an official capacity.
7. The Board of Ethics shall meet once a month to conduct any such business as may
come before it. In instances where there is no business before the Board of Ethics
it shall not be required to meet. A voting majority of the Board of Ethics must be
present at the meeting for it to constitute a meeting.
8. The Board of Ethics shall have the confidential advice of legal counsel from the
Town Attorney’s office or upon application to the Town Board to retain outside
counsel, and the services of a confidential assistant employed by the Town.
9. The costs incurred by the Board of Ethics in properly fulfilling its functions under
this Chapter shall be valid Town charges.
B. Term of office.
1. The members of the Board of Ethics shall serve for fixed, staggered terms of five
years; with the first members so appointed serving for terms of five years, four
years, three years, two years and one year, respectively. There shall be a two term
limit on the number of terms that any individual member may serve. In the event
of a vacancy due to resignation, death, illness or otherwise, a successor shall be
appointed pursuant to this section for the unexpired balance of the term.
2. A Board of Ethics member shall serve until his or her successor has been
appointed. If a vacancy occurs, it shall be filled, within 60 days, for the unexpired
portion of the term in the same manner as the original appointment.

§ 38B-3 Powers and duties of the Board of Ethics.


The powers and duties of the Board of Ethics shall include the following:
A. General.
1. To review, index, maintain on file, and dispose of sworn complaints and to make
notifications and conduct investigations, solely relating to violations of Chapter
38, Chapter 38A and Chapter 38C.
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2. To conduct hearings, recommend disciplinary action, assess penalties, make
referrals, and initiate appropriate actions and proceedings solely relating to
violations of Chapter 38, Chapter 38A and Chapter 38C.
3. To provide guidance and education to Town officers and employees.
4. The Board of Ethics, with the assistance of the Town Attorney, shall develop,
publish, post and distribute a plain language guide and other ethics information
and educational materials, including but not limited to posting such ethics
information and educational material on the Town website, and in the
development and presentation of ethics educational programs.
5. The Board of Ethics, in consultation with the Town Attorney, may make
recommendations for proposed amendments to the Code of Ethics and submit
same for consideration to the Town Board. The Town Board may approve the
recommendations, or may make such modifications as the Town Board may deem
appropriate. The Town Board may act to amend the Code of Ethics on its own
motion, regardless of the recommendations of the Board of Ethics.
6. The Board of Ethics shall render advisory opinions to elected officials, officers
and employees of the Town with respect to interpretations and method of
implementation of the Code of Ethics. Such advisory opinions shall be rendered
pursuant to the written request of any elected officials, employees, and others
acting on behalf of or in the name of the Town.
7. The members of the Board of Ethics shall elect a Chairperson from their group.
8. The Board of Ethics shall promulgate its own rules and regulations as to its forms
and procedures and shall maintain appropriate records of its opinions and
proceedings.
9. Notwithstanding the provisions of Chapter 7 of the Public Officers Law, no
meeting or proceeding of the Board of Ethics shall be open to the public, except if
expressly provided otherwise by said Board of Ethics.
B. Annual Financial Disclosure Statements.
1. Be the repository for completed annual statements of financial disclosure.
2. Adopt, amend and rescind rules and regulations to govern procedures for filing
the annual statements of financial disclosure and for requesting extensions of time
to file for justifiable cause or undue hardship and shall set time limits for such
extensions. Said rules and regulations shall include a date beyond which no
extensions will be granted. The Board of Ethics may utilize or modify such rules
or regulations or adopt separate rules or regulations for the purposes set forth in §
811, Subdivision 1(d), of the General Municipal Law.

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3. Make the form for the annual statement of financial disclosure available to
persons required to file.
4. Receive and review completed financial disclosure statements.
5. Make available for public inspection, during regular business hours, the
completed annual financial disclosure statements, except that the categories of
amounts are confidential and shall not be made available to the public.
6. Permit anyone required to file an annual financial disclosure statement to request
an exemption from requirements to report items of information pertaining to their
spouse or unemancipated children.
7. Advise and assist local agencies in establishing rules and regulations relative to
possible conflicts between private interests and official duties.
8. Promulgate guidelines to assist the Town Board in determining which persons
hold policy-making positions for the purposes of § 38A-5.
9. Permit any person who is not holding a policymaking position but is otherwise
required to file, to request an exemption from filing, subject to the rules and
regulations of the Board of Ethics.
10. The Board of Ethics may, upon certification of a question, determine a question
common to a class or defined category of persons or items of information required
to be disclosed, where determination of the question will prevent undue repetition
or prevent undue complication in complying with the requirements of § 38A-5.
11. Determine whether any person required to file an annual financial disclosure
statement has failed to file or has filed a deficient statement or has revealed a
possible violation in their statement.
a) If the Board of Ethics determines that a person has failed to file or has
filed a deficient statement, it shall notify the person, in writing, stating
said failure or deficiency, provide a fifteen-day period to cure and advise
the person of penalties. Said notice shall be confidential. If the person fails
to cure within the fifteen days, the Board of Ethics will send a notice of
delinquency to the reporting person and to the Town Board. Said notice
shall be confidential.
b) If the Board of Ethics determines that the filed statement reveals a possible
violation of the Code of Ethics or if the Board of Ethics receives a sworn
complaint alleging a violation or if the Board of Ethics, on its own
initiative, investigates a possible violation, the Board of Ethics shall notify
the reporting person, in writing, describing the possible or alleged
violation and provide a fifteen-day period to respond in writing. If the

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Board of Ethics determines that further inquiry is justified, it shall afford
the reporting person the opportunity to be heard. The Board of Ethics shall
advise the reporting person of the rules regarding adjudication procedures
and appeals available. If the Board of Ethics determines at any state that
there is no violation or that any conflict has been rectified, it shall so
advise the reporting persons and the complainant, if any. All procedures
herein shall be confidential.
c) If the Board of Ethics determines that there is reasonable cause to believe
a violation has occurred, it shall send a notice of reasonable cause to the
reporting person, the complainant, if any, and the Town Board, if the
reporting person is an officer or employee.
d) A reporting person who knowingly fails to file a financial disclosure
statement or knowingly makes a false statement or gives false information
on such statement or knowingly violates any other provision of this
Code of Ethics shall be assessed a civil penalty in accordance with § 38B-
2(D). Assessment of the penalty shall be made by the Board of Ethics.
e) A copy of any notice of delinquency or notice of reasonable cause sent
pursuant to Subsection 11 (a) and (c) of this section shall be included in
the reporting person's personnel file.
C. Complaints; investigations.
1. The Board of Ethics may accept from the general public or the Town Attorney or
any officer or employee a complaint or allegation of a violation of Chapter 38,
Chapter 38A, and/or Chapter 38C of the Town Code by an elected official, town
officer or employee or other person covered under the terms of these Chapters.
2. There shall be an online process for members of the general public or any member
of the Board of Ethics or any Town officer or employee to submit confidential
complaints alleging a violation of Chapter 38, Chapter 38A, and/or Chapter 38C
of the Town Code.
3. Upon receipt of a signed and notarized complaint by any person alleging a
violation of Chapter 38, Chapter 38A, and/or Chapter 38C of the Town Code that
a violation of one or more of these Chapters may exist, the Board of Ethics shall
have the authority to conduct any investigation necessary to carry out the
provisions of this Chapter. In conducting any such investigation, the Board of
Ethics may administer oaths or affirmations, subpoena witnesses, compel their
attendance, and require the production of any books or records which it may deem
relevant and material.
4. Complainants shall be afforded such whistleblower protections as may be
provided by law, including but not limited to the protections set forth in New
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York Civil Service Law § 75-b and New York Labor Law § 740, to the extent
applicable. However, if a complainant files two consecutive complaints which are
found to be frivolous, such person shall be prohibited for two years from filing
another complaint.
5. The Board of Ethics shall state in writing the disposition of every complaint it
receives and of every investigation it conducts and shall set forth the reasons for
the disposition. All such statements and all complaints shall be indexed and
maintained on file by the Board of Ethics.
6. Any person filing a complaint with the Board of Ethics shall be notified in writing
of the disposition of the complaint, to the extent permitted by law.
7. All documents and hearings relating to the investigation and hearing of any
alleged violation of this Chapter shall be confidential and not available for public
inspection or open to the public, except as otherwise required by this Chapter or
by the Freedom of Information Law (Chapter 6 of the New York Public Officers
Law). All dispositions, including negotiated dispositions, in which the Board of
Ethics finds a violation shall be available for public inspection and copying.
8. Nothing in this section shall be construed to permit the Board of Ethics to conduct
an investigation of itself or of any of its members or staff. If the Board of Ethics
receives a complaint alleging that the Board of Ethics or any of its members or
staff has violated any provision of this Chapter, or of any other law, the Board of
Ethics shall promptly transmit a copy of the complaint to the Town Supervisor
and Town Attorney, and shall recuse itself from any further proceedings.
D. Penalties for offenses; referral for prosecution; sanctions.

1. Any reporting individual who knowingly and willfully fails to file an annual
statement of financial disclosure or who knowingly and willfully with intent to
deceive makes a false statement or gives information which such individual
knows to be false on such statement of financial disclosure filed pursuant to this
Chapter shall be assessed a civil penalty in an amount not to exceed $250 for the
first offense; an amount not to exceed $1,000 for the second offense; and an
amount not to exceed $2,500 for the third or more offense . Any person who
knowingly violates any other provision of Chapter 38, Chapter 38A and/or
Chapter 38C shall be assessed a civil penalty in an amount not to exceed $1,000.
Assessment of a civil penalty shall be made by the Board of Ethics with respect to
persons subject to its jurisdiction. The Board of Ethics, acting pursuant to the law,
may impose a civil penalty as aforesaid and said Board of Ethics may, in lieu of a
civil penalty, refer a violation to the appropriate prosecutor. Upon such
conviction, but only after such referral, such violation shall be punishable as a
Class A misdemeanor.

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2. A civil penalty for false filing may not be imposed hereunder in the event that a
category of value or amount reported upon as required by this chapter is incorrect
unless such report information is falsely understated. Notwithstanding any other
provision of law to the contrary, no other penalty, civil or criminal, may be
imposed for a failure to file or for a false filing of such statement of financial
disclosure, except that disciplinary action may be imposed as otherwise provided
by law.

3. The Board of Ethics shall be deemed to be an agency within the meaning of


Article 3 of the State Administrative Procedure Act and shall adopt rules
governing the conduct of adjudicatory proceedings and appeals relating to the
assessment of the civil penalties herein authorized. Such rules, which shall not be
subject to the approval requirements of the State Administrative Procedure Act,
shall provide for due process procedural mechanisms substantially similar to those
set forth in such Article 3, but such mechanisms need not be identical in terms of
scope.

4. Assessment of a civil penalty shall be final unless modified, suspended or vacated


within 30 days of imposition and, upon becoming final, shall be subject to review
at the instance of the affected reporting individual in proceeding against the Board
of Ethics pursuant to Article 78 of the Civil Practice Law and Rules.

§ 38B-4 Interpretation; conflicts of interest.

In determining the meaning of any term in this Chapter, each and every term shall be assigned its
plain meaning. Nothing in this Chapter shall be construed to permit any act which would
constitute an impermissible conflict of interest under § 801 of the General Municipal Law, or
absolve any person from full compliance with all applicable provisions of Chapter 18 of the
General Municipal Law. Nothing shall constitute a conflict of interest under this Chapter if it
falls within one of the enumerated exceptions set forth in § 802 of the General Municipal Law of
the State of New York.

§ 38B-5 Severability.
If any language, sentence or clause of this Chapter adopted thereunder shall be deemed invalid
and unenforceable by a court of competent jurisdiction, then that determination shall affect only
the language so deemed, and the balance of the language of this Chapter shall remain in full
force and effect.

Section 3.
This local law shall take effect upon filing with the Secretary of State.

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TOWN OF HEMPSTEAD
LOCAL LAW NO. OF 2018

A LOCAL LAW ESTABLISHING CHAPTER 38C OF THE


TOWN CODE ENTITLED “ANTI-NEPOTISM”

BE IT ENACTED by the Town Board of the Town of Hempstead, as follows:

Section 1. Legislative Intent.

The Town Board of the Town of Hempstead hereby finds that the enactment of this Chapter,
which is designed to address the employment, supervision, transfer or recommendation of
relatives by Town officers or employees, shall promote the public interest, avoid the possibility
of personal bias, and strengthen public confidence in the integrity of the Town government.

Section 2.

Chapter 38C of the Town Code is hereby established as follows:

Chapter 38C
Anti-Nepotism
§ 38C-1 Applicability.
The provisions of this Chapter apply to full-time, part-time and seasonal employees within the
Town of Hempstead.

§ 38C-2 Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:

BOARD
Any administrative board, commission, committee, agency or body of the
Town of Hempstead comprised of two or more officers or employees (e.g.,
Board of Appeals, Board of Ethics), excluding the Town Board.

ELECTED OFFICIAL
The Supervisor, Town Clerk, Tax Receiver and all members of the Town
Council.

OFFICER or EMPLOYEE
A paid or unpaid officer or employee of the Town of Hempstead, including
but not limited to Board members. "Officer or employee" shall not include
independent contractors engaged to provide services, goods or materials to
the Town.
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PERSON
Both individuals and entities.

RELATIVE
The spouse, domestic partner, child, stepchild, stepparent, parent,
grandparent, niece, nephew, aunt, uncle, first cousin, grandchild, brother, sister,
stepbrother or stepsister, adopted children or any person so related to an
employee's spouse or domestic partner.

§ 38C-3 Prohibited actions.


A. No person who is a relative of an elected official, as defined under this Chapter, shall be
hired or employed by the Town, subsequent to the enactment of this Chapter, except as required
by Civil Service Law and the rules promulgated thereunder.
B. No Town officer or employee, either individually or as a member of a Board, shall
participate in any decision to appoint, hire, promote, demote, discipline or discharge a Relative
working as an employee. If an employment or hiring matter arises relating to a Relative, then the
officer or employee must advise his or her supervisor of the relationship, and must be recused
from any and all discussions or decisions relating to the matter.
C. No officer or employee of the Town shall directly or indirectly supervise the work of any
Relative employed by the Town.
§ 38C-4 Disclosure of relationships.
A. Within 30 days of the adoption of this Chapter, every elected official, officer and
employee shall disclose, in writing, to the Town Clerk’s office any Relative currently employed
within any Town department, board, commission, committee or agency. In addition, every
elected official, officer or employee shall disclose to the Town Clerk’s office that another officer
or employee has become a Relative of such elected official, officer or employee (i.e. through
marriage, adoption) within 30 days of the officer or employee becoming a Relative.
B. Any person seeking employment with the Town shall sign a statement, in a form
approved by the Town Attorney, upon application for employment with the Town stating
whether or not such person is a Relative of any Town elected official, officer or employee, as
defined under this Chapter, and stating the name(s) of such officer(s) or employee(s), the
relationship and the department where the person is seeking a job, as well as the department for
which the Relative is currently working. Such statement shall be filed with the Department of
Human Resources prior to the Town Board considering such person for employment.
C. Any unmarried officer or employee who becomes involved in a romantic relationship
with another officer or employee, where one is in a supervisory role over the other, must disclose
the relationship in writing to the Department of Human Resources.

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D. The Department of Human Resources, in consultation with the Town Attorney's office,
shall review the disclosed relationships to determine compliance with § 38C-3 hereof.
§ 38C-5 Enforcement.
A. Pursuant to Chapter 38B, Subsection 2(C), the Board of Ethics shall receive complaints
alleging violations of this Chapter and shall have the power to conduct any investigation
necessary to carry out the provisions of this Chapter.
B. The Board of Ethics may access penalties pursuant to Chapter 38B, Subsection 2(D) for a
violation of any of the provisions of this Chapter.

§ 38C-6 Severability.
If any language, sentence or clause of this Chapter shall be deemed invalid and unenforceable by
a court of competent jurisdiction, then that determination shall affect only the language so
deemed, and the balance of the language of this Chapter shall remain in full force and effect.

Section 3.
This local law shall take effect upon filing with the Secretary of State.

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