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 North Hempstead
 Code of Ordinances
 Chapter 16A. Ethics, Code of

  § 16A-7. Financial disclosure.  

Latest version.
  • The Town of North Hempstead has established an Annual Statement of Financial Disclosure Form.
    A. 
    Definitions. As used in this chapter, the following terms shall have the meanings indicated:
    ELECTED OFFICIAL
    An elected official of 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.
    LOCAL POLITICAL PARTY OFFICIAL
    The town chairman or leader of a town committee of a party as the term "party" is defined in § 1-104 of the Election Law. The term "chairman" or "leader" is intended to refer to the person who performs the functions and duties of the chief official of a party in the town, by whatever title designated, without regard to whether the chairman or leader receives compensation or expenses from the party.
    [Amended 12-21-1995 by L.L. No. 12, 1995]
    MINISTERIAL MATTER
    Any administrative act carried out in a prescribed manner not allowing for substantial personal discretion.
    OFFICER or EMPLOYEE
    (1) 
    Heads of departments, divisions, agencies, boards or commissions and their deputies and assistants.
    (2) 
    Those who hold policymaking positions as determined by the Town Board and set forth in a resolution of said Board, which shall be filed with the Board of Ethics on or about February 15 of each year.
    (3) 
    Those whose duties involve the negotiation, authorization or approval of those items as outlined in Subsection C(4) of this section.
    RELATIVE
    The spouse, 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.
    [Amended 3-22-2016 by L.L. No. 4-2016]
    REPORTING INDIVIDUAL
    The person required by this section 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.
    [Amended 3-22-2016 by L.L. No. 4-2016]
    TOWN
    The Town of North Hempstead.
    TOWN AGENCY
    The North Hempstead Housing Authority, the Town of North Hempstead Community Development Agency and the Town of North Hempstead Business and Tourism Development Corporation.
    TOWN BOARD
    The governing board of the Town of North Hempstead.
    TOWN COMMISSION
    The Town of North Hempstead Board of Zoning and Appeals, the Town of North Hempstead Historic Landmarks Preservation Commission, the Plumbing Board, the Electrical Board and any other board, commission, authority or like organization established by the Town to perform a governmental function that does not merely serve in an advisory capacity.
    UNEMANCIPATED CHILD
    Any son, daughter, stepson or stepdaughter under the age of 18, unmarried and living in the household of the reporting individual.
    B. 
    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.
    C. 
    The statement shall be completed and filed annually with the Town of North Hempstead Board of Ethics on or before May 15 by:
    (1) 
    Local elected officials.
    (2) 
    Department heads and their deputies and assistants.
    (3) 
    Policymakers.
    (4) 
    Officers and employees whose duties involve the negotiation, authorization or approval of:
    (a) 
    Contracts, leases, franchises, revocable consents, concessions, variances, special permits and licenses.
    (b) 
    The purchase, sale, rental or lease of real property, goods or services.
    (c) 
    The obtaining of grants of money or loans.
    (d) 
    The adoption or repeal of any rule or regulation having the force and effect of the law.
    (5) 
    Candidates for local elected office.
    (6) 
    Local political party officials.
    (7) 
    Members of commissions, boards and agencies of the Town as required by § 16A-7D(45).
    [Amended 3-22-2016 by L.L. No. 4-2016]
    (8) 
    Individuals who are party to a professional services contract with the Town, wherein the individual is responsible for directly advising the Town Board or a Town Commission, 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 or a Town Commission 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 violate an ethical responsibility or duty established under state or federal law pertaining to the individual.
    D. 
    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:
    [Amended 3-22-2016 by L.L. No. 4-2016]
    (1) 
    Supervisor.
    (2) 
    Deputy Supervisor.
    (3) 
    Executive Assistant to the Supervisor.
    (4) 
    Administrative Assistant to the Supervisor.
    (5) 
    Assistant to the Supervisor.
    (6) 
    Member of the Town Board.
    (7) 
    Assistant to the Town Board.
    (8) 
    Town Clerk.
    (9) 
    First Deputy Town Clerk.
    (10) 
    Deputy Town Clerk.
    (11) 
    Assistant Town Clerk.
    (12) 
    Receiver of Taxes.
    (13) 
    Chief Deputy Receiver of Taxes.
    (14) 
    Deputy Receiver of Taxes.
    (15) 
    Town Attorney.
    (16) 
    Chief Deputy Town Attorney.
    (17) 
    Senior Deputy Town Attorney.
    (18) 
    Deputy Town Attorney.
    (19) 
    Assistant Town Attorney.
    (20) 
    Commissioner of Human Resources.
    (21) 
    Deputy Commissioner of Human Resources.
    (22) 
    Comptroller.
    (23) 
    Chief Deputy Comptroller
    (24) 
    Deputy Comptroller.
    (25) 
    Commissioner of Planning and Environmental Conservation.
    (26) 
    Deputy Commissioner of Planning and Environmental Conservation.
    (27) 
    Commissioner of Building and Safety Enforcement.
    (28) 
    Deputy Commissioner of Building and Safety Enforcement.
    (29) 
    Commissioner of Public Works.
    (30) 
    Deputy Commissioner of Public Works.
    (31) 
    Superintendent of Highways.
    (32) 
    Deputy Superintendent of Highways.
    (33) 
    Commissioner of Solid Waste.
    (34) 
    Deputy Commissioner of Solid Waste.
    (35) 
    Commissioner of Community Services.
    (36) 
    Deputy Commissioner of Community Services.
    (37) 
    Superintendent of Highways.
    (38) 
    Director of Legislative Affairs.
    (39) 
    Commissioner of Parks and Recreation.
    (40) 
    Deputy Commissioner of Parks and Recreation.
    (41) 
    Commissioner of Public Safety.
    (42) 
    Deputy Commissioner of Public Safety.
    (43) 
    Commissioner of Services for the Aging.
    (44) 
    Deputy Commissioner of Services for the Aging.
    (45) 
    Chairperson, member or executive director, executive secretary or like employee of any Town agency or Town commission.
    E. 
    The Town Clerk shall maintain a copy of this Code of Ethics on file and shall make said copy available for public inspection during regular business hours.
    F. 
    A copy of the Code of Ethics shall be distributed to every officer and employee, whether paid or unpaid, of the town by the Supervisor.
    G. 
    The Board shall receive and review completed financial disclosure statements. In the event that the Board determines, after its review of a completed financial disclosure statement, that any item disclosed in the financial disclosure statement presents a potential conflict of interest prohibited by § 16A-2 of this chapter, the Board shall commence an investigation to determine whether an actual conflict of interest prohibited by this chapter exists, which investigation shall be conducted pursuant to procedures to be determined by the Board. If, after the completion of its investigation, the Board finds that an actual conflict of interest exits, the Board shall communicate the finding to the Town Supervisor, the Town Board and the Town Attorney within 10 days of the completion of the Board's investigation.
    [Amended 2-28-2017 by L.L. No. 1-2017]
    H. 
    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.
    I. 
    Both local political party officials and any person required to file a financial disclosure statement who commences employment or takes a position as a local political party official after May 15 of any year shall file such statement within 30 days after commencing employment or of taking the position of political party official, as the case may be. 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. 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.
    [Amended 2-28-2017 by L.L. No. 1-2017]
    J. 
    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 North 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.
    K. 
    A person who is subject to the filing of annual financial disclosure statements for more than one political subdivision within Nassau County may satisfy the requirements of this section by filing only one annual financial disclosure statement with the Town of North Hempstead Board of Ethics or Nassau County Board of Ethics or, if such political subdivision crosses one or more county boundary lines, then such single filing may be made for any of the counties in which one of such political subdivisions is located; provided, however, that the Town of North Hempstead Board of Ethics is notified of the name of the county of such compliance by the person who is subjected to the filing requirements of this section within the time limit for filing specified in this section.
    L. 
    Notwithstanding the provisions of Subsection C hereof, any person who is required to file an annual financial disclosure statement with the Board of Ethics for the 2008 reporting year shall be required to file such financial disclosure statement on or before June 15, 2009.
    [Added 4-28-2009 by L.L. No. 6-2009]
Added 3-22-2016 by L.L. No. 4-2016