Policy change is all relative Rotterdam looks to address nepotism and disclosure issues with a resolution to ethics code Times Union Copyright 2013 Times Union. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. By Paul Nelson Published 8:38 pm, Thursday, January 31, 2013
ROTTERDAM — At first blush, the unanimous passage of a resolution on Nov. 14 to hire Jamie L. Corbett as deputy receiver of taxes seems routine.
It wasn't until more than a month later that, Councilman Robert Godlewski said, he discovered through an inter-office memo that Corbett is the niece of Dawn Pasquariello, receiver of taxes.
Corbett's hiring came a month or so after Highway Superintendent James Longo's son, Christopher, started working part-time for the town but was racking up full-time hours, Godlewski said. Christopher Longo is no longer employed by Rotterdam.
"We're hiring a lot of relatives in Rotterdam," the councilman said. "Rotterdam has been notorious over the years for hiring family members."
The hiring process in Town Hall that frustrates Godlewski should become more transparent once Rotterdam officials resolve a proposed addition to the ethics code that addresses disclosure issues and nepotism, the practice of showing favoritism to family members in hiring. The changes would require elected officials and supervisors to reveal if they are related to or living with a prospective employee. Current workers would have 60 days to notify Deputy Supervisor Wayne Calder, who serves as the human resources coordinator, of any family member who works for Rotterdam.
The resolution states that anyone who fails to alert the town of any "family or cohabitant" relationship could be fired or become ineligible for hiring. Rotterdam adopted its ethics law in 2001.
While municipalities in the Capital Region may have ethics laws that address potential conflicts of interest, most do not go as far as Rotterdam's law does when it comes to nepotism.
Steven Leventhal, a Long Island ethics attorney who leads training sessions on the issue for local governments, said New York's general municipal law does not bar nepotism. He said nepotism provisions are more common in communities that have recently retooled their ethics policies to reflect contemporary social realities.
"The more modern code of ethics tends to address the issue because there are more women in the workplace and you have two breadwinners in the household that may have the same interest and contacts and wind up working for the same government agency," Leventhal said. "A provision on nepotism is a good thing to have on the books. I wouldn't prohibit it. I would regulate it to avoid any conflicts of interest."
He said even extended relatives working together could be problematic.
"Depending on the facts, there could be the potential for the conflict of interest," Leventhal said.
While Godlewski acknowledged that Pasquariello has the right to appoint whom she wants because Rotterdam's deputy receiver of taxes is not a civil service job, the Democratic councilman said the governing body should be able to determine the salary of a municipal employee. Godlewski also expressed concern about the practice of not posting municipal jobs because it reduces the chances of getting the most qualified candidate.
Supervisor Harry Buffardi, a Democrat who took office in January 2012, said the proposal must be reviewed by the five-member nonpartisan ethics board and adopted by the Town Board.
That policy aims to get rid of conflicts of interest, a city attorney said.
"We looked at the (city of) Albany law and it seemed to be a progressive way of dealing with this," Buffardi said. "Rotterdam is a small town, and not unlike any other towns, there are familial relationships. We just don't want a conflict with those relationships."
Local laws in Schenectady prohibit an employee from being involved in any decision to appoint, promote or discipline a relative. Staffers are banned from supervising family members. The five-member city ethics board reviews financial disclosure records annually and ethical questions as needed, Schenectady City Clerk Chuck Thorne said.
Albany, Schenectady and Rensselaer counties all have ethics rules to guard against nepotism. Troy spokesman Michael Fraser said civil service rules guide hiring in the Collar City.
Bethlehem learned the hard way that it's a good idea to have ethics codes on hiring relatives.
In 2011, Gregg Sagendorph Jr., son of Highway Superintendent Gregg Sagendorph Sr., earned about $100,000 annually, including overtime, as a foreman in the department headed by his father.
Supervisor John Clarkson said he was surprised to learn when he took office in January 2012 that the town did not have an ethics policy. Five months later, Bethlehem's ethics code took effect.
"The presumption is that if you're supervising a relative, as hard as you might try, it's difficult not to have some bias," Richardson said. "It's a very good preventative rule-setting device and helps preserve public confidence in the integrity of government."
Buffardi acknowledged that Godlewski pushed for review of the proposed revision to the law.
There were no comments from any residents during a Jan. 23 public hearing on the changes. A second hearing may be held if the ethics board makes changes to the resolution, Buffardi said.
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
[HISTORY: Adopted by the Town Board of the Town of Rotterdam 12-19-2001 by L.L. No. 19-2001; amended in its entirety 4-10-2002 by L.L. No. 5-2002. Subsequent amendments noted where applicable.] GENERAL REFERENCES Defense of employees — See Ch. 22. Officers and employees — See Ch. 47. § 31-1. Repeal of existing Town ethics laws. The local law of the Town of Rotterdam is hereby amended by deleting and repealing the Code of Ethics adopted June 17, 1970 as Local Law No. 6 of the 1970, Code of the Town of Rotterdam and by adding hereto a new local law to replace the local law hereinabove repealed, to be "Local Law No. 19 of the Year 2001, Town of Rotterdam Code of Ethics and Disclosure Law." § 31-2. Title. This chapter, shall be known and may be cited as the "Code of Ethics and Disclosure Law of the Town of Rotterdam." § 31-3. Purpose; interpretation. A. The purposes of this chapter are: (1) To establish high standards of ethical conduct for officers and employees, whether elected or appointed, paid or unpaid, of the Town; (2) To afford such officers and employees of the Town clear guidance on such standards; (3) To promote public confidence in the integrity of the governance and administration of the Town and its agencies and administrative offices; (4) To require public disclosure of financial interests that may influence or be perceived to influence the actions of Town officers and employees; (5) To facilitate consideration of potential ethical problems before they arise, minimize unwarranted suspicion, and enhance the accountability of government to the people; (6) To insure that Town officers and employees, whether elected or appointed, paid or unpaid, be independent, impartial and free from conflicts of interest in fulfilling their public responsibilities; (7) To provide for the fair and effective administration of this chapter. B. This Code of Ethics represents a balancing of the need for eliminating real conflicts of interest with the recognition that membership in voluntary organizations devoted to public service is a laudable endeavor which should not be discouraged. C. This chapter is enacted pursuant to § 806 of the General Municipal Law of the State of New York and § 10 of the Municipal Home Rule Law and is not intended to authorize any conduct prohibited by Article 18 of the General Municipal Law. This chapter also supplements other provisions of law regulating ethics in local government, such as § 107 of the Civil Service Law of the State of New York. D. This chapter shall be given its broadest possible interpretation under law, so as to implement its stated purpose. § 31-4. Definitions. [Amended 3-26-2003 by L.L. No. 6-2003; 4-27-2005 by L.L. No. 8-2005] Unless otherwise stated or unless the context otherwise requires, when used in this chapter, the following terms shall have the following meaning: ADVISORY BOARD Any board, committee, task force, study group, or similar entity which is created by the Town Board or Town Supervisor and which is authorized to make recommendations to Town officials but has no authority to implement its recommendations, act on behalf of the Town, or restrict the authority of the Town to act. Advisory boards do not include any entity consisting solely of governmental officials acting in their official capacity or any entity established pursuant to state law. Advisory board members who do not otherwise hold a position of employment or office with the Town shall not be considered Town officers or employees. APPEAR AND APPEAR BEFORE Communicating in any form, including, without limitation, personally, through another person, by letter, facsimile, electronic mail or by telephone. CONFIDENTIAL INFORMATION Any data acquired through the course of employment or public office which the Town has protected from disclosure by law that is not protected from disclosure by law but poses or may pose a conflict of interest. CONFLICT OF INTEREST Any action or omission which is in conflict or gives or may reasonably give the appearance of conflict with the performance of official Town business or government. CORPORATION An artificial person or being, endowed by law with the capacity of perpetual succession, and shall include corporations organized as public, private, charitable, civil, domestic, foreign, close, open, municipal and not-for-profit institutions. CUSTOMER OR CLIENT Any person to whom a Town officer or employee has supplied goods or services during the previous 24 months having, in the aggregate, a value greater than $1,000 or any person to whom a Town officer's or employee's outside employer or business has supplied goods or services during the previous 24 months having, in the aggregate, a value greater than $1,000, but only if the officer or employee knows or has reason to know the outside employer or business supplied the goods or services. EMPLOYEE Includes all persons, other than seasonal employees, who are not officials but whose salaries are paid in whole or part by the Town of Rotterdam. ETHICS BOARD The Ethics Board of the Town established pursuant to § 31-18 of this chapter. GIFT AND FINANCIAL BENEFIT Shall include any money, service, license, permit, contract, authorization loan, travel, entertainment, hospitality, privilege, exemption or any promise thereof, or any other gratuity or promise thereof, or anything of value. A financial transaction may be a financial benefit but shall not be a gift unless it is on terms not available to the general public. "Gift" and "financial benefit" do not include campaign contributions authorized by law. INTEREST A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purpose of this chapter, a municipal officer or employee shall be deemed to have an interest in the contract of: A. His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves; B. A firm, partnership or association of which such officer or employee is a member or employee; C. A corporation of which such officer or employee is an officer, director or employee; and D. A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee. MINISTERIAL ACT An action performed in a prescribed manner without the exercise of judgment or discretion as to the propriety of the act. OUTSIDE EMPLOYER OR BUSINESS A. Means: (1) Any activity, other than service to the Town, from which the Town officer or employee receives compensation for services rendered or goods sold or produced; (2) Any entity, other than the Town, of which the Town officer or employee is a member, officer, director, or employee and from which he or she receives compensation for services rendered or goods sold or produced; or (3) Any entity in which the Town officer or employee has an ownership interest, except a corporation of which the Town officer or employee owns less than 5% of the outstanding stock. B. For purposes of this definition, "compensation" shall not include reimbursement for necessary expenses, including travel expenses. PERSON Both individuals and entities. PROFESSIONAL LICENSE A privilege granted by the State of New York to conduct an occupation or trade. PUBLIC BENEFIT CORPORATION A corporation organized to construct or operate a public improvement that is located partially or totally in New York State and the profits from this corporation benefit New York State or other states or the people of New York State. RELATIVE A spouse, child, stepchild, brother, sister, or parent of the Town officer or employee, or a person claimed as a dependent on the Town officer's or employee's latest individual state income tax return, or the spouse of any such person. SEASONAL EMPLOYEE Any employee holding a position with the Town of Rotterdam which is performed for a period of time shorter than a full year, and said position may recur in each successive year. SPOUSE The husband or wife of the reporting individual, unless living separate and apart from the reporting individual with the intention of terminating the marriage or providing for permanent separation or unless separated pursuant to: A. A judicial order, decree or a judgment of separation; or B. A legally binding separation. TOWN The Town of Rotterdam, but shall not include the Town Court. TOWN AGENCY Any office, board, body, advisory board, council, commission, agency, department, district, administration, division, bureau, unit or committee of the Town other than the Town Court. TOWN OFFICER OR EMPLOYEE OR OFFICIAL Any officer or employee of the Town, whether elected or appointed, paid or unpaid, including all members of any office, board, body, council, commission, agency, department, district, administration, division, bureau, unit or committee. Any member of a public benefit corporation whose members are appointed by the Town Supervisor or Town Board shall be deemed a Town officer or employee or official for purposes of Chapter 31 only. "Town officer or employee or official" shall not include: A. A judge, justice, officer, or employee of the Unified Court System; or B. Members of advisory boards as defined by this chapter, or C. Any attorney licensed to practice in the State of New York, and who provides legal services to the Town, shall have his or her conduct governed by the Professional Code of Responsibility and regulated by the Appellate Division of the New York State Supreme Court; provided, however, that any attorney providing legal services to the Town shall file a financial disclosure with the Town, in the same manner as set forth in this chapter. § 31-5. General prohibition. A. Disclosure of interests. A municipal official or employee or officer who participates in discussions or gives official opinions on any matters before the Rotterdam Town Board, an official board, agency, officer or employee or officer shall publicly disclose in the official record the nature and extent of any direct or indirect financial or other interest he or any member of his family has in such matters, unless he or she refrains from voting upon or otherwise participating in the matter. B. Gifts. Except as set forth in § 31-8, a Town officer or employee shall not solicit anything of value from any person who has received or sought a financial benefit from the Town, nor accept anything of value from any person who the Town officer or employee knows or should reasonably have known received or sought a financial benefit from the Town within the previous 24 months. The purpose of this provision is to avoid circumstances where it could reasonably be inferred that the gift was intended to influence such Town officer or employee, or could reasonably be expected to influence such Town officer or employee in the performance of his or her official duties, or was intended as a reward for any official action taken by such Town officer or employee. C. Use of Town property. With the exception of vehicle use by members of the Rotterdam Police Department, no Town officer or employee shall use or permit the use of Town property (including land, vehicles, equipment, materials and any other property) for personal convenience or profit, except when such use is available to Town citizens generally or is provided on the same terms and conditions as a matter of written Town policy. D. Representation. A Town officer or employee shall not represent any other person in any matter that person has before the Town nor represent any other person in any matter against the interests of the Town. E. Appearances. A Town officer or employee shall not appear before any agency of the Town, except on his or her own behalf or on behalf of the Town. F. Confidential information. Town officers and employees and former Town officers and employees shall not disclose any confidential information or use it to further anyone's personal interests. G. Revolving door. A Town officer or employee who is required to file an annual disclosure statement pursuant to § 31-12 shall not appear or practice before the particular Town agency in which the Town officer or employee served or by which he or she was employed, except on his or her own behalf, or receive compensation for working on any matter before the particular Town agency in which the Town officer or employee served or by which he or she was employed, for a period of one year after the termination of his or her Town service or employment; however, the bar shall be permanent for any Town offer or employee as to particular matters on which the Town officer or employee personally worked while in Town service that are still pending after the termination of his or her Town service or employment. H. Avoidance of conflicts. Town officers and employees shall not knowingly acquire, solicit, negotiate for, or accept any interest, employment, or other thing of value which would put them in violation of this Code of Ethics. I. Conflict with other codes of conduct. (1) Recognizing the need for professional integrity and the fact that various professional associations have adopted standards of conduct for their members, the Town hereby requires that each Town officer or employee who is affected by a professional Code of Ethics be bound, in addition to the within chapter, by his/her respective code of ethics. Any conflict between the provisions of this chapter and a given professional code of conduct of a Town officer or employee is to be resolved by the Ethics Board. However, the Ethics Board must at all times give the greatest latitude to said individual's professional code of conduct and, whenever possible, reconcile this to complement and respect the individual's professional code of conduct. (2) Substantial consideration shall be given to the effect that deviation from an individual's professional code of conduct will have on that individual's ability to practice his/her profession. If need be, the Ethics Board is authorized and required to obtain advisory opinions from the appropriate professional association to clarify any given situation. § 31-6. Specific Town officers and employees. A. Specific officers and employees. (1) Professionally licensed. All Town officers and employees with professional licenses are prohibited from knowingly exercising discretion in any matter of Town interest which shall involve any person, firm or corporation which is a client of his/hers or a client of his/her firm or has been a client within the immediate past one year and shall not knowingly have any interest in or accept compensation, direct or indirect, from any person, firm or corporation which has an interest in matters coming before any Town agency or before any public benefit corporation whose members are appointed by the Supervisor or the Town Board. (2) Authorized to conduct inspections and issue permits. All Town officers and employees with the authority to conduct inspections or issue permit approvals shall not engage in a business or have a financial interest in any firm engaged in a business within the Town where said business conducts, as a regular and significant part of its business, matters requiring such inspections or such permits. (3) Office of the Assessor. Neither the Assessor nor any employee in such department shall engage in the real estate, construction, building contracting or building materials business or have financial interest in firms engaging in such business within the Town of Rotterdam during the course of his or her employment by the Town. B. The foregoing Town officers and employees are listed due to the unique nature of their offices and positions which, in turn, raise ethical conflicts unique to those offices and positions. This list is not to be deemed all-inclusive. Every Town officer and employee shall endeavor to pursue a course of conduct consistent with the spirit of this chapter as well as the actual provisions and strive to act so as not to raise suspicion among the public that he/she is likely to be engaged in activities that are in violation of his/her trust. § 31-7. Transactional disclosure. A. Whenever a Town officer or employee is required to recuse himself or herself pursuant to § 31-5 of this chapter, he or she shall: (1) Immediately refrain from participating further in the matter; (2) Promptly inform his or her superior, if any; and (3) Promptly file with the Town Clerk a signed statement disclosing the nature and extent of the prohibited action or, if a member of a board, shall state that information upon the public record of the board. B. A Town officer or employee shall not be required to file a disclosure statement pursuant to this section if he or she, with respect to the same matter, has filed with the Town Clerk a disclosure statement complying with requirements of § 31-10 of this chapter. § 31-8. Exclusions from Code of Ethics and from transactional disclosure. The provisions of §§ 31-5 and 31-7 of this chapter shall not prohibit, or require recusal or transactional disclosure as a result of: A. An action specifically authorized by statute, rule, or regulation of the State of New York or of the United States; B. A ministerial act; C. Gifts: (1) Received by the Town officer or employee from his or her relative; (2) Having an aggregate value of $75 or less during any twelve-month period; (3) Accepted on behalf of the Town and transferred to the Town; D. Gifts or benefits having a value of $75 or less that are received by a Town officer or employee listed in § 11-c of the Domestic Relations Law of the State of New York for the solemnization of a marriage by that 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; E. Awards from charitable organizations; or F. Receipt of Town services or benefits, or use of Town facilities, that are generally available on the same terms and conditions to residents or a class of residents in the Town. § 31-9. Inducement of violations of Code of Ethics. No person, whether or not a Town officer or employee, shall induce or attempt to induce a Town officer or employee to violate any of the provisions of § 31-5 of this chapter. § 31-10. Interests in contracts with Town. A. Prohibited interests. No Town officer or employee shall have an interest in a contract with the Town, or an interest in a bank or trust company, that is prohibited by § 801 of the General Municipal Law of the State of New York. Any contract willfully entered into by or with the Town in which there is an interest prohibited by that section shall be null, void, and wholly unenforceable, to the extent provided by § 804 of that law. B. Discloseable interests. Any Town officer or employee who has, will have, or later acquires an interest in any actual or proposed contract with the Town shall disclose in writing the nature and extent of that interest in accordance with § 803 of the General Municipal Law and promptly file such written disclosure with the Town Clerk. The Town Clerk shall cause a copy of that disclosure to be filed promptly with the Ethics Board. C. Violations. Any Town officer or employee who willfully and knowingly violates the provisions of this section shall be guilty of a misdemeanor, to the extent provided by § 805 of the General Municipal Law. § 31-11. Appearances by outside employers and businesses of Town officers and employees. A. Except as provided in Subsection C of this section, the outside employer or business of a Town officer or employee shall not appear before the particular agency in which the Town officer or employee serves or by which he or she is employed. B. Except as provided in Subsection C of this section, the outside employer or business of a Town officer or employee shall not appear before any other Town agency if the Town officer or employee has the authority to appoint any officer, employee, or member of the agency or to review, approve, audit, or authorize any budget, bill, payment, or claim of the agency, or if there exists any likelihood that such Town officer or employee may derive, directly or indirectly, a financial benefit as a result thereof. C. Nothing in this section shall be construed to prohibit the outside employer or business of a Town officer or employee from: (1) Appearing on its own behalf, or on behalf of the Town, before a Town agency; (2) Seeking or obtaining a ministerial act; or (3) Receiving a Town service or benefit, or using a Town facility, which is generally available to the public on the same terms and conditions. § 31-12. Procedures. [Amended 3-26-2003 by L.L. No. 6-2003] A. Financial disclosure statement. (1) Town officers and employees holding job titles or positions designated by the Town Board shall file with the Ethics Board a financial disclosure statement in a form determined by the Town Board by January 31 of each year. (2) Compliance with this section shall be voluntary for Town officers and employees whose job titles or positions are covered by a collective bargaining agreement. B. Long-form ethics certification statement.[Amended 10-13-2004 by L.L. No. 14-2004] (1) Members of advisory boards designated by the Town Board or Ethics Board shall file with the Ethics Board a long-form ethics certification statement. An advisory board member shall file a long-form ethics certification statement within 14 days after the date of the first advisory board meeting subsequent to that member's appointment to the advisory board. (2) The form of the long-form ethics certification statement shall be:
This is nothing new for Rottendam residents, it's NOT nepotism, it's "Deliverance".
however.....FDG and RG had no problem with this when they were the cowboys in town!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
enuf about the past.....that's what's wrong with this town.......blind mind set.....move ahead.....see the future......with less of this and more of that.....
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