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Local Law No. 1 - 2012
This local law shall be known as the “Update to the Town’s Ethics Law” law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
Periodically the Town Board reviews its laws regarding the ethical standards expected of Town
employees and makes appropriate adjustments. This law accomplishes a variety of goals.
It adds titles to the list of employees in “sensitive positions” which previously were not on that
list. These titles include the Counsel to the Board of Appeals, the Counsel to the Planning
Board, the Deputy Receiver of Taxes, the Environmental Coordinator, the members of the Board
of Ethics and the Receiver of Taxes.
The current ethics law makes a violation of the law a criminal offense. Since any major violation
of the ethics law would also violate the New York State Penal Law, the Town Board determines
that duplication of criminality to be unnecessary.
Finally, this amendment adds a new section to the law designed to regulate, through
procedures contained in the Town’s Administrative Manual, employees who may do “outside”
work for the Town (e.g., an employee being paid to do electrical work at a Town-owned
building).
Section 2 – Amendment of a current section of the Mamaroneck Code:
The definition of SENSITIVE POSITION contained in section17-4 of the Code of the Town of
Mamaroneck hereby is repealed and the following substituted in its place:
SENSITIVE POSITION
The following positions entail potential conflicts of interest and are deemed to be
sensitive positions:
(1) Alternate member of the
(a) Board of Appeals
(b) Board of Architectural Review,
(c) Board of Assessment Review and
(d) Planning Board
(2) Ambulance District Director
(3) Assessor
(4) Assistant Building Inspector
(5) Assistant to the Town Administrator
(6) Building Inspector
(7) Comptroller
(8) Consulting Engineer
(9) Counsel to the
(a) Board of Appeals
(b) Planning Board
(c) Town
(10) Deputy Comptroller
(11) Deputy Fire Chief
(12) Deputy Receiver of Taxes
(13) Deputy Supervisor
(14) Deputy Town Clerk
(15) Director of Building Code Enforcement and Land Use Administration
(16) Director of Public Housing, Public Housing Administrator
(17) Environmental Coordinator
(18) Fire Chief
(19) Fire Inspector
(20) General Foreman
(21) Member of the
(a) Board of Appeals
(b) Board of Architectural Review
(c) Board of Assessment Review
(d) Board of Ethics
(e) Planning Board
(f) Town Board
(22) Police Chief
(23) Real Property Appraiser
(24) Receiver of Taxes
(25) Senior Engineering Aide
(26) Superintendent of Highways
(27) Superintendent of Recreation
(28) Supervisor
(29) Town Administrator
(30) Town Clerk
(31) Town Engineer
(32) Town Justice
(33) Town Prosecutor
Section 3 – Amendment of a current section of the Mamaroneck Code:
Section17-5 I. of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
I. Violations. (a) A charge for violating a provision of this article shall be brought by the
Town Administrator. If the charge is against the Town Administrator, such charge shall be
brought by the Supervisor.
(b) For employees entitled to be disciplined pursuant to the New York Civil Service Law, a
charge for violating a provision of this article shall be adjudicated in accordance with the New
York Civil Service Law. All other such charges shall be heard by a person appointed by the
Town Board who shall report his/her findings to the Town Board.
(c) If the person conducting the hearing finds that the person charged violated a provision of
this article, that person shall recommend a form of punishment which may be (i) a reprimand,
(ii) a fine not to exceed $100, (iii) suspension, without pay for a period not to exceed two
months, (iv) demotion in grade and title or (v) dismissal from service. Based upon the record
developed at the hearing, the Town Board may accept, reject or modify the hearing officer’s
findings of fact and conclusion as to whether the person charged violated a provision of this
article. If the Town Board finds that the person charged did violate a provision of this article,
it either (i) shall impose the punishment recommended by the hearing officer or (ii) shall
impose one of the other possible disciplines listed above.
Section 4 – Addition of a paragraph to a current section of the Mamaroneck Code:
Section17-5 A. of the Code of the Town of Mamaroneck hereby is amended to add the following:
(4) Notwithstanding any other provision of this article, (a) an employee may be compensated
by the Town for services which the employee performs for the Town and (b) a business, by
which the employee is employed or in which the employee or his/her spouse, parent or child
has an interest, may be compensated by the Town for services which such business performs
for the Town; provided that such employee or business follows the protocols contained in the
Town’s Administrative Manual promulgated by the Town Administrator. For the purpose of
the preceding sentence, the term “Town” includes the Town’s Departments, Boards,
Commissions Authorities and Agencies.
Section 5 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 6 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.