Disclosures and Recusals Explained

The Ethics Board is responsible for review of Annual Disclosures filed by all employees and Transactional Disclosures which are filed throughout the year as needed. Following are some points to pay attention to:

Annual Disclosures: Every employee must file an Annual Disclosure. The requirement is communicated, along with necessary forms, through the Town Clerk's office early in the year. As submissions are received they are recorded, tallied and reviewed by the Ethics Board. 

Transactional Disclosures: Whenever a proposed Town action could result in benefit to an employee or a family member, that employee must file a Transactional Disclosure form. This filing is required even though the employee is not a direct participant in the Town action. Once filed, disclosures are available to the public and are included in relevant meeting minutes. Forms are to be submitted to the Town Clerk to keep on file.

Recusal or Not: While a Transactional Disclosure ordinarily results in recusal of the employee from the action, there are circumstances where recusal is not required. (Ethics Code 19-14 D). If the employee chooses not to recuse, his or her explanation must be included in the Transactional Disclosure record. 

Recusal: Recusal goes beyond any vote and requires abstention from deliberating, deciding or participation in the matter. The employee must remove him or herself from any relevant meeting where the matter is to be discussed. The employee cannot receive any further information about the matter.

Please share this information with the Boards and Committees where you have liaison responsibilities. If you, or any other Town employee, have any questions or concerns about any aspect of these requirements, the Ethics Board is available to discuss, review and/or offer formal opinions. Contact the Board through the Town's Legal Department at 716-741-8935. 

The Ethics Board 

Revised September, 2022