[HISTORY: Adopted by the Town Board of the
Town of Clifton Park 8-21-1989 by L.L. No. 16-1989. This local law
also superseded former Ch. 17, Ethics, Code of, adopted 9-8-1970.
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Town of Clifton Park Disclosure and Ethics Law."
The purpose of this chapter is to establish
minimum standards of conduct for the Town of Clifton Park officials,
officers and employees and those who seek or obtain a direct or indirect
pecuniary or material benefit from the Town of Clifton Park to help
ensure that the business of Town government is free from improper
influence that may result from opportunities for private gain. At
the same time, it is recognized that public service cannot require
a complete divesting of all proprietary interest nor impose intrusive
disclosure requirements if the Town government is to attract and retain
competent administrators and employees. Although the assurance of
ethical conduct will continue to rest primarily upon the personal
integrity of the officials, officers and employees themselves and
upon the commitment of the elected and appointed members of Town government,
the establishment of the standards set forth in this chapter is an
additional step toward providing the highest caliber of public administration
for the Town of Clifton Park and increased confidence in Town government.
By requiring public disclosure of financial interests that may influence
or be perceived to influence the actions of Town government, this
chapter is intended to facilitate consideration of potential problems
before they arise, to minimize unwarranted suspicion and to enhance
the accountability of the Town government to the people.
When used in this chapter and unless otherwise
expressly stated, the following terms shall have the meanings indicated:
Having or providing any contract, service or
benefit to or for the Town.
Buying, selling, renting, leasing or otherwise
acquiring from or dispensing to the Town any goods, services or property.
Applying for, petitioning, requesting or obtaining
any approval, grant, license, permit or other privilege from the Town
government.
Knowledge or information imparted or made available to a
Town officer or employee while in the conduct of Town duties, which
knowledge or information is not generally public.
[Amended 12-1-2008 by L.L. No. 10-2008]
A spouse, child, brother, sister or dependent.
An action performed in a prescribed manner imposed by law
without the exercise of judgment or discretion as to the propriety
of the action.
The Chairman, Vice Chairman, Secretary or Treasurer or any
other elected or appointed office holder of a political party organization,
and shall not include committee members of either a political party
or a political organization who are not otherwise officers thereof.
Includes natural persons, corporations, partnerships, unincorporated
associations and all other entities.
A family member.
Any partnership or unincorporated association
of which the Town officer or employee is a member or employee or in
which he or she has a proprietary interest.
Any corporation of which the Town officer or
employee is an officer, director or employee or of which he or she
legally or beneficially owns or controls more than 5% of the outstanding
stock.
Any person from whom the Town officer or employee
or his or her spouse has received within the previous twelve-month
period a pecuniary or material benefit having an aggregate value greater
than $2,000 or to whom a Town officer or his or her spouse is indebted
to in an amount of $2,000 or greater.
[Amended 12-1-2008 by L.L. No. 10-2008]
To make a specific request of a person not otherwise disposed
to be a recipient of such request.
The Town of Clifton Park governmental and administrative
operations, including officials, officers and employees of the Town
of Clifton Park who act under the auspices of the Town of Clifton
Park or on its behalf.
The Clerk of the Town of Clifton Park pursuant to ยงย 30
of the New York State Town Law.
Any officer or employee of the Town including Town officials,
whether paid or unpaid. No person shall be deemed to be a "Town officer
or employee" solely by reason of being a volunteer fireman or civil
defense volunteer.
The Town Supervisor, County Supervisor, Deputy
Town Supervisor, Town Superintendent of Highways, Deputy Superintendent
of Highways, Town Clerk, Deputy Town Clerk, Collector and Assessor
of Taxes, Town Attorney and Deputy Town Attorneys.
[Amended 12-1-2008 by L.L. No. 10-2008]
Any person designated by New York State Town
Law or the Town Code of the Town of Clifton Park or by Town resolution
as the head of a department or bureau of the Town.
Any person who has the authority to approve,
authorize or audit any grant, permit, license, application or other
privilege or any purchase, sale, rental or lease of goods, services
or property on behalf of the Town.
Any elected or appointed member of the Town
Board, Planning Board, Zoning Board of Appeals, Environmental Conservation
Commission, Parks and Recreation Commission, Fire Appeals Board, Industrial
Development Agency and any other Town board, commission or committee
hereinafter created, the authority of which includes approval, authorization
or audit of any grant, application or other privilege or of any purchase,
sale, rental or lease of goods, services or property on behalf of
the Town, but "Town official" does not include a Judge, Justice, officer
or employee of the unified court system, or any member of an ad hoc
or temporary board, committee or body not set forth otherwise hereinabove
and which is designated by the Town Board to provide advisory services
to the Town.
Any person or entity that sells or provides to the Town any
property, goods or services, whether on a regular basis or pursuant
to periodic agreement, and does not include a Town Officer, Attorney
or Deputy Town Attorney, Deputy Town Clerk or other employee.
[Amended 12-1-2008 by L.L. No. 10-2008]
A.ย
No Town official, officer or employee shall:
[Amended 12-1-2008 by L.L. No. 10-2008]
(1)ย
Directly or indirectly, solicit any gift or accept or receive money or any gift or gifts having a cumulative value of $75 or more over the course of one year, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, in the performance of his official duties, including the offering or accepting of any financial transaction on terms not available to the general public, except professional fees or salaries for services rendered from any persons, other than a spouse, who, to the recipient's knowledge, is considering, has pending or within the previous 12 months has had any business dealings with the Town that requires any negotiation, approval, recommendation, authorization, audit or other action, other than administerial action, by the Town officer or employee, either individually or as a member of any board, commission, committee or department. For purposes of this Subsection A(1), a campaign contribution shall not be deemed a gift. Town officers and employees shall register with the Clerk's office each free meal or similar function provided to them under the circumstances described above.
[Amended 11-2-1998 by L.L. No. 7-1998]
(2)ย
Act as attorney, agent, broker, employee, consultant
or representative for any person in connection with any business dealing
that person has with the Town.
(3)ย
Appear as attorney, agent, broker, employee, consultant
or representative against the interest of the Town in any matter in
which the Town is a party.
(4)ย
Take or refrain from taking any action or agree to
take or refrain from taking any action or induce or attempt to induce
any other Town officer or employee to take or refrain from taking
any action on any matter before the Town in order to obtain a pecuniary
or material benefit for himself or herself or a related person.
(5)ย
Appear before the Town, except on behalf of the Town or on his or her own behalf. This Subsection A(5) shall not prohibit any Town officer or employee from appearing without compensation before any Town agency, board, committee, commission or department solely on behalf of his or her constituents or in connection with his or her official duties.
(6)ย
Solicit participation of any nonelected officer or
employee of the Town in an election campaign or solicit payment or
promise of payment of any assessment, subscription or contribution
to a political party, political party organization, or election campaign.
(7)ย
Solicit participation in an election campaign or solicit
payment or promise of payment of any assessment, subscription or contribution
to a political party, political party organization or election campaign
from any person who, to the knowledge of the Town officer or employee,
has or within the previous 12 months has had any business dealing
with the Town.
(8)ย
Hold any office in a political party or political
party organization. In addition, no person who holds any office in
a political party or political party organization shall be permitted
to serve as an appointed Town official. If an office in a political
party or political party organization was held by a person during
the past 24 months, then that person shall not be permitted to serve
as an appointed Town official. The foregoing prohibition shall not
affect any present Town officer, employee or official from continuing
in his or her present capacity as a Town officer, employee or official,
provided that said Town officer, employee or official does not hold
any office in a political party or political party organization as
of the effective date of this subsection.
[Amended 10-19-1992 by L.L. No. 7-1992]
(9)ย
Except as compelled by law, disclose any confidential
information acquired in the course of his or her official duties or
use any confidential information acquired in the course of his or
her official duties to advance the financial or other private interest
of himself or herself or any other person.
(10)ย
During his or her term of office or employment with the Town, solicit, negotiate for or accept any employment from which he or she would be disqualified under Subsection A(13) of this section.
(11)ย
Knowingly violate the Townโs policies and procedures
for procurement.
(13)ย
Further, no Town Board member shall:
(a)ย
Communicate with the Town or any board of the
Town on behalf of another person or entity, for compensation of any
type, for the twenty-four-month period after termination of his or
her term of office or employment.
(b)ย
For the sixty-month period after termination
of his or her term of office or employment with the Town, appear on
behalf of another person or entity before the Town, or any department
or board of the Town, in relation to any matter upon which he or she
personally and substantially took any such action, other than a ministerial
action, during his or her term of office or employment with the Town
or receive compensation for any services rendered on behalf of any
person other than the Town in relation to any matter upon which he
or she personally and substantially took any such action, other than
a ministerial action, during his or her term of office or employment
with the Town. Nothing in this chapter is intended to prevent former
board members from volunteering time or expertise to the Town, on
behalf of the Town.
(c)ย
Nepotism: The Immediate family members of Town
Board members shall not be employed by the Town in full-time, year-round
positions. For purposes of the section, "immediate family members"
shall include spouses, children, parents, brothers and sisters.
(14)ย
No Town Attorney or Deputy Town Attorney shall appear
before any board of the Town, as an attorney or consultant for another
person or entity besides himself or herself, for a period of 24 months
after the termination of his or her term of office or employment or
represent any party or entity besides himself or herself in an adversary
proceeding against the Town or any Town official or board of the Town
for a period of 24 months after the termination of his term of office
or employment with the Town.
B.ย
No partnership or unincorporated association or corporation
of which a Town official is a member, employee or agent or in which
he or she has a proprietary interest nor any corporation of which
he or she is an officer or director or of which he or she legally
or beneficially owns or controls more than 5% of the outstanding stock
shall appear before the Town on behalf of any person other than the
Town or itself.
C.ย
Nothing in this section shall be construed to prohibit
a Town officer or employee or any other person from receiving a Town
service or benefit or using a Town facility which is generally available
to residents or a class of residents in the Town.
D.ย
Nothing in this chapter shall be construed to prohibit
any public officer listed in ยงย 11 of the Domestic Relations
Law from accepting any gift or benefit having a value of $100 or less
for the solemnization of a marriage by that public officer at a place
other than the Town officer's normal place of business or at a time
other than the officer's normal hours of business.
E.ย
Nothing in this section shall be construed to prohibit
a Town officer or employee from performing any ministerial act.
F.ย
Any contract entered into by or with the Town, which
contract results in or from a violation of any provision of this chapter,
shall be null and void and unenforceable, unless the Town has obtained
a waiver of that provision from the State of New York.
G.ย
A person who knowingly violates any provision of this
section shall be guilty of a violation.
A.ย
Whenever a Town officer or employee is requested or
required to take any action on a matter before the Town and, to his
or her knowledge, the performance of that action would provide a pecuniary
or material benefit either to the Town officer or employee or to any
related person, the Town officer or employee shall not participate
in any manner whatsoever in that matter. The Town officer or employee
shall file promptly with his or her immediate superior, if any, and
with the Town Clerk a statement disclosing the nature and extent of
that interest and attesting to the accuracy of the statement.
[Amended 12-1-2008 by L.L. No. 10-2008]
B.ย
Nothing in this section shall be construed to prohibit a Town officer or employee from performing any ministerial act or to require a Town officer or employee to file a disclosure statement pursuant to Subsection A prior to performing any ministerial act.
C.ย
Nothing in this section shall be construed to prohibit a Town officer or employee from taking any action that would otherwise be prohibited by Subsection A if this action has general application to all residents or class of residents of the Town.
D.ย
Any person who knowingly violates this section shall
be guilty of a violation.
A.ย
All Town officials and each member of the Town Ethics
Board shall file with the Town Clerk a financial disclosure statement
within 30 days after taking office and no later than April 30 of each
year thereafter.
[Amended 12-28-1989 by L.L. No. 26-1989; 12-1-2008 by L.L. No. 10-2008]
B.ย
Matters to be disclosed by all Town officials on the
disclosure forms shall include:
(1)ย
The official's home address and the location of any
real property within the Town in which the Town official or spouse
has an ownership or other financial interest.
[Amended 12-1-2008 by L.L. No. 10-2008]
(2)ย
The name of any partnership, unincorporated association
or other unincorporated business of which the Town official or spouse
is an officer, employee or partner or in which the Town official or
spouse has a proprietary interest, and the spouse's position, if any,
with the partnership, association or business, if any such entity
has engaged within the past 12 months or which is anticipated to have
any business dealings with the Town.
(3)ย
The name of any corporation of which the Town official
or spouse is an officer, director or employee or of which he or she
or his or her spouse or of which the Town official or spouse legally
or beneficially owns or controls more than 5% of the outstanding stock,
and any such entity that he or she has engaged within the past 12
months or which he or she is anticipated to have any business dealings
with the Town, and the Town official's and spouse's position, if any,
with the corporation.
(4)ย
The name of any persons from whom the Town official
or his or her spouse has derived during the previous calendar year
and any income whereby such income was derived from business dealings
with the Town.
C.ย
A person who knowingly violates any provision of this
section shall be guilty of a violation.
Transactional disclosure statements filed pursuant to ยงย 17-5 and financial disclosure statements filed pursuant to ยงย 17-6 shall be public records and shall be indexed and maintained on file in an appropriate manner by the Town Clerk. The Town Clerk shall promptly transmit a copy of all statements to the Town's Ethics Board. The Town Clerk shall retain disclosure statements in his or her files for not less than seven years from the date of filing.
[Amended 12-28-1989 by L.L. No. 26-1989]
A.ย
On or before March 10 of each year, the Town Supervisor shall cause to be filed with the Town Clerk and with the Town Ethics Board a list of the names and offices or positions of all Town officials and notify all Town officials of the financial disclosure requirements of ยงย 17-6.
B.ย
On or before May 15 of each year, the Town Supervisor
shall verify that every Town official has filed his or her financial
disclosure statement.
A.ย
Information to be included.
(1)ย
Any person who submits to the Town a written application,
petition or other request or a written bid or submission or at the
time of retaining shall include therein at said time the following:
(a)ย
The name of any Town officer or employee to whom the
applicant has contributed at least $100 or more during the previous
60 months; and
(b)ย
The name of any Town officer or employee who, to the
applicant's knowledge, has an interest in the submission and is required,
either individually or as a member of any board, committee or department,
to negotiate, approve, recommend, authorize, audit or take any other
action, other than a ministerial act, on the submission.
(2)ย
The applicant also shall identify in the submission
the nature of the interest. This section shall apply only to those
applications which require approval by the Planning Board, Town Board
and/or Zoning Board of Appeals.
[Amended 8-3-1992 by L.L. No. 5-1992]
B.ย
For the purpose of this section, a Town officer or
employee shall be deemed to have an interest in the submission or
in the applicant when the Town officer or employee or his or her spouse:
(1)ย
Is the applicant.
(2)ย
Is a family member of the applicant.
(3)ย
Is an officer, director, partner, member or employee
of the applicant.
(4)ย
Legally or beneficially owns or controls more than
5% of the outstanding stock of the applicant.
(5)ย
Will receive, pursuant to an agreement between the
applicant and any person, a pecuniary or material benefit if the Town's
disposition of the submission is favorable to the applicant.
[Amended 12-1-2008 by L.L. No. 10-2008]
It shall be a violation of this chapter for
any Town official, employee or appointee covered by this chapter to
intentionally or knowingly:
A.ย
Debarment.
(1)ย
Any person convicted of a violation under this chapter
shall be prohibited, for a period of three years after the date of
the conviction, from entering into any contract with the Town.
(2)ย
Nothing in this section shall be construed to prohibit
any person from receiving a service or benefit or using a facility
which is generally available to the public.
(3)ย
A person who knowingly violates any provision of this
subsection shall be guilty of a violation.
B.ย
Additional penalties.
[Amended 12-1-2008 by L.L. No. 10-2008]
(1)ย
Any Town official, officer or employee who knowlingly
engages in any action that violates any provision of this chapter
may be warned or reprimanded or suspended or removed from office or
employment by the appointing person or body authorized by the Town
Board. A warning, reprimand, suspension or removal may be imposed
in addition to any other penalty contained in this chapter or in any
other provision of law. Any warning or reprimand shall be in writing
and shall become a permanent part of the violator's personnel file.
(2)ย
Any Town official, officer or employee who knowingly violates any provision of this chapter shall be liable in damages to the Town for any losses or increased costs incurred by the Town as a result of the violation. Such damages may be imposed in addition to any other penalty contained in this chapter [other than a civil forfeiture pursuant to Subsection B(3)] or in any other provision of law.
(3)ย
Any Town official, officer or employee who has knowingly or intentionally violated any provision of this chapter shall be subject to a civil forfeiture to the Town of a sum equal to three times the value of any financial benefit he or she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in this chapter [other than a civil fine pursuant to Subsection B(2) or damages pursuant to Subsection B(2) hereof] or in any other provision of law.
(4)ย
Any Town official, officer or employee found to have
willfully committed a material violation under this chapter or to
have committed a substantial violation after having been previously
disciplined for previous violation(s) shall forfeit his or her Town
office or employment in the manner provided by law.
[Added 12-1-2008 by L.L. No. 10-2008[1]]
All Town Board members, department heads, bureau directors, Town employees and all agents authorized to approve procurement under the Townโs procurement policy and procedures, as well as the members of the Planning Board and the Zoning Board of Appeals, shall complete a training seminar that shall be provided at the direction of the Town Board, in conjunction with the Town Ethics Board, and shall be designed to review the standards contained in this Chapter 17, the standards and requirements contained in General Municipal Law ยงย 801 et seq., as well as the Townโs procurement guidelines. Training seminars to be provided by qualified professionals proficient in municipal ethics and shall be designed to keep training recipients knowledgeable of current standards and issues in municipal ethics. Such training shall be made available each year and shall be provided so as to be reasonably available as required. The requirement may be fulfilled on a biannual basis by covered individuals. Scheduling and records documenting compliance with this section shall be performed and maintained by the Secretary to the Town Ethics Board. The Town Board may expand or adjust the categories of employees subject to the training requirements of this ยงย 17-12 by resolution, based on feedback from the program and from the Town Ethics Board.
A.ย
The Town Board herein establishes an Ethics Board
and shall on a year-to-year basis appropriate adequate funds for said
Board's operation.
B.ย
There shall be five members of the Ethics Board initially
serving three three-year terms and two two-year terms. Subsequently,
each member shall be appointed for a three-year term.
[Amended 5-16-1994 by L.L. No. 4-1994]
C.ย
The Ethics Board shall select its own Chairman for
a one-year term.
D.ย
Not more than three members of the Board shall be
members of the same political party.
E.ย
The Ethics Board members shall be appointed by unanimous
consent of the Town Board.
F.ย
Upon the establishment of the Town Ethics Board or,
thereafter, within 90 days after the expiration of a term or the occurrence
of a vacancy, the Town Board shall make the appointment or fill the
vacancy, as the case may be.
G.ย
In the event the Town Board is unable to fill vacancies
as set forth hereinabove, then, in such case, the County Board of
Ethics shall select the individuals to fill any vacancies.
H.ย
The Town Ethics Board shall have the following powers
and duties:
(1)ย
To prescribe and promulgate rules and regulations
governing its own internal organization and procedures in a manner
not inconsistent with this chapter.
(2)ย
To elect a Chairman and appoint such staff as is necessary
to carry out its duties under this chapter and to delegate authority
to the Chairman, if any, to act in the name of the Board between meetings
of the Board, provided that the delegation is in writing and the specific
powers to be delegated are enumerated, and further provided that the
Board shall not delegate the power to conduct hearings, determine
violations, recommend disciplinary action, impose any civil fine,
refer any matter to a prosecutor or render any advisory opinion. The
members of the Town Ethics Board shall meet the following qualification:
No officer or employee of the Town shall be eligible to serve as a
member. The members shall not hold office in any political party.
The members may contribute money to, but not otherwise participate
in, any election campaign.
[Amended 12-1-2008 by L.L. No. 10-2008[1]]
[1]
Editor's Note: Former Subsection H(3), concerning
filing with the State Ethics Commission, which immediately followed
this subsection, was repealed 12-1-2008 by L.L. No. 10-2008. This
local law also provided for the renumbering of former Subsection H(4)
through (9) as Subsection H(3) through (8), respectively.
(5)ย
To conduct hearings, recommend disciplinary action, assess penalties and initiate appropriate actions and proceedings pursuant to ยงย 17-16.
(7)ย
To provide training and education to Town officers
and employees on the provisions of the Town Ethics Law.
(8)ย
To prepare an annual report and recommend changes
to the Town Ethics Law.[2]
[2]
Editor's Note: Former Subsection I, concerning the Town Board prescribing additional powers and duties, which immediately followed this subsection, was repealed 12-1-2008 by L.L. No. 10-2008. This local law also provided for the redesignation of former Subsections J and K as Subsections I and J, respectively.
I.ย
The Ethics Board of the Town may act only with respect
to officers and employees of the Town and persons having business
dealings with the Town. The termination of a Town officer's or employee's
term of office or employment with the Town shall not affect the jurisdiction
of the Town Ethics Board with respect to the requirements imposed
by this chapter on the former Town officer or employee to the extent
permitted by law.
J.ย
The Town Ethics Board may refer any matter within
its jurisdiction to the County Ethics Board, or County District Attorney,
in its discretion.
[Amended 12-1-2008 by L.L. No. 10-2008]
A.ย
The Town Ethics Board shall review the lists of Town officials prepared pursuant to ยงย 17-8, hereinabove, to determine whether the lists are complete and accurate. The Board shall add to the list the name of any other Town officer or employee whom the Board determines to be a Town official pursuant to this chapter.
B.ย
The Town Ethics Board shall review all annual financial
disclosure statements to determine whether any person required to
file such a statement has failed to file it, has filed a deficient
statement or has filed a statement that reveals a possible violation
of this chapter.
C.ย
The Town Ethics Board shall promptly review every
transactional disclosure statement. If the Board determines that the
statement is deficient or reveals a possible violation of this chapter,
it shall notify the person, in writing, of the deficiency or possible
violation and of the penalties for failure to comply with this chapter.
A.ย
Upon receipt of a form duly sworn to by the person
requesting an investigation of an alleged violation of this chapter
or upon the Board determining on its own initiative that a violation
of this chapter may exist, the Ethics Board shall have the power and
duty to conduct any investigation necessary to carry out the provisions
of this chapter. In conducting any such investigation, the Board may
administer oaths or affirmations, subpoena witnesses and compel their
attendance and require the production of any books or records which
it may deem relevant and material. The form to be utilized in requesting
an investigation of an alleged violation of this chapter shall be
the form available in the office of the Town Clerk.
[Amended 10-25-1993 by L.L. No. 15-1993]
B.ย
Nothing in this section shall be construed to permit
the Town Ethics Board to conduct an investigation of any of its members.
C.ย
The Town Ethics Board shall state, in writing, its
disposition of every sworn complaint it receives and of every investigation
it conducts and shall set forth the reasons for the disposition. Any
findings of violations of this chapter or other applicable law shall
be public records and shall be indexed and maintained on file by the
Town Clerk.
[Amended 12-1-2008 by L.L. No. 10-2008]
D.ย
The Town Ethics Board shall refer to the Saratoga
County District Attorney's office sworn statements or complaints made
to it or any sworn testimony presented before it that, upon investigation,
is determined by the Town Ethics Board to be intentionally false.
The person offering the false statement shall be liable for civil
penalty to any persons harmed by the false statements.
A.ย
In its discretion and after a hearing held in accordance with Article 3 of the State Administrative Procedure Act and subject to ยงย 75 of the Civil Service Law and any collective bargaining agreement, to the extent applicable, the Town Ethics Board may recommend appropriate disciplinary action which may include a written warning, or reprimand, forfeiture of accrued leave with pay, required attendance at ethics training seminars conducted pursuant to ยงย 17-12, suspension or termination of employment, pursuant to ยงย 17-11B of this chapter, to the appointing authority or person or body authorized by law to impose such sanctions. The Ethics Board shall conduct and complete the hearing with reasonable promptness, and shall not act without notice and opportunity to be heard, and shall observe appropriate due process.
[Amended 12-1-2008 by L.L. No. 10-2008]
B.ย
In its discretion and after a hearing in accordance with Article 3 of the State Administrative Procedure Act, the Ethics Board, pursuant to ยงย 17-11B of this chapter, may assess a civil fine, not to exceed $500, upon the Town officer or employee found by the Board to have violated this chapter. The civil fine shall be payable to the Town.
C.ย
The Ethics Board, on behalf of the Town, may sue in
the Supreme Court of the State of New York for injunctive relief to
enjoin a violation or to compel compliance with the provisions of
this chapter.
[Amended 10-25-1993 by L.L. No. 15-1993; 12-1-2008 by L.L. No. 10-2008]
Upon the filing of a written request for an
advisory opinion of any board, commission, department or individual
Town officer or employee, the Town Ethics Board may render written
advisory opinions with respect to the interpretation or application
of this chapter. To prevent misuse of requests for advisory opinions,
each written request for an advisory opinion shall be signed and shall
not involve hypothetical situations, but shall detail specific conduct
with respect to specific employees and officers. The Ethics Board
reserves the right to reject a request for an advisory opinion for
failure to comply with this section or to request supplemental information.
The form to be utilized in requesting an advisory opinion from the
Ethics Board shall be the form available in the office of the Town
Clerk.
A.ย
The provisions of this chapter shall apply, notwithstanding
any inconsistent provision of any general, special or local law.
B.ย
No existing right or remedy shall be lost, impaired
or affected by reason of this chapter.
C.ย
Nothing in this chapter shall be deemed to bar or
prevent the timely filing by a present or former Town officer or employee
of any claim, account, demand or suit against the Town on behalf of
himself or herself or any member of his or her family arising out
of personal injury or property damage or for any lawful benefit authorized
or permitted by law.
Any amendment to this chapter shall be effective
only upon a minimum of four votes by the Town Board.