Town of Southeast, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southeast 5-9-2013 by L.L. No. 7-2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal of former Ch. 18, Ethics, Code of, adopted 9-8-1970, as amended.

§ 18-1 Policy and purpose.

A. 
It is the policy of the Town of Southeast that all officers and employees must avoid conflicts or potential conflicts of interest which shall exist whenever an officer or employee has an interest, direct or indirect, which conflicts with his or her duty to the Town or which could adversely affect an individual's judgment in the discharge of his or her responsibilities. The purposes of this chapter are:
(1) 
To establish high standards of ethical conduct for officers and employees of the Town;
(2) 
To afford 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) 
By requiring public disclosure of financial interests that may influence or be perceived to influence the actions of Town officers and employees, to facilitate consideration of potential ethical problems before they arise, and enhance the accountability of government to the people; and
(5) 
To provide for the fair and effective administrative of this Code of Ethics and Financial Disclosure Law.
B. 
Every officer or employee of the Town of Southeast shall be subject to and abide by the standards of conduct set forth in this chapter.

§ 18-2 Definitions.

Unless otherwise stated or unless the context otherwise requires, when used in this chapter, the following terms shall have the meanings indicated:
APPEAR and APPEAR BEFORE
Communicating in any form, including, without limitation, personally, through another person, by letter, by e-mail or other electronic means, or by telephone.
BOARD OF ETHICS
The Board of Ethics of the Town of Southeast established pursuant to § 18-12.
A. 
Any person to whom a Town officer or employee has supplied goods or services during the previous 12 months having, in the aggregate, a value greater than $5,000; or
B. 
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 $5,000, but only if the Town officer or employee knows or has reason to know the outside employer or business supplied the goods or services.
GIFT and FINANCIAL BENEFIT
Includes any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospitality, 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 permitted by law.
MEMBER OF THE HOUSEHOLD
Any person with whom a Town officer or employee lives as a single household unit.
MINISTERIAL ACT
An administrative act carried out in a prescribed manner not allowing for substantial personal discretion.
A. 
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;
B. 
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
C. 
Any entity in which the Town officer or employee has an ownership interest of 5% or more.
D. 
For purposes of this definition, "compensation" shall not include reimbursement for necessary expenses, including travel expenses.
PERSON
Includes individuals and entities.
RELATIVE
A spouse, ex-spouse, child, stepchild, sibling, half-brother, half-sister, parent, stepfather, stepmother, mother-in-law, father-in-law, brother-in-law, sister-in-law, partner, cohabitant, grandparent, grandchild, uncle, aunt, niece, nephew, and first cousin. "Relative" shall also include any person claimed as a dependent on the New York State individual tax return of a Town officer or employee.
TOWN
The Town of Southeast.
TOWN AGENCY
Any Town of Southeast department or division, board, commission or bureau of any Town of Southeast department, but shall not include the Town Court.
TOWN OFFICER OR EMPLOYEE
Any officer or employee of the Town, whether paid or unpaid, elected or appointed, hired or retained, and includes, without limitation, all members of any office, board, body, advisory board, council, commission, agency, department, district, administration, division, bureau, or Board of Ethics of the Town. "Town officer or employee" shall not include:
A. 
A volunteer firefighter or civil defense volunteer.

§ 18-3 Prohibitions.

A. 
A Town officer or employee shall not take or fail to take any action which he or she knows or has reason to know may result in a personal financial benefit for any of the following persons:
(1) 
The Town officer or employee;
(2) 
A member of his or her household;
(3) 
His or her outside employer or business;
(4) 
A relative; or
(5) 
A customer or client.
B. 
No Town officer or employee shall engage in a business or transaction or have an interest that is prohibited by Article 18 of the General Municipal Law of the State of New York, nor shall such person have an interest in any contract that is prohibited by Article 18 of the General Municipal Law of the State of New York.
C. 
No Town officer or employee shall, directly or indirectly, solicit any gift, or accept or receive any gift having a value of $75 or more from one person in any twelve-month period, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her or could reasonably be expected that the gift would influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part.
D. 
A Town officer or employee shall not represent any other person in any matter that person has before any Town agency.
E. 
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. 
No Town officer or employee shall disclose confidential information acquired by him or her in the course of official duties or use such information to further his or her personal interest or use, for profit of himself or herself or others, information about the property, affairs, finances or government of the Town that is not generally available to the public, exclusive of information available to the public under the Freedom of Information statutes.
G. 
A Town officer or employee shall not require or authorize anyone else to require any subordinate of the officer or employee or vendor to participate in an election campaign or contribute to a political party or campaign. No vendor shall participate in an election campaign or contribute to a political party, candidate, or campaign while a contractual obligation has been proposed or actually exists with the Town of Southeast. Any vendor who violates this provision is subject to the termination of the contract.
H. 
No person who has served as a municipal officer or employee of a Town agency shall, within a period of two years after the termination of such service or employment:
(1) 
Appear before any board or agency of Town of Southeast (except on his or her own behalf or on behalf of the Town); or
(2) 
Receive compensation for any services rendered on behalf of any person (other than for himself or herself), firm, corporation or association, or vendor in relation to any case, proceeding or application with respect to which such person was directly concerned or in which he or she personally participated during the period of his or her service of employment or which was under his or her active consideration.
I. 
No Town employee shall use or permit the use of Town property (including land, vehicles, equipment, materials and/or any other property) for personal convenience or profit, except when such use is available to Town citizens generally or is provided as a condition of Town employment or as a matter of Town policy.
J. 
No Town Board member, officer or employee shall use the seal or letterhead of the Town, or other identifying writings or marks, in any correspondence, electronic mail, or other writing except for official business of the Town. The Town does not authorize the use of its name, seal, or letterhead for any political, personal, or other use not related to official Town business. The Town Board shall designate the official letterhead of the Town at its organizational meeting. In order to avoid any confusion or misrepresentation, no Town officer or employee shall use any other letterhead for any purpose on behalf of the Town, whether paid for by the Town, an individual, or third party. No Town Board member, officer or employee shall use any Town property, computers, or phones for personal or political purposes.

§ 18-4 Exclusions from the Code of Ethics.

The provisions shall not prohibit:
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 accepted on behalf of the Town and transferred to the Town.
D. 
Gifts or benefits permitted in § 11 of the Domestic Relations Law of the State of New York for the solemnization of a marriage by a Town officer or employee.
E. 
An award to a Town officer or employee from a charitable organization, and complimentary attendance by the Town officer or employee and his or her relatives at an event or function at which the award is presented, provided that, if the charitable organization contracts with or otherwise applies for or receives funding from the Town, the amount or value of such award is $75 or less.
F. 
Representation of constituents by elected officials without compensation in matters of public advocacy.
G. 
Complimentary attendance by a Town officer or employee at a private organization's event or function, including a meal or meals furnished to all attendees, provided that:
(1) 
The Town officer or employee reasonably determines that his or her attendance at the event or function is necessary or desirable for the proper performance of his or her Town duties and responsibilities; and
(2) 
The cost of transportation to or from the event or function and/or the cost of any lodging in connection with the event or function, if provided by or on behalf of the private organization, shall not be exempt from the prohibitions of § 18-3.

§ 18-5 Inducement of violations of the Code of Ethics.

A Town officer or employee shall promptly report to the Board of Ethics any attempt by any other person to induce him or her to violate any of the provisions of this chapter, whether or not the other person is also a Town officer or employee.

§ 18-6 Interests in contracts with the 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. 
Disclosable interests.
(1) 
Any Town officer or employee who has, will have, or later acquires a personal financial benefit from any legislation before the Town of Southeast Town Board or any actual or proposed contract with the Town shall publicly disclose the nature and extent of such personal financial benefit. In the case of legislation, such disclosure shall be made to the Clerk of the Town, in writing, as well as (in the case of a Town Board member) publicly on the record of a legislative session, as soon as he or she has knowledge of such actual or prospective interest, and such disclosure shall be made part of and set forth in the official record of the proceedings of the Town Board. In the case of a contract, such disclosure shall be made in writing to or by the person executing the contract on behalf of the Town, by an addendum to the contract or other communication that shall be attached to the contract.
(2) 
Once disclosure has been made by an officer or employee with respect to an interest in a specific contract with a particular person, firm, corporation or association, each additional contract will need further disclosures by such officer or employee.
(3) 
Any Town officer or employee who takes an action which he or she knows or has reason to know may result in a personal financial benefit for a person from whom the Town officer or employee has received election campaign contributions of more than $75 in the aggregate during the past 12 months shall disclose that fact in writing at the time of taking the action. In the case of legislation or a Town contract, such disclosure shall be made in accordance with Subsection B(1).
(4) 
Every Town officer and employee shall also disclose publicly any conflict of interest as and to the extent required by § 803 of Article 18 of the General Municipal Law of the State of New York.
C. 
Violations. Any Town officer or employee who willfully and knowingly violates the provisions of this section shall be guilty of a Class A misdemeanor to the extent provided by § 805 of the General Municipal Law.

§ 18-7 Annual disclosure statements.

A. 
Officers and employees required to file. The Town Board shall determine annually, by resolution, no later than at its organizational meeting, which Town officers or employees shall be required to comply with the disclosure requirements herein, based upon a list or recommendation submitted by the Town Attorney/Counsel as to which Town officers and employees are subject to such requirements in accordance with the New York State Public Officers Law. The Town Attorney/Counsel shall submit the list for each year no later than December 1 of the preceding year.
B. 
Time and place for filing.
(1) 
Annual financial disclosure statements shall be completed and returned, in sealed envelopes, to the Board of Ethics on or before May 15 of each year.
(2) 
Any person who is required to file an annual statement of financial disclosure may request, prior to May 15 of the year for which the employment is in effect, an extension, for a specific period of time, of the time for filing responses to all or any part of the statement. Such request shall be made, in writing, to the Board of Ethics and shall substantiate justifiable cause or undue hardship or as otherwise required by law. The Board of Ethics may grant or deny the request, and extensions shall be for the specific period of additional time requested or as otherwise required by law.
(3) 
The Board of Ethics will review the contents of the envelope as to its completeness. All information enclosed will be subject to the Freedom of Information Law of the State of New York. All personal information will be redacted.
(4) 
The annual financial disclosure statement form shall be supplied by the Board of Ethics, by no later than January 15 of each year, to those persons who are required to file. It shall be substantially in the form approved by the Town Board and shall contain language advising those persons of their continuing duty to disclose known conflicts of interest.
(5) 
A failure to file an annual disclosure form, or a failure to disclose true and accurate information required thereby, shall be a violation of this chapter.
(6) 
Failure to disclose the information required by the disclosure statement with respect to a Town officer's or employee's spouse or dependent children shall not constitute a violation of Subsection B(4) if the officer or employee has made a good-faith effort to obtain the information and if he or she also sets forth those efforts in his or her disclosure statement.

§ 18-8 Void contracts.

Any contract willfully entered into by or with the Town in which there is an interest prohibited by Article 18 of the General Municipal Law or this chapter shall be null, void and wholly unenforceable; and a contract which involves a failure to make a disclosure required by this chapter shall be null, void and wholly unenforceable unless ratified by the Town Board after the requisite disclosure is made. All contracts entered into between the Town and any vendor or individual shall contain a provision acknowledging the parties have read, understood, and agree to be bound by the provisions of this chapter.

§ 18-9 Penalties for offenses.

A. 
Disciplinary action.
(1) 
Any Town officer or employee who fails to file a disclosure statement after notice has been given of the failure to file, or who files an incomplete or inaccurate disclosure statement after notice and an opportunity to complete or correct the filed statement, or who engages in any action that violates any provision of this chapter, may, upon written recommendation of the Board of Ethics, be warned or reprimanded or suspended or removed from office or employment, or be subject to any other sanction authorized by law or collective bargaining agreement, by the appointing authority or person or body authorized by law to impose such sanctions. A warning, reprimand, censure, suspension, removal, or other authorized sanction may be imposed in addition to any other penalty contained in this chapter or in any other provision of law. Such recommendation by the Board of Ethics shall be made to the Southeast Town Board only after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law and collective bargaining agreements.
(2) 
The Board shall conduct and complete the hearing within 120 days, unless the time period is waived by the parties involved in the hearing. In its discretion, the Board may refer the matter to the appropriate authority or person or body authorized by law to impose disciplinary action unless the Board refers the matter to the appropriate prosecutor. In such a referral, the Board may adjourn the matter pending determination by the authority, person, body, or prosecutor.
B. 
Civil penalty. Any Town officer or employee who violates any provision of this chapter may, upon recommendation by the Board of Ethics to the Southeast Town Board, be subject to a civil penalty of up to $1,000 for his or her failure to file a true, complete and accurate disclosure statement or up to $10,000 for any other violation. A civil penalty may be imposed in addition to any other penalty contained in any other provision of law or in this chapter. A civil penalty may not be imposed for a violation of § 18-3. Such recommendation by the Board of Ethics shall be made only after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law and collective bargaining agreements. The Board shall conduct and complete the hearing with reasonable promptness. The civil penalty shall be payable to the Town. In the event that the Town is required to institute legal proceedings to collect all or any part of a civil penalty imposed upon a person hereunder, the Town shall be entitled to recover from the person any and all associated costs incurred by the Town, if any, including legal fees, and interest upon any unpaid civil penalty calculated at the statutory rate.
C. 
Misdemeanor. A Town officer or employee who intentionally or knowingly violates any provision of this chapter shall be guilty of a Class A misdemeanor. The Board of Ethics shall refer any such matter to the District Attorney for further action. This subsection shall not apply to a violation of § 18-5.

§ 18-10 Injunctive relief.

Any resident, officer, or employee of the Town may initiate an action or special proceeding, as appropriate, in a court of appropriate jurisdiction for injunctive relief to enjoin an officer or employee of the Town from violating this chapter or to compel an officer or employee of the Town to comply with the provisions of this chapter. In lieu of, or in addition to, injunctive relief, the action or special proceeding, as appropriate, may seek a declaratory judgment.

§ 18-11 Maintenance of disclosure statements.

All annual financial disclosure statements required hereunder shall be filed with and retained by the Board of Ethics. Disclosure thereof shall be made only pursuant to law, and the Board of Ethics may adopt appropriate rules and regulations to enforce the various provisions of this chapter. The Board of Ethics shall destroy all disclosure forms submitted in accordance with this chapter pursuant to the Records Retention and Disposition Schedule as issued by the New York State Education Department.

§ 18-12 Board of Ethics: establishment; qualifications of members; appointment of members; term of office.

A. 
There is hereby established a Board of Ethics consisting of five members appointed by the Town Board, subject to confirmation by a simple majority of the Board.
B. 
The members of the Board of Ethics shall reside in the Town of Southeast.
C. 
No more than one member of the Board of Ethics may be an appointed officer or employee of the Town.
D. 
No Board of Ethics member shall hold office in a political party or be employed or act as a lobbyist or be a member of the Southeast Town Board.
E. 
The term of office of Board of Ethics members shall be three years and shall run from January 1 through December 31; except that of the members holding office on the effective date of this chapter, one member shall serve until December 31 of that year, two shall serve until the next December 31, and two shall serve until the third December 31.
F. 
A Board of Ethics member shall serve until his or her successor has been appointed; however, in no case shall consecutive service on the Board of Ethics exceed two full terms.
G. 
The members of the Board of Ethics shall not receive compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.

§ 18-13 Board of Ethics: vacancies.

When a vacancy occurs in the membership of the Board of Ethics, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as the original appointment. Any person appointed to fill a vacancy on the Board of Ethics shall meet the qualifications set forth in § 18-12.

§ 18-14 Board of Ethics: removal of members.

A Board of Ethics member may be removed from office in the same manner in which he or she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in § 18-12, chronic absenteeism, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter.

§ 18-15 Board of Ethics: meetings.

At its first meeting each year, the Board of Ethics shall elect a Chair from among its members. A majority of the Board shall be required for the Board to take any action. The Chair or a majority of the Board may call a meeting of the Board.

§ 18-16 Board of Ethics: jurisdiction, powers, and duties.

A. 
The Board of Ethics may only act with respect to officers and employees of the Town.
B. 
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 Board of Ethics with respect to the requirements imposed on him or her by this chapter.
C. 
Rules and regulations; powers and duties.
(1) 
The Board of Ethics shall adopt rules and regulations governing its own internal organization and procedures in a manner consistent with this chapter. Such rules and regulations shall guarantee due process and be consistent with all applicable state laws and be adopted after consultation with the Southeast Attorney/Counsel.
(2) 
The Board of Ethics shall have such other powers and duties as shall be provided by or pursuant to Article 18 of the General Municipal Law of the State of New York.
D. 
In cases where the Board of Ethics deems it necessary or appropriate, the Board may engage the services of outside counsel with the consent of the Town Board, which consent shall not be unreasonably withheld.

§ 18-17 Review of lists and disclosure statements.

A. 
The Board of Ethics shall review:
(1) 
The lists of officers and employees prepared pursuant to § 18-7 to determine whether the lists are complete and accurate. The Board shall recommend to the Town Board the addition or deletion of Town officers or employees in appropriate circumstances. All contracts entered into by the Town and any vendor or individual shall contain a provision acknowledging the parties have read, understood, and agreed to be bound by the provisions of this chapter.
(2) 
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 or potential violation of this chapter.

§ 18-18 Investigations.

A. 
Upon receipt of a signed written complaint by any person alleging a violation of this chapter, or upon determining on its own initiative that a violation of this chapter may exist, the Board of Ethics 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 of Ethics may administer oaths or affirmations, subpoena witnesses, compel their attendance, and require the production of any books or records that it may deem relevant and material.
B. 
The Board of Ethics shall state, in writing, the disposition of every complaint it receives and of every investigation it conducts and shall set forth the reasons for the disposition, to the complainant and the Town Board. All such statements and all complaints shall be indexed and maintained on file by the Board.
C. 
Every person filing a complaint with the Board of Ethics shall be notified in writing:
(1) 
Of the Board's receipt of the complaint, promptly after its receipt; and
(2) 
Of the disposition of the complaint, promptly after its disposition.
D. 
Nothing in this section shall be construed to permit the Board of Ethics to conduct an investigation of itself or of any of its members or staff. If the Board of Ethics receives a complaint alleging that the Board of Ethics or any of its members or staff has violated any provision of this chapter, or any other law, the Board of Ethics shall promptly transmit to the Town Board a copy of the complaint. The Town Board may enter into agreements with other municipalities in Putnam County to act in the place and stead of the Town Board or the Board of Ethics in such circumstances in accordance with the provisions of this chapter.
E. 
The Board of Ethics may refer to the appropriate prosecutor possible criminal violations of this chapter. Nothing contained in this chapter shall be construed to restrict the authority of any prosecutor to prosecute any violation of this chapter or of any other law.
F. 
Nothing in this section shall be construed to permit the Board of Ethics to take any action with respect to any alleged violation of this chapter, or of any other law, by the Board of Ethics or by any member or staff member thereof.

§ 18-19 Injunctive relief.

The Board of Ethics may refer any matter to the Town Attorney/Counsel for a determination whether to initiate an action or special proceeding, as appropriate, in a court of appropriate jurisdiction for injunctive relief to enjoin a violation of this chapter or to compel compliance with this chapter.

§ 18-20 Advisory opinions.

A. 
The Board of Ethics shall render advisory opinions to Town officers and employees with respect to the interpretation and application of this chapter or Article 18 of the General Municipal Law.
B. 
The Board of Ethics shall render any such advisory opinion upon a written request by a Town officer or employee. The request must relate to the Town officer or employee's official duties and responsibilities. The Board of Ethics shall acknowledge receipt of any such request within 30 days after receipt thereof and shall act upon such request within 60 days of receipt or may treat the request as a complaint governed by § 18-18.
C. 
Advisory opinions of the Board of Ethics, and the identity of the person requesting an advisory opinion, shall be confidential, and in no event shall an advisory opinion or the identity of the Town officer or employee be disclosed by the Board of Ethics. The person to whom an advisory opinion is rendered may make such disclosures with respect to the advisory opinion as he or she may wish.

§ 18-21 Training and education.

The Board of Ethics:
A. 
Shall make information concerning this chapter and Article 18 of the General Municipal Law available to the officers and employees of the Town, to the public, and to persons interested in doing business with the Town, and post it on the Town website.

§ 18-22 Annual reports; review of ethics laws.

A. 
The Board of Ethics shall, no later than March 15 each year, prepare and submit an annual report to the Town Supervisor and Town Board, summarizing the activities of the Board. The report may also recommend changes to the text or administration of this chapter.
B. 
The Board of Ethics shall periodically review this chapter and the Board's rules, regulations, and administrative procedures to determine whether they promote integrity, public confidence, and participation in Town government and whether they set forth clear and enforceable, common-sense standards of conduct and shall take or recommend action as appropriate.

§ 18-23 Public inspection of records; public access to meetings.

A. 
The Board of Ethics shall, in accordance with its published rules, make available for public inspection and copying all records, except that it may deny access to records or portions thereof that are not required to be disclosed under Article 6 of the Public Officers Law of the State of New York or by other state or federal law or regulation.
B. 
Every meeting or proceeding of the Board of Ethics shall be open to the public, except as provided by Article 7 of the Public Officers Law or by other state or federal law or regulation.

§ 18-24 Miscellaneous provisions.

A. 
No existing right or remedy shall be lost, impaired, or affected by reason of this chapter.
B. 
Nothing in this chapter shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Town, or any Town agency, on behalf of himself or herself or any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
C. 
If any provision of this chapter is held by a court of competent jurisdiction to be invalid, that decision shall not affect the validity and effectiveness of the remaining provisions of this chapter.

§ 18-25 Distribution and posting.

A. 
Within 90 days after the effective date of this chapter, and thereafter as appropriate, the Board of Ethics shall transmit to the Town Board of the Town of Southeast, in a form suitable for posting, copies of this chapter, together with a summary of those provisions of this chapter which the Board of Ethics deems appropriate. Within 10 days after receipt of those copies and summary, the Town Supervisor shall cause the copies and summary to be posted conspicuously in every public building under the jurisdiction of the Town and on the Town's website.
B. 
Within 90 days after the effective date of this chapter, and thereafter as appropriate, the Board of Ethics shall transmit to the Town Board of the Town of Southeast, in a form suitable for distribution to the officers and employees of the Town, copies of this chapter, together with a summary of those provisions of this chapter which the Board of Ethics deems appropriate. Within 10 days after receipt of those copies, the Town Supervisor shall cause the copies and summary to be distributed to every officer and employee of the Town and made readily available to the public. Every Town officer or employee elected or appointed thereafter shall be furnished a copy of this chapter and the summary within 10 days after entering upon the duties of his or her position.
C. 
Failure of the Town to comply with the provisions of this § 18-25 or failure of any Town officer or employee to receive a copy of the provisions of this chapter shall have no effect on the duty of compliance with this chapter or on the enforcement of its provisions.

§ 18-26 Town employees required to fill out a financial disclosure form.

Town Accountant/Controller
Town Architectural Review Board members (ARB)
Town Assessor
Town Attorney/Counsel
Town Board of Assessment Review members
Town Board members
Town Building Inspector
Town Clerk
Town Code Enforcement Officers
Town Ethics Board members
Town Industrial Development Agency members (IDA)
Town Justices
Town Planning Board members
Town Special Districts Coordinator
Town Superintendent of Highways
Town Supervisor
Town Tax Collector
Town Zoning Board of Appeals members (ZBA)

§ 18-27 Civil penalty.

A. 
Any Town officer or employee who violates any provision of this chapter may, upon recommendation by the Board of Ethics to the Town Board, be subject to a civil penalty of up to $1,000 for his or her failure to file a true, complete and accurate disclosure statement or up to $10,000 for any other violation. A civil penalty may be imposed in addition to any other penalty contained in any other provision of law or in this chapter. A civil penalty may not be imposed for a violation of § 18-3. Such recommendation by the Board of Ethics shall be made only after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law and collective bargaining agreements. The Board shall conduct and complete the hearing with reasonable promptness. The civil penalty shall be payable to the Town. In the event that the Town is required to institute legal proceedings to collect all or any part of a civil penalty imposed upon a person hereunder, the Town shall be entitled to recover from the person any and all associated costs incurred by the Town, if any, including legal fees, and interest upon any unpaid civil penalty calculated at the statutory rate.