[Adopted 8-22-2000 by L.L. No. 11-2000]
This article shall be known as "Establishing Complaint and Opinion Procedures
Regarding the Code of Ethics of the Town of Deerpark."
Any person may file a complaint alleging a violation of this Code by
writing to the Town Ethics Board c/o Town Hall or by requesting through the
Town Clerk's office to meet with the Town Board of Ethics at one of its
regularly scheduled meetings.
A.
Upon receipt of a sworn complaint by any person alleging
any violation of this act, or of any local ethics law, or upon determining
on its own initiative that a violation of this act or of any local ethics
act may exist, the Board of Ethics shall have the power and duty to conduct
any investigation necessary to carry out the provision of this act. The Board
of Ethics may administer oaths or affirmations, subpoena witnesses, compel
their attendance, and require the production of any books or records which
it may deem relevant and material.
B.
The accused shall be notified in writing regarding the
complaint and shall have the right to appeal before the Board of Ethics to
explain or defend his/her position regarding the complaint.
C.
The Board of Ethics is not permitted to conduct an investigation
of any of its members. Should the Board of Ethics receive notification alleging
that the Board or any of its members has violated any provision of this Code
or that of any county or state Ethics Board, the complaint shall be forwarded
to the county or state Ethics Board.
D.
The Board of Ethics shall state in writing the disposition
of every sworn complaint it receives and of every investigation it conducts
and shall set forth the reasons for the disposition. Upon the final disposition
of a complaint, all such statements and all sworn complaints shall be public
records and shall be indexed and maintained on file by the Board of Ethics.
Prior to final disposition, all complaints, statements or other evidence shall
remain confidential.
E.
Upon receipt of a complaint alleging a violation of this
article by an individual that is a member of an association or society that
maintains a grievance committee and has a grievance procedure in effect, the
Board of Ethics shall forward the said complaint to the said grievance committee
for an advisory opinion of any violation of the association or society Code
of Ethics. Upon receipt of the advisory opinion, the Board of Ethics shall
either adopt, reject or adopt in part, the advisory opinion of the association
or society and shall thereafter adopt its own decision.
F.
All decisions of the Board of Ethics shall be reviewable
by filing of a petition pursuant to Article 78 of the New York State Civil
Practice Laws and Rules in the Supreme Court of the State of New York.
In its discretion, and after a hearing, the Board of Ethics may recommend
appropriate disciplinary action to an authority, or person, or body authorized
by law to impose such sanctions. The Board of Ethics shall conduct and complete
the hearing with reasonable promptness, unless in its discretion, the Board
of Ethics refers the matter to the authority, or person, or body authorized
by law to impose disciplinary actions or to the appropriate prosecutor. If
such a referral is made the Board of Ethics may adjourn its hearing pending
determination by such authority, person, body or prosecutor.
A.
Upon written request of any board, department, or individual
Town officer, Town employee or any applicant, the Town Ethics Board may render
written advisory opinions with respect to the interpretation or application
of any provision of this Code in a generic sense.
B.
Opinions and requests for opinions shall be public records
and shall be indexed and maintained on file in an appropriate manner by the
Town Ethics Board along with all other Town Ethics Board records in the office
of the Town Clerk.
