[HISTORY: Adopted by the Town Board of the Town of Montgomery 2-15-2007 by L.L. No.
1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 42.
Planning Board and Zoning Board of Appeals — See Ch. 45.
[1]
Editor's Note: This local law superseded former Ch. 25, Code
of Ethics, adopted 7-9-1970.
The purpose of this chapter is to create the Town of Montgomery
Ethics and Disclosure Law in compliance with Article 18 of the New
York State General Municipal Law (the "Ethics Law"). The citizenry
of the Town of Montgomery are entitled to the expectation of exemplary
ethical behavior from their officers, employees and appointed officials,
and this chapter is intended to create the minimum standards which
constitute that behavior. This chapter recognizes that varying degrees
of professional and governmental responsibility warrant equitable
requirements of disclosure in pursuit of official integrity, which
must be balanced against individual constitutional rights. Any particulars
not determined in this chapter shall be construed within the provisions
of General Municipal Law Article 18.
A.
A Town officer or employee shall not use his or her official position
or office, or take or fail to take any action, in a manner 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)
His or her outside employer or business;
(3)
A member of his or her household;
(4)
A customer or client;
(5)
A relative, including a parent or sibling; or
(6)
A person from whom the officer or employee has received election
campaign contributions of more than $200 in the aggregate during the
past 12 months.
B.
Recusal. A Town officer or employee shall promptly recuse himself or herself from formally and informally acting on a matter before the Town when acting on the matter, or failing to act on the matter, may financially benefit any of the persons listed in Subsection A of this section. For clarity, "informally acting" may include lobbying other Town officials on behalf of a project.
C.
Gifts. A Town officer or employee shall not solicit anything of value
from any person who has received or sought a financial benefit from
the Town nor accept anything of value from any person whom the Town
officer or employee knows or has reason to know has received or sought
a financial benefit from the Town within the previous 24 months.
D.
Representation. A Town officer or employee shall not represent any
other person in any matter that person has before the Town nor represent
any other person in any matter against the interests of the Town.
E.
Appearances. 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.
Confidential information. Town officers and employees and former
Town officers and employees shall not disclose any confidential information
or use it to further anyone's personal interests.
G.
Political solicitation. A Town officer or employee shall not knowingly
request or knowingly authorize anyone else to request any subordinate
of the officer or employee to participate in an election campaign
or contribute to a political committee or election campaign. In the
case of elected officials, all employees and officers of the Town
are to be considered subordinates. Non-incumbent candidates for elected
Town office are also subject to the provisions of this section.
H.
Revolving door. A Town officer or employee shall not appear or practice
before the Town except on his or her own behalf, or receive compensation
for working on any matter before the Town for a period of one year
after the termination of his or her Town service or employment where
special advantages by virtue of the prior relationship may be realized;
however, the bar shall be permanent as to particular matters on which
the Town officer or employee personally worked while in Town service.
I.
Avoidance of conflicts. Town officers and employees shall not knowingly
acquire, solicit, negotiate for, or accept any interest, employment,
or other thing of value, which would put them in violation of this
Code of Ethics.
J.
Inducement of others. A Town officer or employee shall not induce
or aid another officer or employee of the Town to violate any of the
provisions of this Code of Ethics.
K.
"Two-hats" provisions. No Town official, who is in a position of decisionmaking authority as identified below, may also act as the chairperson or vice-chairperson for a Town or local (county) political committee or subcommittee while serving the Town. This provision does not apply to employees in general but does apply to officials identified in § 25-9A.
A.
Whenever a Town officer or employee is required to recuse himself or herself under the Code of Ethics set forth in § 25-2, he or she:
(1)
Shall immediately refrain from participating further in the matter;
(2)
Shall promptly inform his or her superior, if any; and
(3)
Shall promptly file with the Town Clerk a signed statement disclosing
the nature and extent of the prohibited action or, if a member of
a board, shall state that information upon the public record of the
Board.
The provisions of §§ 25-2 and 25-3 of this chapter shall not prohibit, or require recusal or transactional disclosure as a result of:
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.
D.
Gifts or benefits having a value of $50 or less that are received
by a Town officer or employee listed in § 11 of the Domestic
Relations Law of the State of New York for the solemnization of a
marriage by that officer or employee at a place other than his or
her normal public place of business or at a time other than his or
her normal hours of business.
E.
Awards from charitable organizations.
F.
Receipt of Town services or benefits, or use of Town facilities that
are generally available on the same terms and conditions to residents
or a class of residents in the Town.
G.
Representation of constituents by elected officials without compensation
in matters of public advocacy.
H.
Town officers or employees appearing or practicing before the Town
or receiving compensation for working on a matter before the Town
after termination of their Town service or employment where they performed
only ministerial acts while working for 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. Any Town officer or employee who has, will
have, or later acquires an interest in any actual or proposed contract
with the Town shall publicly disclose the nature and extent of that
interest in accordance with § 803 of the General Municipal
Law. The Clerk of the governing body of the Town shall cause a copy
of that disclosure to be filed promptly with the Ethics Board.
C.
Violations. Any Town officer or employee who willfully and knowingly
violates the provisions of this section shall be guilty of a misdemeanor,
to the extent provided by § 805 of the General Municipal
Law.
Unless otherwise stated or unless the context otherwise requires,
when used in this chapter, the following terms shall have the meanings
indicated:
Communicating in any form, including, without limitation,
personally, through another person, by letter, e-mail, or by telephone.
Any person to whom a Town officer or employee has supplied goods
or services during the previous 24 months having, in the aggregate,
a value greater than $500.
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 $500 but only
if the officer or employee knows or has reason to know the outside
employer or business supplied the goods or services.
The Ethics Board of the Town of Montgomery established pursuant to § 25-18 of this chapter.
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 authorized by law.
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
Means:
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;
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
Any entity in which the Town officer or employee has an ownership
interest, except a corporation of which the Town officer or employee
owns less than 5% of the outstanding stock.
For purposes of this definition, "compensation" shall not include
reimbursement for necessary expenses, including travel expenses.
Includes both individuals and entities.
A household spouse, child, step-child, parent of the Town
officer or employee, or a person claimed as a dependent on the Town
officer's or employee's latest individual state income tax return.
Another Town officer or employee over whose activities he
or she has direction, supervision or control, except those who serve
in positions that are in the exempt classification under § 41
of the Civil Service Law of the State of New York or in the unclassified
service under Subdivisions (a) through (f) of § 35 of that
law.
The Town of Montgomery, but shall not include the Town Court.
Any officer or employee of the Town of Montgomery, whether paid or unpaid, and includes all individuals identified in § 25-9A of this chapter.
A.
Except as provided in Subsection C of this section, the outside employer or business of a Town officer or employee shall not appear before the particular agency in which the Town officer or employee serves or by which he or she is employed.
B.
Except as provided in Subsection C of this section, the outside employer or business of a Town officer or employee shall not appear before any other Town agency if the Town officer or employee has the authority to appoint any officer, employee, or member of the agency or to review, approve, audit, or authorize any budget, bill, payment, or law of the agency.
C.
Nothing in this section shall be construed to prohibit the outside
employer or business of a Town officer or employee from:
A.
Officers and employees required to file. Officers and employees holding
the following job titles or positions shall be required to file a
signed annual disclosure statement per the sample form in Appendix
A:[1]
(1)
Elected officials. Officers and employees who hold policymaking positions,
including members of municipal boards, such as the Planning and Zoning
Boards. The specific individuals who are required to file are the
Town Supervisor, members of the Town Board, Town Clerk, Receiver of
Taxes, Code Enforcement Officer, Highway Superintendent, Assessor,
Planning Board members, Zoning Board members, Board of Assessment
Review members, Industrial Development Agency members, Attorney for
the Town, Town Engineer, consulting engineers for the above-named
boards and attorneys for any and/or all boards, commissions or councils
for the Town, and Building Inspector.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Time and place for filing. Annual disclosure statements shall be
filed with the Ethics Board:
C.
Contents of annual disclosure statement. The annual disclosure statement
shall disclose:
D.
Good faith efforts. Failure to disclose the information required by Subsection C of this section with respect to a Town officer's or employee's spouse or other relative shall not constitute a violation of that subsection 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.
A.
Where a person requests the Town or a Town officer or employee to take or refrain from taking any action (other than a ministerial act) that may result in a financial benefit both to the requestor and to either any officer or employee of the Town or one of the other persons listed in § 25-2A of this chapter, the requestor shall disclose the names of any such persons, to the extent known to the requestor at the time of the request.
B.
If the request is made in writing, the disclosure shall accompany
the request. If the request is oral and made at a meeting of a public
body, the disclosure shall be set forth in the public record of the
body. If the request is oral and not made at a meeting of a public
body, the disclosure shall be set forth in a writing filed with the
Town Clerk.
A.
Disclosure. Every application, petition, or request submitted for
a variance, amendment, change of zoning, approval of a plat, exemption
from a plat or Official Map, license, or permit, pursuant to the provisions
of any ordinance, local law, rule, or regulation constituting the
zoning and planning regulations of the Town, shall state the information
required, to the extent required, by § 809 of the General
Municipal Law of the State of New York.
B.
Violations. Any person who willfully and knowingly violates the provisions
of this section shall be guilty of a misdemeanor, to the extent provided
by § 809 of the General Municipal Law.
Any contract or agreement entered into by or with the Town which results in or from a violation of any provision of § 25-2, 25-3 or 25-8 of this chapter shall be void unless ratified by the governing body of the Town. Such ratification shall not affect the imposition of any criminal or civil penalties pursuant to this chapter or any other provision of law.
A.
Disciplinary action. Any Town officer or employee who engages in
any action that violates any provision of this chapter may 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,
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.
B.
Civil fine. Any Town officer or employee who violates any provision of this chapter may be subject to a civil fine of up to $1,500 for each violation. A civil fine may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to Subsection D of this section. A civil fine may not be imposed for a violation of § 25-6 of this chapter.
C.
Damages. Any person, whether or not a Town officer or employee, who violates any provision of this chapter shall be liable in damages to the Town as a result of the violation. Such damages may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to Subsection D of this section.
D.
Civil forfeiture. Any person, whether or not a Town officer or employee, who intentionally or knowingly violates any provision of this chapter may 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 any other provision of law or in this chapter, other than a civil fine pursuant to Subsection B or damages pursuant to Subsection C of this section. Civil forfeiture shall not be available for a violation of § 25-6 of this chapter.
E.
Misdemeanor. Any person, whether or not a Town officer or employee, who intentionally or knowingly violates any provision of this chapter shall be guilty of a Class A misdemeanor and, upon conviction thereof, if a Town officer or employee, shall forfeit his or her Town office or employment. This subsection shall not apply to a violation of § 25-6 of this chapter.
A.
Any person, whether or not a Town officer or employee, who intentionally or knowingly violates any provision of this chapter shall be prohibited from entering into any contract with the Town for a period not to exceed three years, as provided in § 25-21E of this chapter. Debarment may not be imposed for a violation of § 25-6 of this chapter.
B.
No person, whether or not a Town officer or employee, shall enter into a contract in violation of a bar imposed pursuant to Subsection A of this section.
C.
Nothing in this section shall be construed to prohibit any person
from receiving a service or benefit, or from using a facility, which
is generally available to the public.
D.
Under this section, a corporation, partnership, or other entity shall
not be held vicariously liable for the actions of an employee. A corporation,
partnership, or other entity shall not be debarred because of the
actions of an employee unless the employee acted in the execution
of company policy or custom. A store, region, division, or other unit
of an entity shall not be debarred because of the actions of an employee
of that unit unless the employee acted at the direction, or with the
actual knowledge or approval, of the manager of the unit.
A.
Any resident, officer, or employee of the Town may initiate an action
or special proceeding, as appropriate, in the 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.
B.
No action or special proceeding shall be prosecuted or maintained pursuant to Subsection A of this section, unless:
(1)
The plaintiff or petitioner shall have filed with the Ethics Board
a sworn complaint alleging the violation by the officer or employee;
(2)
It shall appear by and as an allegation in the complaint or petition
filed with the court that at least six months have elapsed since the
filing of the complaint with the Ethics Board and that the Ethics
Board has failed to file a determination in the matter; and
(3)
The action or special proceeding shall be commenced within 10 months
after the alleged violation occurred.
Within 90 days after the effective date of this chapter, and
during the month of March each year thereafter, the Town Supervisor
of the Town shall:
A.
Cause to be filed with the Ethics Board a list of the names and offices or positions of all Town officers and employees required to file annual disclosure statements pursuant to § 25-9 of this chapter; and
B.
Notify all such officers and employees of their obligation to file
an annual disclosure statement.
A.
Establishment; qualifications of members; appointment of members;
terms of office.
(1)
There is hereby established an Ethics Board consisting of five members.
(2)
No member of the Ethics Board may be an appointed or elected officer
or employee of the Town. Of the total membership of the Board, no
more than two shall be registered in the same political party.
(3)
No Ethics Board member shall hold office in a political party or
be employed or act as a lobbyist or hold elective office in the Town.
An Ethics Board member may make campaign contributions but may not
participate in any election campaign. [Comment: The prohibition against
an elected official of the Town from serving on the Ethics Board is
contrary to § 808(3) of Article 18 of the General Municipal
Law but authorized, under Home Municipal Rule, by rulings from the
New York Attorney General's Office (86-44 and 91-68).]
(4)
Within 60 days after the effective date of this chapter, and no later
than December 31 each year thereafter, the Town Supervisor, with the
advice and consent of the Town Board, shall appoint the members of
the Ethics Board.
(5)
The term of office of Ethics Board members shall be three years and
shall run from January 1 through December 31, except that of the members
first appointed one member shall serve until December 31 of the year
in which the Board is established, two shall serve until the second
December 31, and two shall serve until the third December 31.
(6)
An Ethics Board member shall serve until his or her successor has
been appointed. Consecutive service on the Ethics Board shall not
exceed two full terms.
(7)
The members of the Ethics Board shall not receive compensation but
shall be reimbursed for reasonable expenses incurred in the performance
of their official duties.
B.
Vacancies. When a vacancy occurs in the membership of the Ethics Board, 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 Ethics Board shall meet the qualifications set forth in Subsection A of this section.
C.
Removal of members. An Ethics Board 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 Subsection A of this section, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter.
D.
Meetings. At its first meeting each year, the Ethics Board 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.
E.
Jurisdiction, powers, and duties.
(1)
The Ethics Board may only act with respect to officers and employees
of the Town of Montgomery.
(2)
The termination of a municipal officer's employee's term of office
or employment with the Town shall not affect the jurisdiction of the
Ethics Board with respect to the requirements imposed on him or her
by this chapter.
(3)
The Ethics Board shall have the following powers and duties:
(a)
To prescribe and promulgate rules and regulations governing
its own internal organization and procedures in a manner consistent
with this chapter;
(b)
To appoint hearing officers, an executive director, if necessary, and such other staff as are necessary to carry out its duties under this chapter, and to delegate authority to the executive director, 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 determine violations, recommend disciplinary action, impose any civil fine, refer any matter to a prosecutor, or render any advisory opinion. An executive director shall meet the qualifications of an Ethics Board member as specified in Subsection A of this section;
(e)
To conduct hearings, recommend disciplinary action, assess penalties, make referrals, and initiate appropriate actions and proceedings pursuant to § 25-21;
(l)
To require that all employees and officials sign an annual form
that they have read and are familiar with the requirements of this
ethics law.
(4)
The Town Attorney and/or his deputy shall serve as counsel to the
Ethics Board.
A.
The Ethics Board shall review:
B.
If the Board determines that an annual disclosure statement or a
transactional disclosure statement is deficient or reveals a possible
or potential violation of this chapter, the Board shall notify the
person in writing of the deficiency or possible or potential violation
and of the penalties for failure to comply with this chapter.
A.
Upon receipt of a 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 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 Ethics Board 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 Ethics Board 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. All such statements
and all sworn complaints shall be indexed and maintained on file by
the Board.
C.
Any person filing a written complaint with the Ethics Board shall
be notified in writing of the disposition of the complaint. If any
official or employee was the subject of the written complaint, that
official or employee shall also be informed in writing of the disposition
of the complaint.
D.
Nothing in this section shall be construed to permit the Ethics Board
to conduct an investigation of itself or of any of its members or
staff. If the Ethics Board receives a complaint alleging that the
Board or any of its members or staff has violated any provision of
this chapter, or any other law, the Board shall promptly transmit
to the Montgomery Town Board a copy of the complaint.
A.
Disciplinary action. In its discretion, after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law and collective bargaining agreements, the Ethics Board may recommend appropriate disciplinary action pursuant to § 25-13A of this chapter. The recommendation of the Ethics Board shall be made to the appointing authority or person or body authorized by law to impose such sanctions. The Board shall conduct and complete the hearing with reasonable promptness, unless in its discretion the Board refers the matter to the authority or person or body authorized by law to impose disciplinary action or unless the Board refers the matter to the appropriate prosecutor. If such a referral is made, the Board may adjourn the matter pending determination by the authority, person, body, or prosecutor.
B.
Civil fine. In its discretion and after a hearing providing for due process procedural mechanisms, the Ethics Board, pursuant to § 25-13B of this chapter, may assess a civil fine, not to exceed $1,500 for each violation, upon any municipal officer or employee found by the Ethics Board to have violated this chapter. The Board shall conduct and complete the hearing with reasonable promptness. The civil fine shall be payable to the Town.
C.
Damages. The Montgomery Town Board may initiate an action in the court of appropriate jurisdiction to obtain damages, as provided in § 25-13C of this chapter.
D.
Civil forfeiture. The Montgomery Town Board or the Ethics Board on behalf of the Montgomery Town Board may initiate an action or special proceeding, as appropriate, in the court of appropriate jurisdiction to obtain civil forfeiture, as provided in § 25-13D of this chapter.
E.
Debarment. The Montgomery Town Board or the Ethics Board on behalf of the Montgomery Town Board may initiate an action or special proceeding as appropriate in the court of appropriate jurisdiction for an order of debarment as provided in § 25-14 of this chapter.
F.
Injunctive relief. The Montgomery Town Board or the Ethics Board on behalf of the Montgomery Town Board may initiate an action or special proceeding, as appropriate, in the court of appropriate jurisdiction for injunctive relief to enjoin a violation of this chapter or to compel compliance with this chapter, as provided in § 25-15 of this chapter.
G.
Prosecutions. The Ethics Board 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.
H.
Limit on Board. Nothing in this section shall be construed to permit
the Ethics Board to take any action with respect to any alleged violation
of this chapter, or of any other law, by the Ethics Board or by any
member or staff member thereof.
A.
Upon written application and upon a showing of compelling need by the applicant, the Ethics Board may in exceptional circumstances grant the applicant a waiver of any of the provisions of § 25-2A through I, 25-A(1), 25-8, 25-9 or 25-10, of this chapter; provided, however, that no such waiver shall permit conduct otherwise prohibited by Article 18 of the General Municipal Law of the State of New York. All such waivers must be made in open session of the Ethics Board after appropriate publication of the open session in the Town's official newspaper.
B.
Waivers shall be in writing and shall state the ground upon which
they are granted. Within 10 days after granting a waiver, the Ethics
Board shall publish a notice setting forth the name of the person
requesting the waiver and a general description of the nature of the
waiver in the official newspaper designated by the Town for the publication
of local laws, notices, and other matters required by law to be published.
All applications, decisions, and other records and proceedings relating
to waivers shall be indexed and maintained on file by the Ethics Board.
A.
Upon the written request of any Town officer or employee, the Ethics
Board may render a written advisory opinion with respect to the interpretation
or application of this chapter or of Article 18 of the General Municipal
Law of the State of New York. Any other person may similarly request
an advisory opinion but only with respect to whether his or her own
action might violate a provision of this chapter or Article 18.
B.
Advisory opinions and requests for advisory opinions shall be indexed
and maintained on file by the Ethics Board.
C.
Any person aggrieved by an advisory opinion of the Ethics Board may
seek judicial review and relief pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York.
D.
Any person who has submitted to the Ethics Board a written request
for an advisory opinion may bring a special proceeding pursuant to
Article 78 of the Civil Practice Law and Rules for an order compelling
the Ethics Board to issue the advisory opinion. In addition to, or
in lieu of, such injunctive relief, the person may seek a judgment
in accordance with § 3001 of the Civil Practice Law and
Rules determining the question posed in the request for the advisory
opinion. No action or special proceeding shall be prosecuted or maintained
pursuant to this subsection unless a) it shall appear by and as an
allegation in the petition or complaint that at least six months have
elapsed since the filing of the request and that the Ethics Board
has failed to file any determination in the matter and b) the action
or special proceeding shall be commenced within 10 months after the
submission of the request for the advisory opinion.
Any person aggrieved by a decision of the Ethics Board may seek
judicial review and relief pursuant to Article 78 of the Civil Practice
Law and Rules of the State of New York.
The Ethics Board shall:
A.
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
B.
Develop educational materials and an educational program for the
officers and employees of the Town on the provisions of this chapter
and on Article 18 of the General Municipal Law.
A.
The Ethics Board shall prepare and submit an annual report to the
Montgomery Town Supervisor summarizing the activities of the Board.
The report may also recommend changes to the text or administration
of this chapter.
B.
The Ethics Board 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.
A.
The only records of the Ethics Board which shall be available for
public inspection are those whose disclosure is required by Article
6 of the Public Officers Law of the State of New York or by some other
state or federal law or regulation. (Comment: Disclosure forms should
be made readily available to the public. Ethics Board communication
regarding inquiries from Town officials about advice concerning a
particular matter should be kept confidential to the extent possible,
otherwise officials will be discouraged from seeking advice. Communication
relating to any allegation of violations of this chapter should be
kept confidential to protect officials from abuse that could ruin
a good reputation.)
B.
No meeting or proceeding of the Ethics Board concerning misconduct,
nonfeasance, or neglect in office by a Town officer or employee shall
be open to the public except upon the request of the officer or employee
or as required by the provisions of Article 7 of the Public Officers
Law or by some other state or federal law or regulation. (Comment:
The Ethics Commission indicated that most organizational, educational
and administrative functions are open to the public. Discussions about
advice being sought by officials and complaints must be conducted
in private.)
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 a present
or former Town officer or employee from timely filing 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 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.
A.
Within 90 days after the effective date of this chapter, and thereafter
as appropriate, the Ethics Board shall transmit to the Montgomery
Town Supervisor, in a form suitable for posting, copies of those provisions
of this chapter which the Ethics Board deems necessary for posting
in the Town. Within 10 days after receipt of those copies, the Montgomery
Town Supervisor shall cause the copies to be posted conspicuously
in every public building under the jurisdiction of the Town.
B.
Within 90 days after the effective date of this chapter, and thereafter
as appropriate, the Ethics Board shall transmit to the Montgomery
Town Supervisor, in a form suitable for distribution, copies of those
provisions of this chapter which the Ethics Board deems necessary
for distribution to the officers and employees of the Town. Within
10 days after receipt of those copies, the Montgomery Town Supervisor
shall cause the copies 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 those provisions 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 section
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.
