Village of Hastings-on-Hudson, NY Article III Administrative Provisions

§ 18-15 Designation of officers and employees required to file annual disclosure statements.

Within 90 days after the effective date of this chapter, and during the month of March each year thereafter, the Village Manager shall:

A. Cause to be filed with the Ethics Board a list of the names and offices or positions of all Village officers and employees required to file annual disclosure statements pursuant to § 18-10 of this chapter; and

B. Notify all such officers and employees of their obligation to file an annual disclosure statement.

§ 18-16 Maintenance of disclosure statements.

A. The Village Manager shall transmit promptly to the Ethics Board each transactional and applicant disclosure statement filed pursuant to §§ 18-4, 18-8, 18-11 and 18-12 of this chapter.

B. The Ethics Board shall index and maintain on file for at least seven years all disclosure statements filed with the Board pursuant to §§ 18-4, 18-8, 18-10, 18-11 and 18-12.

§ 18-17 Establishment of Ethics Board; qualifications; appointment; term of office.

[Amended 3-16-2010 by L.L. No. 3-2010]

A. There is hereby established an Ethics Board consisting of five members.

B. No more than one member of the Ethics Board may be an appointed officer or employee of the Village.

C. 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 Village.

D. Within 60 days after the effective date of this chapter, and no later than December 31 each year thereafter, the Village Manager shall appoint the members of the Ethics Board.

E. 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.

F. An Ethics Board member shall serve until his or her successor has been appointed.

G. The members of the Ethics Board shall not receive compensation but may be reimbursed for reasonable expenses incurred in the performance of their official duties.

§ 18-18 Vacancy on Ethics Board.

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 § 18-17 of this chapter.

§ 18-19 Removal of Ethics Board members.

An Ethics Board member may be removed from office by the Village Manager, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in § 18-17 of this chapter, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office or violation of this chapter.

§ 18-20 Ethics Board 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.

§ 18-21 Jurisdiction, powers and duties of Ethics Board.

A. The Ethics Board may act only with respect to officers and employees of the Village.

B. The termination of a municipal officer's or employee's term of office or employment with the Village shall not affect the jurisdiction of the Ethics Board with respect to the requirements imposed on him or her by this chapter.

C. In addition to the powers and duties enumerated in §§ 18-22 through 18-28 of this chapter, the Ethics Board shall have the following powers and duties:

(1) To prescribe and promulgate rules and regulations governing its own internal organization and procedures in a manner consistent with this chapter; and

(2) To prepare an annual report and recommend changes to this chapter.

§ 18-22 Review of lists and disclosure statements.

A. The Ethics Board shall review:

(1) The lists of officers and employees, prepared pursuant to § 18-15 of this chapter, to determine whether the lists are complete and accurate. The Board shall add the name of any other officer or employee who the Board determines should appear on the list pursuant to § 18-10.

(2) All annual 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.

(3) All transactional disclosure statements.[1]

[1] Editor's Note: All such lists and statements shall be indexed and maintained on file by the Ethics Board.

B. If the Ethics 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.

§ 18-23 Investigations.

A. Upon receipt of a sworn 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 sworn complaint with the Ethics Board shall be notified, 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 Village Board of Trustees a copy of the complaint.

§ 18-24 Hearings; assessment of penalties; injunctive relief.

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 Subsection A of § 18-14 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 Subsection B of § 18-14 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 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 Village.

C. 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 of the Ethics Board.

§ 18-25 Waivers.

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 § 18-3A(1) through (8), 18-3B(1) through (4), 18-4, 18-9, 18-10 or 18-11 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.

B. Waivers shall be in writing and shall state the grounds 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 Village 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.

§ 18-26 Advisory opinions.

A. Upon the written request of any Village 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.

§ 18-27 Public inspection of records; public access to meetings.

A. The only records of the Ethics Board that 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.

B. No meeting or proceeding of the Ethics Board concerning misconduct, nonfeasance or neglect in office by a Village 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.

§ 18-28 Distribution and posting.

A. Within 90 days after the effective date of this section, and thereafter as appropriate, the Ethics Board shall transmit to the Village Board of Trustees, in a form suitable for posting, copies of those provisions of this chapter which the Ethics Board deems necessary for posting in the Village. Within 10 days after receipt of those copies, the Village Manager shall cause the copies to be posted conspicuously in every public building under the jurisdiction of the Village.

B. Within 90 days after the effective date of this section, and thereafter as appropriate, the Ethics Board shall transmit to the Village Manager, 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 municipality. Within 10 days after receipt of those copies, the Village Manager shall cause the copies to be distributed to every officer and employee of the Village, and made readily available to the public. Every Village 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 Village to comply with the provisions of this section or failure of any Village 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.

§ 18-29 Effect on other provisions.

A. No existing right or remedy shall be lost, impaired or affected by reason of this chapter.

B. To the extent this chapter is inconsistent with the provisions of § 808 of the General Municipal Law, this chapter shall supersede those provisions.

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.