There is hereby established a Board of Ethics,
consisting of three members to be appointed by the County Executive
subject to confirmation by the Monroe County Legislature and who shall
serve without compensation and at the pleasure of the County Executive.
A majority of such members shall be persons other than officers and
employees of the County of Monroe but shall include at least one member
who is an elected or appointed officer or employee of the County of
Monroe.
[Amended 8-3-1971 by L.L. No. 4-1971]
A. The Board of Ethics shall have the powers and duties
prescribed by Article 18 of the General Municipal Law, including but
not limited to the powers and duties set forth in §§ 811(1)(d)
and 813 of the General Municipal Law, and shall render advisory opinions
to the officers and employees of the County of Monroe with respect
to Article 18 of the General Municipal Law and the Code of Ethics
of the County of Monroe, adopted herein. Such advisory opinions shall
be rendered pursuant to the written request of any such officer or
employee under such rules and regulations as the Board may prescribe
and shall have the advice of counsel employed by the Board or, if
none, the County Attorney.
[Amended 12-11-1990 by L.L. No. 4-1990, approved 12-26-1990]
B. The Board may also accept from the general public,
an officer or employee, or from its own members and consider any complaint
or allegation of conflict of interest, harassment, or sexual harassment
on the part of any officer or employee of Monroe County. All such
complaints or allegations are to be kept in the confidential records
of the Board. Should the Board determine that there is apparent merit
in the complaint or allegation, it shall send a written invitation
to the officer or employee so charged to appear at a private meeting
of the Board and explain the apparent conflict of interest, allegation
of harassment, or allegation of sexual harassment. Should: (1) such
officer or employee fail to appear in response to such invitation;
(2) such officer or employee fail to satisfy the Board that there
is no conflict of interest; or (3) the Board substantiates an allegation
that the employee or officer engaged in harassment or sexual harassment,
the Board shall send a written report on the matter to the County
Executive. Reports concerning conflicts of interest shall not be made
public except by the County Executive or by the unanimous vote of
the Board. Reports finding that the employee or officer engaged in
harassment or sexual harassment shall be made public with any identifying
information regarding the compliant(s), witness(es), and victim(s)
redacted. In the event the Board receives a complaint or allegation
that involves harassment or sexual harassment in the workplace, such
complaint shall be referred to the Monroe County Department of Human
Resources and shall be subject to the provisions of the Monroe County
Policy on Unlawful Discrimination and Harassment, as amended or changed.
[Amended 4-11-2023 by L.L. No. 4-2023]
C. In addition, the Board may make recommendations with
respect to the drafting and adoption of a Code of Ethics or amendments
thereto upon the request of the Monroe County Legislature.
D. The Board, upon its formation, shall promulgate its
own rules and regulations as to its forms and procedures and shall
maintain records of its opinions and proceedings. Copies of all rules
and regulations promulgated by the Board and any and all amendments
thereto which may be adopted from time to time shall be filed with
the Clerk of the County Legislature.
E. The Board shall not act with respect to the officers
and employees of any municipality located within such County or agency
thereof where such municipality has established its own Board of Ethics,
except that the Local Board may, at its option, refer matters to the
County Board.