The Joint Board of Ethics shall be empowered to request support
staff and assistance from the Town Board or Supervisor in furtherance
of its duties and responsibilities as they pertain to matters before
the Joint Ethics Board which relate to Town of Pawling officers, officials
or employees.
The Joint Board of Ethics established hereunder shall render
advisory opinions to officers and employees of the municipalities
which are parties to the intermunicipal agreement and in the manner
set forth in the intermunicipal agreement and procedures adopted by
the Joint Board of Ethics.
A. Upon the written request of any Town officer or employee, the Joint Ethics Board shall render a written advisory opinion with respect to the interpretation or application of Chapter
27 or of Article 18 of the General Municipal Law of the State of New York.
B. In rendering advisory opinions, the Joint Ethics Board may request
the advice and counsel of the attorney employed by the municipality
which is the subject of a matter before the Joint Board of Ethics.
C. An advisory opinion rendered by the Ethics Board, until and unless
amended or revoked, shall be binding on the Ethics Board in any subsequent
proceeding concerning the person who requested the opinion and who
acted in good faith, unless material facts were omitted or misstated
by the person in the request for an opinion. Such requests shall be
confidential, but the Ethics Board may publish such opinions, provided
that the name of the requesting person and other identifying details
shall not be included in the publication.
D. Any person aggrieved by an advisory opinion of the Joint 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.
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 advisory opinions of the Joint Board of Ethics shall not
be made public or disclosed unless required by the Freedom of Information
Law (Public Officers Law Article 6) or required for use in a disciplinary
proceeding. Whenever a request for access to an advisory opinion herein
is received, the officer, employee or appointed official who requested
the opinion shall be notified of the request within 48 hours of the
receipt of the request.
The procedure for receipt and investigation of complaints shall
be as set forth in the procedures adopted by the Joint Ethics Board.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or parts
of this chapter.
This chapter shall take effect upon its adoption and filing
with the Secretary of State in accordance with the provisions of § 27
of the Municipal Home Rule Law.