Upon written request, the Board of Ethics established hereunder
shall render advisory opinions to officers and employees of the Town
of Schroeppel. Such written requests may be made to any member of
the Board of Ethics. Such advisory opinions shall be rendered pursuant
to the written request of any 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 Town Attorney.
[Amended 6-2-1999 by L.L. No. 1-1999]
Such opinions shall not be made public or disclosed unless otherwise
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 Board of Ethics may at any time recommend to the Town Board
amendments to this chapter.
The Board of Ethics, upon its formation, shall promulgate its
own rules and regulations as to procedures and shall maintain appropriate
records of its opinions and proceedings.
[Amended 6-2-1999 by L.L. No. 1-1999]
The Board of Ethics shall have the power to:
A. Adopt, amend and rescind rules and regulations to govern procedures
of the Board of Ethics.
B. Review financial disclosure statements, completed in accordance with
the provisions of this chapter, the rules and regulations of the Board
of Ethics and any local law, ordinance or Code of Ethics established
by the Town Board of the Town of Schroeppel.
C. Receive complaints alleging a violation of this chapter or a violation
of the criteria for reporting requirements established by this chapter,
Code of Ethics of the Town of Schroeppel local law, ordinance or resolution
regarding the filing of completed statements with the Board of Ethics.
D. Advise and assist any local official in establishing rules and regulations
relating to possible conflicts between private interests and official
duties of present or former elected officials and local officers and
employees.
E. Permit any person otherwise required to file a financial disclosure
statement to request an exemption from such requirements in accordance
with the rules and regulations governing such exemptions. Such rules
and regulations shall provide for exemptions to be granted either
on the application of the individual or on behalf of persons who share
the same job title or employment classification which the Board of
Ethics deems to be comparable for purposes of this chapter. Such rules
and regulations may permit the granting of an exemption where, in
the discretion of the Board of Ethics, the public interest does not
require disclosure and the applicant's duties do not involve
the negotiations, authorization or approval of:
(1) Contracts, leases, franchises, revocable consents, concessions, variances,
special permits or licenses as defined in § 73 of the Public
Officers Law;
(2) The purchase, sale, rental or lease of real property, goods or services,
or a contract therefor;
(3) The obtaining of grants of money or loans; or
(4) The adoption or repeal of any rule or regulation having the force
and effect of law.
F. Prepare an annual report to the Supervisor and the Town Board summarizing
the activities of the Board of Ethics and recommending changes in
the law governing the conduct of local elected officials and officers
and employees of the Town covered by this act.
G. Act as a repository for completed financial disclosure forms filed
pursuant to this chapter.
H. Upon certification of a question by the Town Board to the Ethics
Board, the Board may determine a question common to a class or defined
category of persons, where determination of the questions will prevent
undue repetition of request for exemption or prevent undue complication
in complying with the requirements of this chapter.
I. The Board of Ethics shall inspect all financial disclosure statements
filed with the Board of Ethics to ascertain whether any person subject
to the reporting requirements of this chapter, Code of Ethics, local
law, ordinance or resolution has failed to file such a statement,
has filed a deficient statement or has filed a statement which reveals
a possible violation of this chapter, Code of Ethics, law, ordinance
or resolution of the Town of Schroeppel.
J. The Board of Ethics shall have all necessary authority to enforce
the filing requirements of this chapter, including the authority to
promulgate such rules and regulations as the Board of Ethics may determine
are necessary to implement this chapter. The Board of Ethics shall
be authorized to review requests for exceptions, with respect to complying
with timely filing of such disclosure statements, due to justifiable
cause or undue hardship.
K. The Board of Ethics shall have the power to retain or hire legal
counsel to advise it on any matter arising under this chapter.
In addition to any other powers and duties specified by this
chapter, the Board of Ethics shall have the power and duty to:
A. Administer and enforce all the provisions of this chapter;
B. Conduct any investigation necessary to carry out the provisions of
this chapter. Pursuant to this power and duty, the Board may administer
oaths or affirmations, subpoena witnesses, compel their attendance
and require the production of any books of records which it may deem
relevant or material.
The Board of Ethics shall be empowered to request support staff,
assistance from the Town Board or supervisor in furtherance of its
duties and responsibilities.