[Amended 6-2-1999 by L.L. No. 1-1999]
The Town of Schroeppel, pursuant to the provisions of § 806
of the General Municipal Law of the State of New York, hereby requires
the filing of financial disclosure statements as hereinafter provided.
[Amended 6-2-1999 by L.L. No. 1-1999]
The Town of Schroeppel Board of Ethics is designated as the
appropriate body with which statements of financial disclosure shall
be filed.
[Amended 6-2-1999 by L.L. No. 1-1999]
B.
Time of filing. A financial disclosure statement in the form provided
herein, shall be filed within 30 days of hiring, appointment or re-appointment
or within 30 days of being sworn into an elective office.
C.
Any person who is required to file a financial disclosure statement
may be granted by the Board of Ethics an additional period of time
within which to file such statement based upon justifiable cause or
undue hardship, in accordance with rules and regulations on the subject
adopted by the Town of Schroeppel Board of Ethics pursuant to the
General Municipal Law, and shall file such statement within the additional
period of time so granted.
D.
No statements of financial disclosure, or the information contained
therein, shall be made public or disclosed unless such is required
by the Freedom of Information Law (Public Officers Law Article 6)
or made necessary or permitted by the provisions of the General Municipal
Law.
[Amended 6-2-1999 by L.L. No. 1-1999]
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Statement of Financial Disclosure for the Town of Schroeppel
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1.
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Name
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A.
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Title of Position
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B.
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Department, Board or other Government Entity
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C.
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Office Telephone Number
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D.
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Home Telephone Number
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2.
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Please verify the following statement:
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I have received and read a copy of the Town of Schroeppel Ethics
Law. As defined under that law, I know of no conflict which exists
concerning my position with the Town of Schroeppel except for
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If my circumstances change, I will duly notify the Board of
Ethics of the Town of Schroeppel forthwith.
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SIGNATURE
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Sworn to before me this _____ day of _____________, 20 ____.
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NOTARY PUBLIC
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[1]
Editor's Note: Former § 9-21, Disclosure to
appropriate body, was repealed 6-2-1999 by L.L. No. 1-1999.
[Amended 6-2-1999 by L.L. No. 1-1999]
Financial disclosure forms, as set forth in § 9-20, shall be distributed by the Town Supervisor, or his designee, within 10 days after the appointment or reappointment of an officer or employee or to an elected official, within 10 days of such elected official being sworn in to said elected official's term of office.
If a person required to file a financial disclosure statement
with the Board of Ethics has failed to file a disclosure statement
or has filed a deficient statement, the Board of Ethics shall notify
the reporting person, in writing, state the failure to file or detail
the deficiency, provide the person with a fifteen-day period to cure
the deficiency, and advise the person of the penalties for failure
to comply with the reporting requirements. Such notice shall be confidential.
If the person fails to make such filing or fails to cure the deficiency
within the specified time period, the Board of Ethics shall send a
notice of delinquency to the reporting person; and to the appointing
authority for such person.
A.
If a reporting person has filed a statement which reveals a possible
violation of duly adopted code of ethics of the Town of Schroeppel,
local law, ordinance or resolution, or the Board of Ethics receives
a sworn complaint alleging such a violation, or if the Board of Ethics
determines on its own initiative to investigate a possible violation,
the Board of Ethics shall notify the reporting person, in writing,
describe the possible or alleged violation of such code of ethics,
local law, ordinance or resolution or this chapter, and provide the
person with a fifteen-day period in which to submit a written response
setting forth information relating to the activities cited as a possible
or alleged violation of law. If the Board of Ethics thereafter makes
a determination that further inquiry is justified, it shall give the
reporting person an opportunity to be heard. The Board shall also
inform the reporting individual of its rules regarding the conduct
of adjudicatory proceedings and appeals and the due process procedural
mechanisms available to such individual. If the Board determines,
at any stage of the proceeding, that there is no violation or that
any potential conflict of interest violation has been rectified, it
shall so advise the reporting person and the complainant, if any.
All of the foregoing proceedings shall be confidential.
B.
If the Board determines that there is reasonable cause to believe
that a violation has occurred, it shall send a notice of reasonable
cause to the reporting person; to the complainant, if any; and to
the Town Board of the Town of Schroeppel.
[Amended 6-2-1999 by L.L. No. 1-1999]
A reporting individual who knowingly and willfully fails to
file a statement of financial disclosure or who knowingly and willfully
with intent to deceive makes a false statement or gives information
which such individual knows to be false on such statement of financial
disclosure filed pursuant to this chapter or fails to advise the Board
of Ethics of any change in circumstances other than name, title of
position, department, board or other governmental agency or telephone
number may be assessed a civil penalty in an amount not to exceed
$500. Assessment of a civil penalty hereunder shall be made by the
Board of Ethics with respect to the persons subject to its jurisdiction.
For a violation of this subsection, other than for conduct which constitutes
a violation of Subdivision 12 of § 73 of the Public Officers
Law, the Board of Ethics may, in lieu of a civil penalty, refer a
violation to the appropriate prosecutor, and, upon such conviction,
but only after such referral, such violation shall be punishable as
a Class A misdemeanor. Notwithstanding any other provision of law
to the contrary, no other penalty, civil or criminal, may be imposed
for a failure to file, or for a false filing, of such statement, except
that the Town Board of the Town of Schroeppel may impose disciplinary
action as otherwise provided by law. The Board of Ethics shall be
deemed to be an agency within the meaning of Article 3 of the State
Administrative Procedure Act and shall adopt rules governing the conduct
of adjudicatory proceedings and appeals relating to the assessment
of civil penalties herein authorized. Such rules, which shall not
be subject to the approving requirements of the State Administrative
Procedure Act, shall provide for due process procedural mechanisms
substantially similar to those set forth in such Article 3, but such
mechanism need not be identical in terms or scope. Assessment of a
civil penalty shall be final unless modified, suspended or vacated
within 30 days of imposition and, upon becoming final, shall be subject
to review at the instance of the affected reporting individuals in
a proceeding commenced against the Board of Ethics pursuant to Article
78 of the Civil Practice Law and Rules.
A copy of any notice of delinquency or notice of reasonable
cause sent pursuant to this chapter shall be included in the reporting
person's file and be available for public inspection.
[Amended 6-2-1999 by L.L. No. 1-1999]
A.
Notwithstanding the provisions of Article 6 of the Public Officers
Law, the only records of the Board of Ethics which shall be available
for public inspection are:
B.
Notwithstanding the provisions of Article 7 of the Public Officers
Law, no meeting or proceeding of the Board of Ethics shall be open
to the public, except if expressly provided otherwise by the Board
of Ethics.
