The form of annual statement of financial disclosure contained
in this article provides for the disclosure of such information as
the Board of Supervisors of the Town of Chatham deems to be necessary.
For the purposes of this article, the following terms have the
following meanings:
The Board of Ethics of the County of Columbia.
Includes:
Each elected official of the Town of Chatham.
Each head of any agency, department, division, council, board,
commission or bureau of the Town of Chatham, and their deputies and
assistants.
Each officer and employee of any agency, department, division,
council, board, commission or bureau of the Town of Chatham who holds
a policy-making position, as annually determined in writing by the
appointing authority.
Notwithstanding the inclusiveness of Subsection A above, the term "employee" shall not mean a judge, justice, officer or employee of the Unified Court System.
Any legal or equitable interest, whether or not subject to
an incumbrance or condition which was owned or held in whole or in
part, jointly or severally, directly or indirectly. It shall include,
but not be limited to, any information required in the annual statement
of financial disclosure.
The annual statement of financial disclosure as set forth in § 9-12 of this article.
A.
The following persons are required to complete, sign and file an
annual statement of financial disclosure as specified by name of office
or title:
(1)
All Town Board members, including the Supervisor.
(2)
Town Clerk.
(3)
All Deputy and/or Assistant Deputy Town Clerks.
(4)
All Planning Board members.
(5)
All Zoning Board of Appeals members.
(6)
All Board of Assessment Review Members.
(7)
Assessor.
(8)
Town Tax Collector.
(9)
Town Comptroller.
(10)
Town Attorney or Attorney for the Town.
(11)
Superintendent of Highways.
(12)
Building Inspector.
(13)
Code Enforcement Officer.
(14)
Zoning Enforcement Officer.
B.
For purposes of this § 9-12, the filing requirement is intended to encompass the specific titles listed above as well as any title changes thereto which may occur subsequent to the date of adoption of this article. The filing requirement is also intended to encompass any titles created in the future for any officers or employees whose duties include policy making or purchasing responsibilities.
Persons not currently employed by the Town but who were employed during the previous calendar year are required to file the annual statement of financial disclosure. Any person found to be in violation of this section will be subject to the penalties set forth in § 9-18.
The person or persons, as the case may be, who have authority
to appoint persons to positions as officers or employees in any agency,
department, division, council, board, commission or bureau of the
Town of Chatham shall annually, during the month of February, determine
which of said positions are policy making positions and shall set
forth such determination in a written instrument. Said written instrument
shall be annually filed with the Town Clerk during the month of February.
Each employee of the Town of Chatham who holds such a policy making
position is required to complete, sign and file an annual statement
of financial disclosure.
The Town of Chatham does hereby promulgate the following form
of annual statement of financial disclosure:[1]
[1]
Editor's Note: The financial disclosure statement form is included at the end of this chapter.
The Town Clerk for the Town of Chatham is hereby designated
as the authorized repository for completed annual statements of financial
disclosure. The Town Clerk is also hereby designated as the agent
of the Town of Chatham for purposes of receipt and maintenance of
said statements.
B.
A completed form of annual statement of financial disclosure shall
be filed every year commencing with the year 2012 and by no later
than May 15, with respect to the preceding calendar year, by those
persons required to file such a statement.
C.
In the event that a person shall become an employee, as defined in § 9-11 of this article, or shall assume an office or title specified in § 9-12, such person must file a completed form of annual statement of financial disclosure for the calendar year prior to the year during which the person became such employee or assumed such office or title within 120 days of becoming such employee or assuming said office or title. Thereafter, subsequent completed forms of annual statement of financial disclosure shall be filed in accordance with this § 9-15.
D.
Application may be made to the Town Clerk for an extension of time
to file due to justifiable cause or undue hardship in accordance with
rules and regulations established therefor by said Board.
E.
Any person who may be required to file more than one completed form
of annual statement of financial disclosure for any calendar year
pursuant to the terms of this resolution shall be deemed to have satisfied
such requirement by filing one such completed form of annual statement
of financial disclosure.
In addition to any penalty contained in any provision of law,
an employee who knowingly and willfully fails to sign and file a completed
form of annual statement of financial disclosure or who knowingly
and willfully, with intent to deceive, makes a false statement or
who gives such information which the individual knows to be false
on such annual statement of financial disclosure may be reprimanded,
fined in an amount not to exceed $1,000 and/or suspended or removed
from office or employment by the Columbia County Board of Ethics following
a complaint to such Board by the Town Clerk. Assessment of the penalty
hereunder shall be made by a majority of the members of the Board
of Ethics. The Board of Ethics may adopt rules governing the conduct
of adjudicatory proceedings relating to the assessment of such penalties.
Each and every completed form of annual statement of financial
disclosure filed hereunder shall be available for public inspection
pursuant to the provisions of the Freedom of Information Law.
On or after January 1, 2013, the Town Cleric shall file with
the Temporary State Commission on Local Government Ethics, if such
temporary state commission is in existence and, in all events, shall
maintain as a record subject to public inspection:
A.
A copy of any Code of Ethics or any amendments to any Code of Ethics
adopted within 30 days after the adoption of such Code of such amendment.
B.
A statement that the Town of Chatham has established a Board of Ethics
in accordance with General Municipal Law § 808.3.
C.
A statement of the composition of the Board of Ethics of the Town
of Chatham.
D.
A copy of the form of annual statement of financial disclosure promulgated
by the Town of Chatham and a statement of the date such form of annual
statement of financial disclosure was promulgated by the Town of Chatham.
