Pursuant to General Municipal Law § 808, the Town
of Chatham does hereby adopt the Board of Ethics of the County of
Columbia as the Board of Ethics for the Town of Chatham. The members
of such Board of Ethics shall be nominated by the Chairman of the
Board of Supervisors and appointed by the Board of Supervisors. The
Board of Supervisors shall make an effort at bipartisan cooperation
and participation in appointing the board of ethics. Such Board of
Ethics shall consist of five members, a majority of whom shall not
be officers or employees of the Town of Chatham or of municipalities
wholly or partially located within the Town of Chatham and at least
one of whom shall be an elected or appointed officer or employee of
the Town of Chatham or of a municipality located within the Town of
Chatham. The members of the Board of Ethics shall receive no salary
or compensation for their services as members of such Board and shall
serve at the pleasure of the Board of Supervisors. Members of the
board shall serve at the pleasure of the Board of Supervisors. The
Board shall be appointed at the appropriate organizational meeting.
The jurisdiction of the Board of Ethics shall be limited to
matters of the Chatham Town Ethics policy and the ethics provisions
contained in Article 18 of the General Municipal Law.
The Board of Ethics of the Town of Chatham shall have the authority
to enforce the filing requirements with respect to annual statement
of financial disclosure imposed by this article, and said Board of
Ethics shall also have authority to promulgate rules and regulations
governing procedures of the said Board, said rules and regulations
to have the same import as is enjoyed by the rules and regulations
of the Temporary State Commission on Local Government Ethics, the
scope of which rules and regulations shall include, but not be limited
to, the establishment of:
A. The procedure whereby a person who is required to file an annual
statement of financial disclosure may request additional periods of
time within which to file such statement, due to justifiable cause
or undue hardship; and
B. A limitation upon the granting of such additional periods.
The Board of Ethics of the Town of Chatham shall render advisory
opinions to officers and employees of the Town of Chatham and of municipalities
wholly or partly within the Town of Chatham with respect to Article
18 of the General Municipal Law. The Board of Ethics shall render
advisory opinions to officers and employees of the Town of Chatham
with respect to the Code of Ethics of the Town of Chatham adopted
pursuant to Article 18 of the General Municipal Law and with respect
to the filing of the annual statement of financial disclosure promulgated
by the Town of Chatham pursuant to Article 18 of the General Municipal
Law. Such advisory opinions shall be rendered pursuant to the written
request of any such Town officer or employee under such rules and
regulations as the Board of Ethics may prescribe, and the said Board
of Ethics is hereby authorized and empowered to adopt such rules and
regulations. The Board of Ethics shall have the advice of counsel
employed by the Board of Ethics or, if none, the County Attorney.
In addition, the Board of Ethics of the Town of Chatham may make recommendations
with respect to the drafting and adoption of a Code of Ethics or amendments
thereto by the Town Board of the Town of Chatham.
The Board of Ethics for the Town of Chatham shall have the authority to impose penalties for failure to comply with the filing requirements herein of the financial disclosure statements as set forth in Article
II and §
9-18.
The Board of Ethics of the Town of Chatham may, in its discretion,
limit its advisory opinions to opinions concerning the circumstances
of the requester, and thus, the Board of Ethics may decline to entertain
a request for an advisory opinion when:
A. The request inquires about the propriety of conduct of a person other
than the requester,
B. The subject of the request is a person other than the requester,
or
C. The request raises an abstract or hypothetical question.
The advisory opinions of the Board of Ethics of the Town of
Chatham 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 or an appeal of the designation
of a policy making position pursuant to this article and involving
the officer, employee or other appointed official who requested the
advisory opinion. Whenever a request for access to an advisory opinion
is received, the officer, employee or appointed official who requested
the rendering of the advisory opinion shall be notified of the access
request by written notice to be mailed within 72 hours of the receipt
by the Board of Ethics of the request for access.
When an appointing authority determines that a position under
its authority is a policy-making position thus requiring the holder
of the position to file an annual statement of financial disclosure,
an appeal of said determination may be taken by an aggrieved party
by the filing of a written petition in opposition to such designation
within 30 days from the date that the designation was filed with the
Board of Ethics of the Town of Chatham, and upon receipt of said petition,
the Board of Ethics shall make a determination upon the merits of
the petition within 30 days.