[HISTORY: Adopted by the Town Board of the
Town of Niskayuna 6-16-1970; amended
in its entirety 4-23-2013 by L.L. No. 2-2013. Subsequent amendments
noted where applicable.]
Pursuant to the provisions of § 806
of the General Municipal Law and § 10 of the Municipal Home
Rule Law, the Town of Niskayuna recognizes that there are standards
of ethical conduct for public officers and employees which must be
observed if a high degree of moral conduct is to be obtained and if
public confidence is to be maintained in our unit of Town government.
It is the purpose of this chapter to promulgate these rules of ethical
conduct for the officers and employees of the Town of Niskayuna. These
rules shall serve as a guide for official conduct of the officers
and employees of the Town of Niskayuna. The rules of ethical conduct
of this chapter, as adopted, shall not conflict with but shall be
in addition to any prohibition of Article 18 of the General Municipal
Law or any other general or special law relating to ethical conduct
and interest in contracts of municipal officers and employees.
The standards, prohibited acts and procedures
established herein are in addition to any prohibited acts, conflict
of interest provisions or procedures prescribed by statute of the
State of New York and also in addition to common law rules and judicial
decisions relating to the conduct of Town officers to the extent that
the same are more severe in their application than this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Communicating in any form, including, without limitation,
personally, through another person, by letter, facsimile, electronic
mail, or by telephone.
Any data acquired through the course of employment or public
office which the Town has protected from disclosure by law or that
is not protected from disclosure by law but poses or may pose a conflict
of interest.
Any action or omission which is in conflict or gives or may
reasonably give the appearance of conflict with the performance of
official Town business or government.
An artificial person or being, endowed by law with the capacity
of perpetual succession, and shall include corporations organized
as public, private, charitable, civil, domestic, foreign, close, open,
municipal and not-for-profit institutions.
Any person to whom a Town officer or employee has supplied goods
or services during the previous 24 months having, in the aggregate,
a value of greater than $1,000; or
Any person to whom a Town officer's or employee's outside employer
or business has supplied goods or services during the previous 24
months having, in the aggregate, a value greater than $1,000, but
only if the officer or employee knows or has reason to know the outside
employer or business supplied the goods or services.
Except as specifically set forth in § 17-4D, includes any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospitality, privilege, exemption or any promise thereof, or any other gratuity or promise thereof or anything of value. A financial transaction may be a financial benefit but shall not be a gift unless it is on terms not available to the general public. "Gift" and "financial benefit" do not include campaign contributions authorized by law.
An action performed in a prescribed manner without the exercise
of judgment or discretion as to the propriety of the act.
Means:
Any activity, other than service to the Town, from which the
Town officer or employee receives compensation for services rendered
or goods sold or produced;
Any entity, other than the Town, of which the Town officer or
employee is a member, officer, director, or employee and from which
he or she receives compensation for services rendered or goods sold
or produced; or
Any entity in which the Town officer or employee has an ownership
interest, except a corporation of which the Town officer or employee
owns less than 5% of the outstanding stock.
For purposes of this definition, "compensation" shall not include
reimbursement for necessary expenses, including travel expenses.
Includes both individuals and entities.
A privilege granted by the State of New York to conduct an
occupation or trade.
A corporation organized to construct or operate a public
improvement that is located partially or totally in New York State
and the profits from this corporation benefit New York State or other
states or the people of New York State.
A spouse, child, stepchild, brother, sister, or parent of
the Town officer or employee, or a person claimed as a dependent on
the Town officer's or employee's latest individual state income tax
return, or the spouse of any such person.
The Town of Niskayuna, but shall not include the Town Court.
Any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau, unit
or committee of the Town other than the Town Court.
Any officer or employee of the Town, whether elected or appointed,
paid or unpaid, and includes, without limitation, all members of any
office, board, body, advisory board, council, commission, agency,
department, district, administration, division, bureau, unit or committee
of the Town. Any attorney who is a partner in a law firm or a principal
in a professional corporation whose legal opinion concerning the validity
of the issuance of any debt instrument is generally provided in connection
with the issuance of any bond or other instrument by the Town or any
public benefit corporation whose members are appointed by the Supervisor
or the Town Board shall be deemed a Town officer or employee. "Town
officer or employee" shall not include:
A.
General prohibition. A Town officer or employee shall not use his
or her official position or office, or take or fail to take any action,
in a manner which he or she knows, or has reason to know, may result
in a personal financial benefit for any of the following persons:
(1)
The Town officer or employee;
(2)
His or her outside employer or business;
(3)
A member of his or her household;
(4)
A customer or client;
(5)
A relative; or
(6)
Any firm, corporation, association, partnership or other organization
in which the Town officer or employee, or a relative, serves as an
officer or director, whether compensated or not compensated.
B.
Specific Town officers and employees.
(1)
Responsibilities.
(a)
Professionally licensed. All Town officers and employees with
professional licenses are prohibited from knowingly exercising any
discretion in any matter of Town interest which shall involve any
person, firm or corporation which is a client of his/her or a client
of his/her firm or has been a client within the immediate past one
year and shall not knowingly have any interest in or accept compensation,
direct or indirect, from any person, firm or corporation which has
an interest in matters coming before any Town agency or before any
public benefit corporation whose members are appointed by the Supervisor
or the Town Board.
(b)
Authorized to conduct inspections and issue permits. All Town
officers and employees with the authority to conduct inspections or
issue permit approvals shall not engage in a business or have a financial
interest in any firm engaged in a business within the Town where said
business conducts, as a regular and significant part of its business,
matters requiring such inspections or such permits.
(c)
Public safety. No public safety officer shall have any interest
in or be employed in the Town by any company, corporation, partnership,
association or individual for the purpose of providing private investigations,
accident reconstruction, fire prevention, or fire inspection or any
other activity related to such public safety officer's employment
with the Town. This shall not be construed as prohibiting membership
or service in volunteer fire or emergency medical organizations. Additionally,
public safety officers may be employed in the Town for the purpose
of providing security or traffic services.
(2)
The foregoing Town officers and employees are listed due to the unique
nature of their offices and positions which, in turn, raise ethical
conflicts unique to those offices and positions. This list is not
to be deemed all-inclusive. Every Town officer and employee shall
endeavor to pursue a course of conduct consistent with the spirit
of this chapter as well as the actual provisions and strive to act
so as not to raise suspicion among the public that he/she is likely
to be engaged in activities that are in violation of his/her trust.
C.
Recusal. A Town officer or employee shall promptly recuse himself or herself from acting on a matter before the Town when acting on the matter, or failing to act on the matter, may financially benefit any of the persons or organizations listed in Subsection A of this section.
D.
Gifts. A Town officer or employee shall not solicit anything of value
from any person who has received or sought a financial benefit from
the Town, nor accept anything of value from any person who the Town
officer or employee knows or has reason to know has received or sought
a financial benefit from the Town within the previous 24 months. The
purpose of this provision is to avoid circumstances where it could
reasonably be inferred that the gift was intended to influence such
Town officer or employee, or could reasonably be expected to influence
such Town officer or employee in the performance of his or her official
duties, or was intended as a reward for any official action taken
by such Town officer or employee. This restriction shall not be construed
as applying to the following situations in which gifts or benefits
are:
(1)
Received by the officer or employee from his or her parent, spouse,
child, or sibling;
(2)
Accepted on behalf of the Town and transferred to the Town;
(3)
Received as refreshments or meals at a widely attended gathering;
(4)
Received for the solemnization of a marriage by an officer or employee
of the Town of Niskayuna listed in § 11 of the Domestic
Relations Law at a place other than his or her normal place of business
or at a time other than his or her normal hours of business and which
have a value of $75 or less;
(5)
Received as nonmonetary awards from charitable organizations; or
(6)
Received as Town services or benefits, or the use of Town facilities,
generally available on the same terms and conditions to residents
or a class of residents in the Town; or
(7)
Having an aggregate value of $75 or less during any twelve-month
period;
E.
Use of Town property. No Town officer or employee shall use or permit
the use of Town property (including land, vehicles, equipment, materials
and any other property) for personal convenience or profit, except
when such use is available to Town citizens generally or is provided
as a matter of written Town policy.
F.
Confidential information. Town officers and employees and former
Town officers and employees shall not disclose any confidential information
or use it to further anyone's personal interests.
G.
Revolving door. A Town officer or employee shall not appear or practice
before the particular Town agency in which the Town officer or employee
served or by which he or she was employed, except on his or her own
behalf, or receive compensation for working on any matter before the
particular Town agency in which the Town officer or employee served
or by which he or she was employed, for a period of one year after
the termination of his or her Town service or employment; however,
the bar shall be permanent for any Town officer or employee as to
particular matters on which the Town officer or employee personally
worked while in Town service that are still pending after the termination
of his or her Town service or employment.
H.
Avoidance of conflicts. Town officers and employees shall not knowingly
acquire, solicit, negotiate for, or accept any interest, employment,
or other thing of value which would put them in violation of this
Code of Ethics.
I.
Inducement of others. A Town officer or employee shall not induce
or aid another officer or employee of the Town in violating any of
the provisions of this Code of Ethics.
J.
Conflict with other codes of conduct.
(1)
Recognizing the need for professional integrity and the fact that
various professional associations have adopted standards of conduct
for their members, the Town hereby requires that each Town officer
or employee who is affected by a professional code of conduct be bound,
in addition to the within chapter, by his/her respective Codes of
Ethics. Any conflict between the provisions of this chapter and a
given professional code of conduct of a Town officer or employee is
to be resolved by the Ethics Board. However, the Ethics Board must
at all times give the greatest latitude to said individual's professional
code of conduct and, whenever possible, reconcile this to complement
and respect the individual's professional code of conduct.
(2)
Substantial consideration shall be given to the effect deviation
from an individual's professional code of conduct will have on that
individual's ability to practice his/her profession. If need be, the
Ethics Board is authorized and required to obtain advisory options
from the appropriate professional association to clarify any given
situation.
K.
Appearances.
(1)
Except as provided in Subsection K(3) of this section, a Town officer or employee or the outside employer or business of a Town officer or employee shall not appear before the particular agency in which the Town officer or employee serves or by which he or she is employed.
(2)
Except as provided in Subsection K(3) of this section, a Town officer or employee or the outside employer or business of a Town officer or employee shall not appear before any other Town agency if the Town officer or employee has the authority to appoint any officer, employee, or member of the agency or to review, approve, audit, or authorize any budget, bill, payment, or claim of the agency, or if there exists any likelihood that such Town officer or employee may derive, directly or indirectly, a financial benefit as a result thereof.
(3)
Nothing in this section shall be construed to prohibit the outside
employer or business of a Town officer or employee from:
L.
Disclosure of interest in legislation. To the extent that he or she
knows thereof, a member of the Town Board and any officer or employee
of the Town, whether paid or unpaid, who participates in the discussion
or gives official opinion to the Town Board on any legislation before
the Town Board shall publicly disclose on the official record the
nature and extent of any direct or indirect financial or other private
interest he or she has in such legislation, including any involvement
in current or past litigation.
M.
Investments in conflict with official duties. A Town officer and/or
employee shall not invest or hold any investment, directly or indirectly,
in any financial, business, commercial or other private transaction
which creates a conflict with his or her official duties.
N.
Right to engage in political activity; prohibition on coercion; prohibition
on political solicitation in a Town workplace. Unless otherwise prohibited
by law, Town officers and employees shall not be denied the right
to support or refuse to support a political party or committee, or
a candidate for public office, outside of the workplace. Officers
or employees shall not coerce, or request or authorize another to
coerce, any officer or employee to support or refuse to support a
political party or committee or a candidate for public office. Officers
or employees shall not make use of a Town workplace to request, or
authorize another to use a Town workplace to request, that any officer
or employee participate in an election campaign or a political event
or contribute to a political party or committee. Officers or employees
shall not display, distribute or otherwise utilize election campaign
literature or materials at a Town workplace.
O.
Interests in contracts with the Town.
(1)
Prohibited interests. No Town officer or employee shall have an interest
in a contract with the Town, or an interest in a bank or trust company,
that is prohibited by § 801 of the General Municipal Law
of the State of New York. Any contract willfully entered into by or
with the Town in which there is an interest prohibited by that section
shall be null, void, and wholly unenforceable, to the extent provided
by § 804 of that law.
(2)
Disclosable interests. Any Town officer or employee who has, will
have, or later acquires an interest in any actual or proposed contract
with the Town shall disclose in writing the nature and extent of that
interest in accordance with § 803 of the General Municipal
Law and promptly file such written disclosure with the Town Clerk.
The Town Clerk shall cause a copy of that disclosure to be filed promptly
with the Ethics Board.
(3)
Violations. Any Town officer or employee who willfully and knowingly
violates the provisions of this section shall be guilty of a misdemeanor,
to the extent provided by § 805 of the General Municipal
Law.
A.
Whenever a Town officer or employee is required to recuse himself or herself pursuant to § 17-4 of this chapter, he or she shall:
(1)
Immediately refrain from participating further in the matter;
(2)
Promptly inform his or her superior, if any; and
(3)
Promptly file with the Town Clerk a signed statement disclosing the
nature and extent of the prohibited action or, if a member of a board,
shall state that information upon the public record of the board.
A.
Where a person requests the Town or a Town officer or employee to take or refrain from taking any action (other than a ministerial act) that may result in a financial benefit both to such person and to either any officer or employee of the Town, or to one of the other persons listed in § 17-4A of this chapter, such person shall disclose the names of any such persons, including Town officers or employees, that may financially benefit from such action or inaction by the Town or a Town officer or employee, to the extent known to such person at the time of the request.
B.
If the request is made in writing, the disclosure shall accompany
the request. If the request is oral and made at a meeting of a public
body, the disclosure shall be set forth in the public record of the
body. If the request is oral and not made at a meeting of a public
body, the disclosure shall be set forth in a writing filed with the
Town Clerk.
A.
Disclosure. Every application, petition, or request submitted for
a variance, amendment, change of zoning, approval of a plat, exemption
from a plat or official map, license, or permit, pursuant to the provisions
of any ordinance, local law, rule, or regulation constituting the
zoning and planning regulations of the Town shall state the name,
residence and nature and extent of the interest of any Town officer
or employee in the person or entity making such application, petition
or request, to the extent known to such applicant and as otherwise
required by § 809 of the General Municipal Law of the State
of New York.
B.
Violations. Any person who willfully and knowingly violates the provisions
of this section shall be guilty of a misdemeanor, to the extent provided
by § 809 of the General Municipal Law.
Any contract or agreement entered into, by or with the Town which results in or from a violation of any provision of §§ 17-4, 17-4K and 17-5 of this chapter shall be void unless ratified by the Town Board. Such ratification shall not affect the imposition of any criminal or civil penalties pursuant to this chapter or any other provision of law.
A.
Disciplinary action. Any Town officer or employee who engages in
any action that violates any provision of this chapter may be warned,
reprimanded, suspended or removed from office or employment, or be
subject to any other sanction authorized by law or collective bargaining
agreement, by the person or body authorized by law to impose such
sanctions. A warning, reprimand, suspension, removal, or other authorized
sanction may be imposed in addition to any other penalty contained
in this chapter or in any other provision of law.
B.
Civil fine. Any Town officer or employee who violates any provision
of this chapter may be subject to a civil fine of up to $500 for each
violation. A civil fine may be imposed in addition to any other penalty
contained in any other provision of law or in this chapter.
C.
Damages. Any person, whether or not a Town officer or employee, who
violates any provision of this chapter shall be liable in damages
to the Town for any losses or increased costs incurred by the Town
as a result of the violation. Such damages may be imposed in addition
to any other penalty contained in any other provision of law or in
this chapter.
D.
Misdemeanor. Any person, whether or not a Town officer or employee,
who intentionally or knowingly violates any provision of this chapter
shall be guilty of a Class A misdemeanor and, upon conviction thereof,
if a Town officer or employee, shall forfeit his or her Town office
or employment.
A.
Any resident, officer, or employee of the Town may initiate an action
or special proceeding, as appropriate, in the court of appropriate
jurisdiction for injunctive relief to enjoin an officer or employee
of the Town from violating this chapter or to compel an officer or
employee of the Town to comply with the provisions of this chapter.
In lieu of, or in addition to, injunctive relief, the action or special
proceeding, as appropriate, may seek a declaratory judgment.
B.
No action or special proceeding shall be prosecuted or maintained pursuant to Subsection A of this section, unless:
(1)
The plaintiff or petitioner shall have filed with the Ethics Board
a sworn complaint alleging the violation by the officer or employee;
(2)
It shall appear by, and as an allegation in, the complaint or petition
filed with the court that at least six months have elapsed since the
filing of the complaint with the Ethics Board and that the Ethics
Board has failed to file a determination in the matter; and
(3)
The action or special proceeding shall be commenced within 10 months
after the alleged violation occurred.
A.
Ethics Board established. The Board of Ethics for the Town of Niskayuna
is hereby established. The Town Attorney, or Deputy Town Attorney
in his or her stead; shall serve as counsel to the Board of Ethics.
B.
Qualifications of members of Ethics Board.
(1)
No Board member shall hold office concurrently in a political party
or be employed or act as a lobbyist or hold elective office in any
local, state or federal government. A Board member may make campaign
contributions and may participate in any election campaign.
(2)
Ethics Board members must be residents of the Town of Niskayuna throughout
their tenure as Board members; provided, however, that a member appointed
because he or she is an officer or employee of the Town shall not
be subject to this requirement.
C.
Appointment of Ethics Board members; term of office.
(1)
The Board of Ethics shall consist of five members.
(2)
Of the total membership of the Board, no more than two shall be registered
in the same political party. Of the total membership of the Board,
no more than one shall be Town officers or employees.
(3)
Within 30 days after the effective date of this chapter, and no later
than December 31 each year thereafter, the Town Board shall appoint
members to the Board.
(4)
An Ethics Board member shall serve until his or her successor has been appointed. Consecutive service on an Ethics Board shall not exceed two full terms; initial terms, as defined in § 17-13C(5), may not be used in calculating the number of terms served.
(5)
The term of office of Ethics Board members shall be three years and
shall run from January 1 through December 31, except that of the members
first appointed two members shall serve until December 31 of the year
in which the Ethics Board is established, two shall serve until the
second December 31, and one shall serve until the third December 31.
(6)
The members of the Board shall not receive compensation but are authorized
to incur any and all expenses necessary to effectuate the purposes
of the Board within amounts which are to be appropriated by the Town
Board annually.
(7)
The Town Board of the Town of Niskayuna shall appoint alternate members
as provided below:
[Added 9-28-2021 by L.L. No. 5-2021]
(a)
The number of alternate members so appointed pursuant to this subsection
shall not exceed three;
(b)
Alternate members shall be appointed to serve through December 31,
2023; and thereafter on the first day of January next succeeding the
second biennial Town election held after the time of the establishment
of such position, and biannually thereafter, the Town Board shall
appoint three alternate members who shall hold membership for a term
of two years;
(c)
The Chairman of the Ethics Board shall assign the alternate members
as necessary when absence of regular members of the Board, disability
of regular members of the Board or a conflict of interest of regular
members of the Board would otherwise prevent any three of the regular
members of the Board from considering any pending matter;
(d)
Once designated to serve on a particular matter before the Board,
the alternate members shall have the same powers and duties as regular
members of the Board. Any determination by the Board consisting of
alternate members shall have the same weight and be entitled to the
same authority as the act or deed of the regular Ethics Board, and
all laws, statutes and regulations shall apply and be applied with
equal force and effect; and
(e)
Alternate members may be in attendance at all meetings, but may not
participate in an official capacity in any Board activity in which
all members are in attendance and able to act.
D.
Ethics Board vacancies. Vacancies on the Board of Ethics shall be
filled by Town Board appointment for the unexpired term of the member.
E.
Removal of Ethics Board members. An Ethics Board member may be removed
from office by the Town Board for failure to meet the qualifications
set forth in this chapter, substantial neglect of duties of office,
or violation of this chapter, after written notice and opportunity
for reply.
F.
Ethics Board meetings. The Town Board shall select a Chairman, and,
at its first meeting each year, the Ethics Board shall elect a Vice
Chairman and Secretary from among its members. The Ethics Board shall
meet quarterly. A quorum shall be three members, and a majority of
the full Board shall be required for the Board to take formal action.
The Chair or any member may call a meeting of the Board.
G.
Jurisdiction, powers and duties of Ethics Board.
(1)
The Ethics Board may act only with respect to officers and employees
of the Town of Niskayuna subject to the Board's jurisdiction.
(2)
The termination of a Town officer's or employee's term of office
or employment with the Town (on a voluntary or involuntary basis)
shall not affect the jurisdiction of the Board with respect to the
requirements imposed by this chapter on a former officer or employee.
However, in no event shall the Board have jurisdiction over a former
officer or employee where a hearing has not been commenced pursuant
to the provisions of this chapter within one year of the termination
of a Town officer's or employee's term of office or employment with
the Town.
(3)
The Board shall have the following powers and duties:
(a)
To prescribe and promulgate rules and regulations by resolution
of the Board, governing its own internal organization and procedures
in a manner consistent with this, and to cause to be filed with the
office of the Town Clerk and the office of the Town Attorney a copy
of those rules and regulations and any amendments thereto;
(b)
To review, index, maintain on file, and dispose of written complaints
and to make notifications and conduct inquiries pursuant to this chapter;
(c)
To conduct hearings, recommend disciplinary action to the appropriate
appointing authority, pass resolutions of censure where appropriate,
make referrals, and initiate appropriate actions and proceedings pursuant
to this chapter;
(d)
To render, index, and maintain on file advisory opinions pursuant
to this chapter;
(e)
To provide for training, assistance to, and education of officers
and employees pursuant to this chapter, including the development
and distribution of a plain-language ethics guide for use by Town
employees and officers, including all forms developed by the Ethics
Board;
(f)
To report annually to the Supervisor and Town Board regarding
the Board's operations of the previous year, and to make recommendations
to the Supervisor and Town Board, as needed, for changes to this chapter;
(g)
To request that the Supervisor appoint such staff as is necessary
to carry out its duties under this chapter, and to delegate authority
to such staff to act in the name of the Ethics Board between meetings
of the Ethics Board, provided that the delegation is in writing and
the specific powers to be delegated are enumerated, and further provided
that the Ethics Board shall not delegate the power to conduct hearings,
determine violations, recommend disciplinary action, refer any matter
to a prosecutor, or render any advisory opinion.
H.
Review of lists and disclosure statements.
(2)
If the Ethics Board determines that a disclosure statement is deficient
or reveals a possible or potential violation of this chapter, the
Ethics Board shall notify the person in writing, state the deficiency
or possible or potential violation, provide the person with a thirty-day
period to cure the deficiency, and advise the person of the penalties
for failure to comply with this chapter. Such notice shall be confidential
to the extent permitted by the Public Officers Law. If the person
fails to cure the deficiency within the specified time period, the
Commission shall send a notice of delinquency:
I.
Inquiries.
(1)
Upon receipt of a written complaint by any person alleging a violation
of this chapter or upon determining on its own initiative that a violation
of this chapter may exist, the Ethics Board shall have the power and
duty to conduct any inquiry necessary to carry out the provisions
of this chapter. The Ethics Board may administer oaths or affirmations.
In conducting any inquiry pursuant to this section and after first
having sought and been denied cooperation and voluntary compliance
with the course of its inquiry, the Ethics Board may subpoena witnesses,
compel their attendance, and require the production of any books or
records which it may deem relevant and material.
(2)
Nothing in this section shall be construed to permit the Ethics Board
to conduct an inquiry of itself or of any of its members or staff.
In the event the Ethics Board receives a complaint alleging that the
Ethics Board or any of its members or staff has violated any provision
of this chapter, or any other law, the Board shall promptly transmit
a copy of the complaint to the Supervisor and the Town Board.
(3)
The Ethics Board shall state in writing the disposition of every
written complaint it receives and of every inquiry it conducts and
shall set forth the reasons for the disposition. All such statements
and all written complaints shall be indexed and maintained on file
by the Ethics Board.
(4)
Any person filing a written complaint with the Ethics Board shall
be notified in writing of the disposition of the complaint.
J.
Hearings; disciplinary action.
(1)
Disciplinary action. In its discretion, after a hearing providing
for due process procedural mechanisms and subject to any applicable
provisions of law and collective bargaining agreements, the Ethics
Board may recommend appropriate disciplinary action pursuant to the
provisions of this chapter. In the case of a hearing held by the Board,
the due process procedural mechanisms shall be substantially similar
to those set forth in Article 3 of the State Administrative Procedure
Act. The recommendation of the Ethics Board shall be made to the appointing
authority or person or body authorized by law to impose such sanctions.
The Ethics Board shall conduct and complete the hearing with reasonable
promptness, unless, in its discretion, the Ethics Board refers the
matter to the authority or person or body authorized by law to impose
disciplinary action or unless the Ethics Board refers the matter to
the appropriate prosecutor. If such a referral is made, or if a matter
is the subject of another governmental inquiry investigation or judicial
proceeding, the Ethics Board may adjourn the matter pending a final
determination of such matter by the other authority, person, body,
or prosecutor.
(2)
Prosecutions. The Ethics Board may refer to the appropriate prosecutor
possible criminal violations. Nothing contained in this chapter shall
be construed to restrict the authority of any prosecutor to prosecute
any criminal violation.
(3)
Construction as to Ethics Board. Nothing in this section shall be
construed to permit an Ethics Board to take any action with respect
to any alleged violation of this chapter, or of any other law, by
an Ethics Board member or members. Any inquiries regarding Ethics
Board members shall be conducted by the Town Board under procedures
consistent with the procedures set forth in this chapter.
K.
Advisory opinions.
(1)
Upon the written request of any Town officer or employee, the Ethics
Board shall render a written advisory opinion with respect to the
interpretation or application of this chapter or of Article 18 of
the General Municipal Law of the State of New York. Any other person
may similarly request an advisory opinion, but only with respect to
whether his or her own action might violate a provision of this chapter
or Article 18, or such request may be made through a Town officer
or employee.
(2)
In rendering advisory opinions, the Ethics Board may request the
advice and counsel of the attorney employed by the Ethics Board or,
if none, the Town Attorney.
(3)
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 opinion may also
be relied upon by such person and may be introduced and shall be a
defense in any criminal or civil action. 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.
(4)
Advisory opinions and requests for advisory opinions shall be indexed
and maintained on file by the Ethics Board.
(5)
Any person aggrieved by an advisory opinion 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.
(6)
Any person who has submitted to the Ethics Board a written request
for an advisory opinion may bring a special proceeding pursuant to
Article 78 of the Civil Practice Law and Rules for an order compelling
the Ethics Board to issue the advisory opinion. In addition to, or
in lieu of, such injunctive relief, the person may seek a judgment
in accordance with § 3001 of the Civil Practice Law and
Rules determining the question posed in the request for the advisory
opinion. No action or special proceeding shall be prosecuted or maintained
pursuant to this subsection unless:
(a)
It shall appear by, and as an allegation in, the petition or
complaint that at least six months have elapsed since the filing of
the request and that the Ethics Board has failed to file any determination
in the matter; and
(b)
The action or special proceeding shall be commenced within 10
months after the submission of the request for the advisory opinion.
L.
Public inspection of records; public access to meetings.
(1)
Notwithstanding the provisions of Article 6 of the Public Officers
Law of the State of New York, the only records of the Ethics Board
which shall be available for public inspection are:
(2)
Notwithstanding the provisions of Article 7 of the Public Officers Law or by other applicable state or federal law or regulation, no meeting or proceeding of the Ethics Board, including any such proceeding contemplated under § 17-13H through J of this chapter, shall be open to the public, except upon the request of the Town officer or employee under investigation, or as expressly provided otherwise by the Town Board.
M.
Judicial review. 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.
A.
No existing right or remedy shall be lost, impaired, or affected
by reason of this chapter.
B.
Nothing in this chapter shall be deemed to bar or prevent a present
or former Town officer or employee from timely filing any claim, account,
demand, or suit against the Town on behalf of himself or herself or
any member of his or her family arising out of personal injury or
property damage or any lawful benefit authorized or permitted by law.
C.
If any provision of this chapter is held by a court of competent
jurisdiction to be invalid, that decision shall not affect the validity
and effectiveness of the remaining provisions of this chapter.
A.
Within 30 days after the effective date of this section, and thereafter
as appropriate, the Ethics Board shall transmit to the Supervisor
and Town Clerk, in a form suitable for posting, copies of those provisions
of this chapter which the Town Board deems necessary for posting in
the Town. Within 10 days after receipt of those copies, the Town Clerk
shall cause the copies to be posted conspicuously in a place designated
for the posting of public notices.
B.
Within 30 days after the effective date of this section, and thereafter
as appropriate, the Ethics Board shall transmit to the Supervisor,
or other Town officer or employee as designated by the Supervisor,
in a form suitable for distribution, copies of those provisions of
this chapter which the Town Board deems necessary for distribution
to the Town officers and employees. Within 10 days after receipt of
those copies, the Supervisor, or his or her designee, shall cause
the copies to be distributed to every Town officer and employee, and
made readily available to the public. Every Town officer or employee
elected or appointed thereafter shall be furnished a copy of those
provisions within 10 days after entering upon the duties of his or
her position.
C.
Failure of the Town to comply with the provisions of this section
or failure of any Town officer or employee to receive a copy of the
provisions of this chapter shall have no effect on the duty of compliance
with this chapter or on the enforcement of its provisions.
