[HISTORY: Adopted by the Town Board of the Town of Southeast 5-9-2013 by L.L. No.
7-2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 18, Ethics, Code of, adopted 9-8-1970, as amended.
A.
It is the policy of the Town of Southeast that all officers and employees
must avoid conflicts or potential conflicts of interest which shall
exist whenever an officer or employee has an interest, direct or indirect,
which conflicts with his or her duty to the Town or which could adversely
affect an individual's judgment in the discharge of his or her responsibilities.
The purposes of this chapter are:
(1)
To establish high standards of ethical conduct for officers and employees
of the Town;
(2)
To afford officers and employees of the Town clear guidance on such
standards;
(3)
To promote public confidence in the integrity of the governance and
administration of the Town and its agencies and administrative offices;
(4)
By requiring public disclosure of financial interests that may influence
or be perceived to influence the actions of Town officers and employees,
to facilitate consideration of potential ethical problems before they
arise, and enhance the accountability of government to the people;
and
(5)
To provide for the fair and effective administrative of this Code
of Ethics and Financial Disclosure Law.
B.
Every officer or employee of the Town of Southeast shall be subject
to and abide by the standards of conduct set forth in this chapter.
Unless otherwise stated or unless the context otherwise requires,
when 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, by e-mail or other
electronic means, or by telephone.
The Board of Ethics of the Town of Southeast established pursuant to § 18-12.
Any person to whom a Town officer or employee has supplied goods
or services during the previous 12 months having, in the aggregate,
a value greater than $5,000; 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 $5,000, but
only if the Town officer or employee knows or has reason to know the
outside employer or business supplied the goods or services.
Includes any money, service, license, permit, contract, authorization,
loan, travel, entertainment, hospitality, 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 permitted by law.
Any person with whom a Town officer or employee lives as
a single household unit.
An administrative act carried out in a prescribed manner
not allowing for substantial personal discretion.
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 of 5% or more.
For purposes of this definition, "compensation" shall not include
reimbursement for necessary expenses, including travel expenses.
Includes individuals and entities.
A spouse, ex-spouse, child, stepchild, sibling, half-brother,
half-sister, parent, stepfather, stepmother, mother-in-law, father-in-law,
brother-in-law, sister-in-law, partner, cohabitant, grandparent, grandchild,
uncle, aunt, niece, nephew, and first cousin. "Relative" shall also
include any person claimed as a dependent on the New York State individual
tax return of a Town officer or employee.
The Town of Southeast.
Any Town of Southeast department or division, board, commission
or bureau of any Town of Southeast department, but shall not include
the Town Court.
Any officer or employee of the Town, whether paid or unpaid,
elected or appointed, hired or retained, and includes, without limitation,
all members of any office, board, body, advisory board, council, commission,
agency, department, district, administration, division, bureau, or
Board of Ethics of the Town. "Town officer or employee" shall not
include:
A.
A volunteer firefighter or civil defense volunteer.
A.
A
Town officer or employee shall not take or fail to take any action
which he or she knows or has reason to know may result in a personal
financial benefit for any of the following persons:
B.
No
Town officer or employee shall engage in a business or transaction
or have an interest that is prohibited by Article 18 of the General
Municipal Law of the State of New York, nor shall such person have
an interest in any contract that is prohibited by Article 18 of the
General Municipal Law of the State of New York.
C.
No
Town officer or employee shall, directly or indirectly, solicit any
gift, or accept or receive any gift having a value of $75 or more
from one person in any twelve-month period, whether in the form of
money, service, loan, travel, entertainment, hospitality, thing or
promise, or in any other form, under circumstances in which it could
reasonably be inferred that the gift was intended to influence him
or her or could reasonably be expected that the gift would influence
him or her in the performance of his or her official duties or was
intended as a reward for any official action on his or her part.
D.
A
Town officer or employee shall not represent any other person in any
matter that person has before any Town agency.
E.
A
Town officer or employee shall not appear before any agency of the
Town except on his or her own behalf or on behalf of the Town.
F.
No
Town officer or employee shall disclose confidential information acquired
by him or her in the course of official duties or use such information
to further his or her personal interest or use, for profit of himself
or herself or others, information about the property, affairs, finances
or government of the Town that is not generally available to the public,
exclusive of information available to the public under the Freedom
of Information statutes.
G.
A
Town officer or employee shall not require or authorize anyone else
to require any subordinate of the officer or employee or vendor to
participate in an election campaign or contribute to a political party
or campaign. No vendor shall participate in an election campaign or
contribute to a political party, candidate, or campaign while a contractual
obligation has been proposed or actually exists with the Town of Southeast.
Any vendor who violates this provision is subject to the termination
of the contract.
H.
No
person who has served as a municipal officer or employee of a Town
agency shall, within a period of two years after the termination of
such service or employment:
(1)
Appear before any board or agency of Town of Southeast (except on
his or her own behalf or on behalf of the Town); or
(2)
Receive compensation for any services rendered on behalf of any person
(other than for himself or herself), firm, corporation or association,
or vendor in relation to any case, proceeding or application with
respect to which such person was directly concerned or in which he
or she personally participated during the period of his or her service
of employment or which was under his or her active consideration.
I.
No
Town employee shall use or permit the use of Town property (including
land, vehicles, equipment, materials and/or any other property) for
personal convenience or profit, except when such use is available
to Town citizens generally or is provided as a condition of Town employment
or as a matter of Town policy.
J.
No
Town Board member, officer or employee shall use the seal or letterhead
of the Town, or other identifying writings or marks, in any correspondence,
electronic mail, or other writing except for official business of
the Town. The Town does not authorize the use of its name, seal, or
letterhead for any political, personal, or other use not related to
official Town business. The Town Board shall designate the official
letterhead of the Town at its organizational meeting. In order to
avoid any confusion or misrepresentation, no Town officer or employee
shall use any other letterhead for any purpose on behalf of the Town,
whether paid for by the Town, an individual, or third party. No Town
Board member, officer or employee shall use any Town property, computers,
or phones for personal or political purposes.
The provisions shall not prohibit:
A.
An action specifically authorized by statute, rule, or regulation
of the State of New York or of the United States.
B.
A ministerial act.
C.
Gifts accepted on behalf of the Town and transferred to the Town.
D.
Gifts or benefits permitted in § 11 of the Domestic Relations
Law of the State of New York for the solemnization of a marriage by
a Town officer or employee.
E.
An award to a Town officer or employee from a charitable organization,
and complimentary attendance by the Town officer or employee and his
or her relatives at an event or function at which the award is presented,
provided that, if the charitable organization contracts with or otherwise
applies for or receives funding from the Town, the amount or value
of such award is $75 or less.
F.
Representation of constituents by elected officials without compensation
in matters of public advocacy.
G.
Complimentary attendance by a Town officer or employee at a private
organization's event or function, including a meal or meals furnished
to all attendees, provided that:
(1)
The Town officer or employee reasonably determines that his or her
attendance at the event or function is necessary or desirable for
the proper performance of his or her Town duties and responsibilities;
and
A Town officer or employee shall promptly report to the Board
of Ethics any attempt by any other person to induce him or her to
violate any of the provisions of this chapter, whether or not the
other person is also a Town officer or employee.
A.
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.
B.
Disclosable
interests.
(1)
Any Town officer or employee who has, will have, or later acquires
a personal financial benefit from any legislation before the Town
of Southeast Town Board or any actual or proposed contract with the
Town shall publicly disclose the nature and extent of such personal
financial benefit. In the case of legislation, such disclosure shall
be made to the Clerk of the Town, in writing, as well as (in the case
of a Town Board member) publicly on the record of a legislative session,
as soon as he or she has knowledge of such actual or prospective interest,
and such disclosure shall be made part of and set forth in the official
record of the proceedings of the Town Board. In the case of a contract,
such disclosure shall be made in writing to or by the person executing
the contract on behalf of the Town, by an addendum to the contract
or other communication that shall be attached to the contract.
(2)
Once disclosure has been made by an officer or employee with respect
to an interest in a specific contract with a particular person, firm,
corporation or association, each additional contract will need further
disclosures by such officer or employee.
(3)
Any Town officer or employee who takes an action which he or she knows or has reason to know may result in a personal financial benefit for a person from whom the Town officer or employee has received election campaign contributions of more than $75 in the aggregate during the past 12 months shall disclose that fact in writing at the time of taking the action. In the case of legislation or a Town contract, such disclosure shall be made in accordance with Subsection B(1).
(4)
Every Town officer and employee shall also disclose publicly any
conflict of interest as and to the extent required by § 803
of Article 18 of the General Municipal Law of the State of New York.
C.
Violations. Any Town officer or employee who willfully and knowingly
violates the provisions of this section shall be guilty of a Class
A misdemeanor to the extent provided by § 805 of the General
Municipal Law.
A.
Officers and employees required to file. The Town Board shall determine
annually, by resolution, no later than at its organizational meeting,
which Town officers or employees shall be required to comply with
the disclosure requirements herein, based upon a list or recommendation
submitted by the Town Attorney/Counsel as to which Town officers and
employees are subject to such requirements in accordance with the
New York State Public Officers Law. The Town Attorney/Counsel shall
submit the list for each year no later than December 1 of the preceding
year.
B.
Time and place for filing.
(1)
Annual financial disclosure statements shall be completed and returned,
in sealed envelopes, to the Board of Ethics on or before May 15 of
each year.
(2)
Any person who is required to file an annual statement of financial
disclosure may request, prior to May 15 of the year for which the
employment is in effect, an extension, for a specific period of time,
of the time for filing responses to all or any part of the statement.
Such request shall be made, in writing, to the Board of Ethics and
shall substantiate justifiable cause or undue hardship or as otherwise
required by law. The Board of Ethics may grant or deny the request,
and extensions shall be for the specific period of additional time
requested or as otherwise required by law.
(3)
The Board of Ethics will review the contents of the envelope as to
its completeness. All information enclosed will be subject to the
Freedom of Information Law of the State of New York. All personal
information will be redacted.
(4)
The annual financial disclosure statement form shall be supplied
by the Board of Ethics, by no later than January 15 of each year,
to those persons who are required to file. It shall be substantially
in the form approved by the Town Board and shall contain language
advising those persons of their continuing duty to disclose known
conflicts of interest.
(5)
A failure to file an annual disclosure form, or a failure to disclose
true and accurate information required thereby, shall be a violation
of this chapter.
(6)
Failure to disclose the information required by the disclosure statement with respect to a Town officer's or employee's spouse or dependent children shall not constitute a violation of Subsection B(4) if the officer or employee has made a good-faith effort to obtain the information and if he or she also sets forth those efforts in his or her disclosure statement.
Any contract willfully entered into by or with the Town in which
there is an interest prohibited by Article 18 of the General Municipal
Law or this chapter shall be null, void and wholly unenforceable;
and a contract which involves a failure to make a disclosure required
by this chapter shall be null, void and wholly unenforceable unless
ratified by the Town Board after the requisite disclosure is made.
All contracts entered into between the Town and any vendor or individual
shall contain a provision acknowledging the parties have read, understood,
and agree to be bound by the provisions of this chapter.
A.
Disciplinary action.
(1)
Any Town officer or employee who fails to file a disclosure statement
after notice has been given of the failure to file, or who files an
incomplete or inaccurate disclosure statement after notice and an
opportunity to complete or correct the filed statement, or who engages
in any action that violates any provision of this chapter, may, upon
written recommendation of the Board of Ethics, be warned or reprimanded
or suspended or removed from office or employment, or be subject to
any other sanction authorized by law or collective bargaining agreement,
by the appointing authority or person or body authorized by law to
impose such sanctions. A warning, reprimand, censure, 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. Such recommendation by the Board of Ethics shall be made to
the Southeast Town Board only after a hearing providing for due process
procedural mechanisms and subject to any applicable provisions of
law and collective bargaining agreements.
(2)
The Board shall conduct and complete the hearing within 120 days,
unless the time period is waived by the parties involved in the hearing.
In its discretion, the Board may refer the matter to the appropriate
authority or person or body authorized by law to impose disciplinary
action unless the Board refers the matter to the appropriate prosecutor.
In such a referral, the Board may adjourn the matter pending determination
by the authority, person, body, or prosecutor.
B.
Civil penalty. Any Town officer or employee who violates any provision of this chapter may, upon recommendation by the Board of Ethics to the Southeast Town Board, be subject to a civil penalty of up to $1,000 for his or her failure to file a true, complete and accurate disclosure statement or up to $10,000 for any other violation. A civil penalty may be imposed in addition to any other penalty contained in any other provision of law or in this chapter. A civil penalty may not be imposed for a violation of § 18-3. Such recommendation by the Board of Ethics shall be made only after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law and collective bargaining agreements. The Board shall conduct and complete the hearing with reasonable promptness. The civil penalty shall be payable to the Town. In the event that the Town is required to institute legal proceedings to collect all or any part of a civil penalty imposed upon a person hereunder, the Town shall be entitled to recover from the person any and all associated costs incurred by the Town, if any, including legal fees, and interest upon any unpaid civil penalty calculated at the statutory rate.
C.
Misdemeanor. A Town officer or employee who intentionally or knowingly violates any provision of this chapter shall be guilty of a Class A misdemeanor. The Board of Ethics shall refer any such matter to the District Attorney for further action. This subsection shall not apply to a violation of § 18-5.
Any resident, officer, or employee of the Town may initiate
an action or special proceeding, as appropriate, in a 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.
All annual financial disclosure statements required hereunder
shall be filed with and retained by the Board of Ethics. Disclosure
thereof shall be made only pursuant to law, and the Board of Ethics
may adopt appropriate rules and regulations to enforce the various
provisions of this chapter. The Board of Ethics shall destroy all
disclosure forms submitted in accordance with this chapter pursuant
to the Records Retention and Disposition Schedule as issued by the
New York State Education Department.
A.
There is hereby established a Board of Ethics consisting of five
members appointed by the Town Board, subject to confirmation by a
simple majority of the Board.
B.
The members of the Board of Ethics shall reside in the Town of Southeast.
C.
No more than one member of the Board of Ethics may be an appointed
officer or employee of the Town.
D.
No Board of Ethics member shall hold office in a political party
or be employed or act as a lobbyist or be a member of the Southeast
Town Board.
E.
The term of office of Board of Ethics members shall be three years
and shall run from January 1 through December 31; except that of the
members holding office on the effective date of this chapter, one
member shall serve until December 31 of that year, two shall serve
until the next December 31, and two shall serve until the third December
31.
F.
A Board of Ethics member shall serve until his or her successor has
been appointed; however, in no case shall consecutive service on the
Board of Ethics exceed two full terms.
G.
The members of the Board of Ethics shall not receive compensation
but shall be reimbursed for reasonable expenses incurred in the performance
of their official duties.
When a vacancy occurs in the membership of the Board of Ethics, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as the original appointment. Any person appointed to fill a vacancy on the Board of Ethics shall meet the qualifications set forth in § 18-12.
A Board of Ethics member may be removed from office in the same manner in which he or she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in § 18-12, chronic absenteeism, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter.
At its first meeting each year, the Board of Ethics shall elect
a Chair from among its members. A majority of the Board shall be required
for the Board to take any action. The Chair or a majority of the Board
may call a meeting of the Board.
A.
The Board of Ethics may only act with respect to officers and employees
of the Town.
B.
The termination of a Town officer's or employee's term of office
or employment with the Town shall not affect the jurisdiction of the
Board of Ethics with respect to the requirements imposed on him or
her by this chapter.
C.
Rules and regulations; powers and duties.
(1)
The Board of Ethics shall adopt rules and regulations governing its
own internal organization and procedures in a manner consistent with
this chapter. Such rules and regulations shall guarantee due process
and be consistent with all applicable state laws and be adopted after
consultation with the Southeast Attorney/Counsel.
(2)
The Board of Ethics shall have such other powers and duties as shall
be provided by or pursuant to Article 18 of the General Municipal
Law of the State of New York.
D.
In cases where the Board of Ethics deems it necessary or appropriate,
the Board may engage the services of outside counsel with the consent
of the Town Board, which consent shall not be unreasonably withheld.
A.
The Board of Ethics shall review:
(1)
The lists of officers and employees prepared pursuant to § 18-7 to determine whether the lists are complete and accurate. The Board shall recommend to the Town Board the addition or deletion of Town officers or employees in appropriate circumstances. All contracts entered into by the Town and any vendor or individual shall contain a provision acknowledging the parties have read, understood, and agreed to be bound by the provisions of this chapter.
(2)
All annual financial disclosure statements to determine whether any
person required to file such a statement has failed to file it, has
filed a deficient statement, or has filed a statement that reveals
a possible or potential violation of this chapter.
A.
Upon receipt of a signed 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 Board of Ethics shall
have the power and duty to conduct any investigation necessary to
carry out the provisions of this chapter. In conducting any such investigation,
the Board of Ethics may administer oaths or affirmations, subpoena
witnesses, compel their attendance, and require the production of
any books or records that it may deem relevant and material.
B.
The Board of Ethics shall state, in writing, the disposition of every
complaint it receives and of every investigation it conducts and shall
set forth the reasons for the disposition, to the complainant and
the Town Board. All such statements and all complaints shall be indexed
and maintained on file by the Board.
D.
Nothing in this section shall be construed to permit the Board of
Ethics to conduct an investigation of itself or of any of its members
or staff. If the Board of Ethics receives a complaint alleging that
the Board of Ethics or any of its members or staff has violated any
provision of this chapter, or any other law, the Board of Ethics shall
promptly transmit to the Town Board a copy of the complaint. The Town
Board may enter into agreements with other municipalities in Putnam
County to act in the place and stead of the Town Board or the Board
of Ethics in such circumstances in accordance with the provisions
of this chapter.
E.
The Board of Ethics may refer to the appropriate prosecutor possible
criminal violations of this chapter. Nothing contained in this chapter
shall be construed to restrict the authority of any prosecutor to
prosecute any violation of this chapter or of any other law.
F.
Nothing in this section shall be construed to permit the Board of
Ethics to take any action with respect to any alleged violation of
this chapter, or of any other law, by the Board of Ethics or by any
member or staff member thereof.
The Board of Ethics may refer any matter to the Town Attorney/Counsel
for a determination whether to initiate an action or special proceeding,
as appropriate, in a court of appropriate jurisdiction for injunctive
relief to enjoin a violation of this chapter or to compel compliance
with this chapter.
A.
The Board of Ethics shall render advisory opinions to Town officers
and employees with respect to the interpretation and application of
this chapter or Article 18 of the General Municipal Law.
B.
The Board of Ethics shall render any such advisory opinion upon a written request by a Town officer or employee. The request must relate to the Town officer or employee's official duties and responsibilities. The Board of Ethics shall acknowledge receipt of any such request within 30 days after receipt thereof and shall act upon such request within 60 days of receipt or may treat the request as a complaint governed by § 18-18.
C.
Advisory opinions of the Board of Ethics, and the identity of the
person requesting an advisory opinion, shall be confidential, and
in no event shall an advisory opinion or the identity of the Town
officer or employee be disclosed by the Board of Ethics. The person
to whom an advisory opinion is rendered may make such disclosures
with respect to the advisory opinion as he or she may wish.
The Board of Ethics:
A.
Shall make information concerning this chapter and Article 18 of
the General Municipal Law available to the officers and employees
of the Town, to the public, and to persons interested in doing business
with the Town, and post it on the Town website.
A.
The Board of Ethics shall, no later than March 15 each year, prepare
and submit an annual report to the Town Supervisor and Town Board,
summarizing the activities of the Board. The report may also recommend
changes to the text or administration of this chapter.
B.
The Board of Ethics shall periodically review this chapter and the
Board's rules, regulations, and administrative procedures to determine
whether they promote integrity, public confidence, and participation
in Town government and whether they set forth clear and enforceable,
common-sense standards of conduct and shall take or recommend action
as appropriate.
A.
The Board of Ethics shall, in accordance with its published rules,
make available for public inspection and copying all records, except
that it may deny access to records or portions thereof that are not
required to be disclosed under Article 6 of the Public Officers Law
of the State of New York or by other state or federal law or regulation.
B.
Every meeting or proceeding of the Board of Ethics shall be open
to the public, except as provided by Article 7 of the Public Officers
Law or by other state or federal law or regulation.
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 the timely
filing by a present or former municipal officer or employee of any
claim, account, demand or suit against the Town, or any Town agency,
on behalf of himself or herself or any member of his or her family
arising out of any personal injury or property damage or for 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 90 days after the effective date of this chapter, and thereafter
as appropriate, the Board of Ethics shall transmit to the Town Board
of the Town of Southeast, in a form suitable for posting, copies of
this chapter, together with a summary of those provisions of this
chapter which the Board of Ethics deems appropriate. Within 10 days
after receipt of those copies and summary, the Town Supervisor shall
cause the copies and summary to be posted conspicuously in every public
building under the jurisdiction of the Town and on the Town's website.
B.
Within 90 days after the effective date of this chapter, and thereafter
as appropriate, the Board of Ethics shall transmit to the Town Board
of the Town of Southeast, in a form suitable for distribution to the
officers and employees of the Town, copies of this chapter, together
with a summary of those provisions of this chapter which the Board
of Ethics deems appropriate. Within 10 days after receipt of those
copies, the Town Supervisor shall cause the copies and summary to
be distributed to every officer and employee of the Town and made
readily available to the public. Every Town officer or employee elected
or appointed thereafter shall be furnished a copy of this chapter
and the summary within 10 days after entering upon the duties of his
or her position.
[Amended 3-5-2020 by L.L. No. 2-2020]
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Town Accountant/Controller
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Town Architectural Review Board members (ARB)
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Town Assessor
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Town Attorney/Counsel
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Town Board of Assessment Review members
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Town Board members
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Town Building Inspector
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Town Clerk
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Town Code Enforcement Officers
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Town Ethics Board members
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Town Justices
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Town Planning Board members
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Town Special Districts Coordinator
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Town Highway Superintendent
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Town Supervisor
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Town Receiver of Taxes
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Town Zoning Board of Appeals members (ZBA)
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A.
Any Town officer or employee who violates any provision of this chapter may, upon recommendation by the Board of Ethics to the Town Board, be subject to a civil penalty of up to $1,000 for his or her failure to file a true, complete and accurate disclosure statement or up to $10,000 for any other violation. A civil penalty may be imposed in addition to any other penalty contained in any other provision of law or in this chapter. A civil penalty may not be imposed for a violation of § 18-3. Such recommendation by the Board of Ethics shall be made only after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law and collective bargaining agreements. The Board shall conduct and complete the hearing with reasonable promptness. The civil penalty shall be payable to the Town. In the event that the Town is required to institute legal proceedings to collect all or any part of a civil penalty imposed upon a person hereunder, the Town shall be entitled to recover from the person any and all associated costs incurred by the Town, if any, including legal fees, and interest upon any unpaid civil penalty calculated at the statutory rate.
