As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
Any person that receives a salary or wage from the Town of
New Castle.
FAMILY MEMBER
A parent, stepparent, sibling, stepsibling, spouse, child,
stepchild, grandparent, household member, or domestic partner of a
Town officer or employee, and individuals having any of these relationships
to the spouse of the officer or employee.
INTEREST
A direct or indirect monetary, financial or material benefit,
but does not include any benefit arising from the provision or receipt
of any services generally available to the residents or taxpayers
of the Town or an area of the Town, or a lawful class of such residents
or taxpayers. A Town officer or employee is deemed to have an interest
in any matter involving:
A.
Any firm, partnership, association of which he or she, his or
her spouse, or a member of his or her household, is an owner, partner,
member, director, officer or employee; and
B.
Any corporation of which any such person is a director, officer
or employee, or directly or indirectly owns or controls more than
5% of the corporation's outstanding stock.
OFFICER
A person serving as a paid or unpaid official of the Town
of New Castle, including, but not limited to, elected officers, members
of the Town's governing board, any of its administrative boards (e.g.,
Planning Board, Zoning Board of Appeals), commissions, committees,
agencies, department heads and others who serve in a similar capacity.
TOWN OFFICER OR EMPLOYEE
An officer, employee or member of any board, committee, commission,
agency or department of the Town of New Castle.
No Town officer or employee or former Town officer or employee
who acquires confidential information in the course of exercising
or performing his or her official powers or duties may disclose or
use such information unless the disclosure or use is required or allowed
by law or in the course of exercising or performing his or her official
powers and duties. For purposes of this section, "confidential" shall
mean any information which is prohibited from disclosure by law or
privilege; information which is of a personal or financial nature
concerning any Town officer or employee; and any information which,
if disclosed, will compromise the interests of the Town of New Castle.
[Added 9-26-2017 by L.L.
No. 7-2017]
A. The Board of Ethics shall have the authority to investigate complaints,
hold hearings and render advisory opinions to the Town Board with
respect to alleged acts or omissions by any Town officer or employee
in violation of this Code of Ethics and/or Article 18 of the General
Municipal Law. Any individual or entity may initiate such a complaint
by submitting a concise, notarized statement of allegations to the
Chairperson of the Board of Ethics or any member thereof. The Board
of Ethics shall cause a copy of such complaint to be mailed or otherwise
furnished to the Town officer or employee who is the subject of the
complaint.
B. Within 60 days of receipt of such complaint, the Board of Ethics
shall determine whether there is reasonable cause to believe that
a violation of the Town Code or Article 18 of the General Municipal
Law has occurred, provided that any such finding of reasonable cause
shall require an affirmative vote of at least 75% of its members constituting
a quorum.
C. In the event the Board of Ethics determines that a complaint does
not allege a violation of the Town Code or Article 18 of the General
Municipal Law, written notice of such finding shall be mailed or otherwise
furnished to the complainant and the Town officer or employee who
is the subject of the complaint.
D. In the event that the Board of Ethics determines there is reasonable
cause to believe a violation has occurred, written notice of such
finding shall be promptly mailed or otherwise furnished to the complainant
and the Town officer or employee who is the subject of the complaint.
If reasonable cause is established, the Board of Ethics shall conduct
an investigation or hearing, as it deems necessary, to develop a fair
and complete factual record relating to the subject matter of the
complaint. The Board of Ethics shall afford the Town officer or employee
who is the subject of the complaint an opportunity to be heard, including,
without limitation, the opportunity to review any documents that the
Board of Ethics has received from the complainant. In the event that
the Board of Ethics conducts a hearing, testimony shall be taken under
oath and a transcript of the proceeding shall be made. The Town shall
furnish a copy of any hearing transcript to the Town officer or employee
who is the subject of the complaint.
E. Within 45 days of the completion of any investigation or hearing,
the Board of Ethics shall issue a written advisory opinion setting
forth its findings. A copy of the advisory opinion, together with
copies of any hearing transcript and all documents reviewed by the
Ethics Board in connection with its investigation or hearing, shall
be provided to the Town Board and the Town officer or employee who
is the subject of the complaint.
F. No advisory opinion rendered by the Board of Ethics after an investigation
or hearing shall bind the Town Board. After receiving such an advisory
opinion, the Town Board may take such action as it deems warranted
under the circumstances and applicable laws.
G. Where a criminal investigation or prosecution arises out of the same
facts as an alleged ethics violation, the Board of Ethics shall suspend
any investigation or hearing concerning the alleged ethics violation
until after the criminal investigation or prosecution is concluded.
H. The Board of Ethics shall have the power from time to time to adopt
rules and regulations, not inconsistent with law or this chapter,
governing its procedures and transaction of its business. Every such
rule and regulation shall be filed in the office of the Town Clerk
and shall constitute a public record.