A. 
There is hereby established a Board of Ethics consisting of five members, each of whom shall reside in the County of Cayuga as of the date of his or her appointment and who shall serve without compensation.
B. 
The initial five members to be appointed by the Cayuga County Legislature shall consist of two recommendations made to the Chair by the Majority Leader of the Cayuga County Legislature, two recommendations made to the Chair by the Minority Leader of the Cayuga County Legislature, and one recommendations by the Chair who is not designated to either the Majority or Minority Party.
C. 
The term of office for each Ethics Board member shall be five years, running from January 1 through December 31, and the terms shall be staggered so that one member is appointed/reappointed each year as follows:
(1) 
The first appointment to the Board of Ethics shall serve for a term of one year;
(2) 
The second appointment to the Board of Ethics shall serve for a term of two years;
(3) 
The third appointment to the Board of Ethics shall serve for a term of three years;
(4) 
The fourth appointment to the Board of Ethics shall serve for a term of four years;
(5) 
The fifth appointment to the Board of Ethics shall serve for a term of five years.
D. 
Thereafter each appointment or reappointment shall serve for five years and shall be made according to § 40-32A and B.
E. 
The Board of Ethics shall have at least three members who are persons other than a County officer or employee and at least one member who is a County officer or employee.
F. 
No more than two members shall be registered in the same political party. No member of the Ethics Board shall hold a position on the executive board or committee of a political party but may be a member of such political party.
G. 
Each member of the Ethics Board shall, within 15 days of the date of his or her appointment, file a disclosure statement as described in Article III and no member of the Board of Ethics shall have any interest in any contract or transaction with the County.
H. 
No member of the Ethics Board shall serve more than three full five-year terms.
I. 
An Ethics Board member shall serve until his or her successor has been appointed.
A. 
When a vacancy occurs in the Board of Ethics, the Board shall recommend to the appropriate County Legislator, the Majority or Minority Party Leader or the Chair of the County Legislature, depending on the party of the outgoing Board member, a candidate within 30 days to fill the vacancy. The new appointment shall fill any unexpired portion of the outgoing Board member's term.
B. 
If the Board does not recommend a replacement for the vacancy within the required time limit, the appropriate County Legislator, depending on the party of the outgoing Board member, shall make the recommendation. Should the Board member be registered as unaffiliated member, the Chair of the Legislature shall recommend a replacement.
C. 
Any person recommended and appointed to fill a vacancy on the Board of Ethics shall meet the qualifications set forth in § 40-32 of this Ethics Code.
A. 
An Ethics Board member may be removed from office by a majority vote of the Cayuga County Legislature, after written notice and opportunity for reply. Grounds for removal shall be a Board member no longer being a resident of Cayuga County, failure to meet the qualifications set forth in § 40-32 of this Ethics Code, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties, or violation of this chapter.
B. 
An Ethics Board member must attend at least one scheduled meeting per year, failure to meet this requirement will give cause for removal.
A. 
The Ethics Board shall meet at least two meeting per year including, but not limited to, an organizational meeting held every January, and at such other times as the Chair or majority of the Ethics Board shall convene them and within 30 days after receipt of a written request.
B. 
At each year's organizational meeting, the Ethics Board shall vote to appoint a Chair, Vice Chair and Secretary for the Board.
C. 
A majority of the Ethics Board (quorum) shall be required to conduct any business at a meeting and take any action.
D. 
The Chair or a majority of the Board may call a meeting of the Board.
E. 
Board of Ethics meetings may be conducted in person or virtually. If a member is unable to attend in person or virtually, that member may attend telephonically and shall be counted towards the quorum.
A. 
The Board of Ethics shall possess all powers and duties authorized by § 808 of the General Municipal Law.
B. 
The Board of Ethics shall render advisory opinions in writing, upon written request received from any County officer or employee with respect to this chapter and Article 18 of the General Municipal Law of the State of New York. Such opinions shall be rendered only upon written request by the County officers or employees concerning only the subject of inquiry as it pertains to the requesting individual.
(1) 
Whenever a request for an advisory opinion is received, the County officer or employee who requested the opinion shall be notified of the request within five business days of the receipt of the request.
C. 
The Board of Ethics may provide advisory opinions in writing, upon written request received from a governing board of any town or village within the County regarding this Ethics Code, any County officers or employee's involvement in any transaction or activity with the town or village, or the applicability of Article 18 of the General Municipal Law of the State of New York. Such opinions shall be rendered only upon written request.
(1) 
Whenever a request for an advisory opinion is received, who requested the opinion shall be notified of the request within five business days of the receipt of the request.
(2) 
The Board of Ethics shall not act with respect to the officers or employees of any municipality located within the County or agency thereof, where such a municipality has established its' own board of ethics.
(3) 
The Board of Ethics shall not render an opinion regarding the content or applicability of any ethics code, policy, or local law adopted by the requesting municipality.
D. 
The Board of Ethics shall index and maintain on file at the office of the Cayuga County Attorney's office all requests for advisory opinions or complaints.
E. 
The Board of Ethics shall upon written request from any individual receive and review all signed complaints addressing any actual or potential violation of this Ethics Code. All such complaints and allegations are to be kept in confidential records of this Board. Any such complaint must be signed by the individual complainant, and must include his or her address, telephone number, and email address, if available.
(1) 
Whenever a signed complaint is received, the individual who signed and filed the complaint shall be notified within five business days of the receipt of the complaint.
(2) 
The Board of Ethics may notify the person who is subject of the complaint at its discretion, depending on the circumstances, giving due consideration to the principles of due process and also maintaining to the extent necessary, the need for confidentiality. Prior to any referral to the Cayuga County Legislature, the subject of the investigation shall be provided notice of such referral and shall be provided 10 days to respond.
F. 
Upon the receipt of a complaint, the Board of Ethics shall first refer the same to the County Attorney's office for their review and analysis whether such complaint presents legal issues that are actionable in other judicial, criminal, or administrative forums, and whether the County Attorney's office recommends that the resolution of the ethics complaint should be held in abeyance until such judicial, criminal or administrative process is completed. After taking into consideration the County Attorney's office recommendations, the Board shall determine whether or not to proceed with the complaint proceeding.
G. 
The Board of Ethics shall administer and enforce this code and conduct any investigations necessary to carry out the provisions hereof. The Board of Ethics may administer oaths, take testimony, and upon the counsel and issuance by the County Attorney's office, subpoena witnesses, compel their attendance and require the productions of any books or records that it deems relevant or material.
H. 
The Board of Ethics, with advice and counsel from the Cayuga County Attorney's office, upon its formation, shall promulgate rules and regulations as to its form and procedures in a manner consistent with this chapter and shall maintain appropriate records of its opinions and proceedings.
(1) 
Such rules and regulations shall include rules governing advisory opinions, complaints, and the conduct of adjudicatory proceedings and appeals relating to the recommendation and assessment of civil penalties herein authorized in this chapter.
(2) 
Such rules and regulations shall provide for due process procedural protections.
I. 
The Board of Ethics is a deliberative body and speaks only through its duly rendered opinions and decisions, individual members of the Board shall refrain from public statements unless authorized by Public Officers Law Article 7.
J. 
The Board of Ethics shall prepare and submit an annual report summarizing the activities of the Board to the Cayuga County Legislature by February 15 of each year. The report may also recommend changes to the text or administration of this chapter. A copy of the report shall be maintained by the County Attorney's office.
The Cayuga County Attorney's office shall serve as counsel to the Board of Ethics unless the County Attorney's office advises that there is a conflict of interest requiring outside counsel. In such event, the Board of Ethics shall make a written request to the Cayuga County Legislature who shall authorize the Board of Ethics to engage in outside legal counsel.