A. 
Membership. The Ethics Board shall consist of five members appointed by the Town Board.
B. 
Term of office. There is hereby established a Board of Ethics consisting of five members, to be appointed by the Town Board, who shall serve at the pleasure of the Town Board. The term of office for a member is five years, with terms to be staggered so that one member's term expires each year.
C. 
Maintenance and operation. There shall be funds appropriated annually by the Town Board toward the Ethics Board's maintenance and operation. Additional funds may be allocated as determined by the Town Board. The Ethics Board shall meet a minimum of two times a year.
D. 
Legal and advisory services.
(1) 
The Town Attorney or Attorney for the Town shall provide legal and advisory services to the Ethics Board as it may require in the performance of its duties. If the Town Attorney or Attorney for the Town has a potential conflict of interest, the Town shall make funds available for outside counsel.
(2) 
The Ethics Board shall be given access to other advisory services as needed from both the Town officials and outside resources. The Ethics Board shall determine when it requires outside, independent advisors and may seek said advice.
E. 
Compensation. Members shall serve without compensation and will be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefor.
F. 
Board Chair. The Town Board shall annually designate the Chair of the Board of Ethics. The Chair or a majority of the Board may call a meeting of the Board.
G. 
Vacancies. A person appointed to fill a vacancy shall serve the unexpired term of the member he/she replaces.
H. 
Quorum. Three members of the Board are required for the purpose of conducting a meeting. A concurring vote of three members shall be required for the Board to take action.
I. 
Failure of duties or violations. An Ethics Board member may be removed from office by a majority vote of the Town Board for failure to fulfill the duties of the office or for violation of this chapter or other good cause. The Ethics Board member shall be given written notice and an opportunity for reply.
A. 
Residency. All members of the Ethics Board shall reside in the Town of Red Hook.
B. 
Political affiliations. No more than three members of the Ethics Board may be enrolled in the same political party. No member shall hold office in a political party.
C. 
Campaign participation. A member may make campaign contributions but not otherwise participate in any Town of Red Hook election campaign.
D. 
Town affiliations. One member may, but need not, be an appointed officer or employee of the Town. No more than two members shall hold an appointive office of the Town of Red Hook or be an employee of the Town of Red Hook. No members may hold elective office in the Town of Red Hook.
E. 
Members of the Ethics Board shall be chosen for their independence, integrity, civic commitment and high ethical standards.
F. 
This section is intended to supersede the provisions of Article 18, § 808, of the General Municipal Law regarding the composition of a municipal board of ethics.
The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the Town of Red Hook, New York, with respect to Article 18 of the General Municipal Law and any Code of Ethics adopted pursuant to such article, under such rules and regulations as the Board may prescribe. In addition, the Board may make recommendations with respect to the drafting and adoption of a Code of Ethics or amendments thereto upon request of the Town Board of the Town of Red Hook.
A. 
Authority. The Board of Ethics shall administer and enforce all the provisions of this chapter.
B. 
Organization. The Board of Ethics shall prescribe and promulgate rules and regulations governing its own organization and procedures.
C. 
Advisory opinions on request. The Board of Ethics shall render advisory opinions to Town officers and employees with respect to the application of the Town Code of Ethics to such officer or employee.
(1) 
When a request for an advisory opinion is received from an officer or employee of the Town, the Board of Ethics shall index the request and place it on a meeting agenda with reasonable promptness.
(2) 
The Board of Ethics may request additional oral or written information from the requesting officer or employee.
(3) 
Advisory opinions shall be based on the applicable provisions of the Town Ethics Code.
(4) 
A copy of any written advisory opinion shall be provided to the requesting officer or employee. Such advisory opinions shall be nonbinding and shall be confidential to the extent permitted by law.
(5) 
The Board of Ethics may from time to time informally advise officers and employees regarding the provisions of the Ethics Code.
D. 
Third party complaints. The Board of Ethics shall review and render advisory opinions to the Town Board with respect to a third party complaint alleging a violation of the Town Code of Ethics.
(1) 
Any third party complaint must be signed and duly sworn, under penalty of perjury, by the individual complainant and must include his or her residence address.
(2) 
When a complaint is received, the Board of Ethics shall index the complaint and place it on a meeting agenda for discussion with reasonable promptness. The Board shall promptly provide a copy of the complaint to the employee or officer who is the subject of the complaint, except in the discretion of the Board where the complaint has been summarily dismissed or where the matter has been referred for criminal investigation.
E. 
Board review on own motion. The Board may proceed on its own motion to review compliance with the provisions of the Town Code of Ethics, and may provide advisory opinions in accordance with the procedure for the consideration of complaints.
F. 
Reasonable cause findings.
(1) 
If the Ethics Board preliminarily finds by its own review, upon the written request of any individual officer or employee, receipt of a complaint, or pursuant to an investigation initiated by the Ethics Board in carrying out the provisions of this chapter, that a possible violation of this chapter exists, the Ethics Board may, but shall not be required to, provide the person(s) affected with a reasonable opportunity, not to exceed 30 days, to cure such violation. Such a preliminary finding shall be confidential and not subject to public disclosure.
(2) 
If, following its investigation and hearing, the Ethics Board determines that there is reasonable cause to believe that a violation of this chapter has occurred, and after any grace period granted by the Ethics Board has expired and such violation remains uncured, it shall send an advisory notice of reasonable cause to the applicable officer or employee (except in the discretion of the Ethics Board where the matter has been referred for criminal investigation) and the Town Board.
(3) 
Before any such "reasonable cause" finding shall be made, the Ethics Board shall:
(a) 
Notify, in writing, the affected officer or employee as to the possible or alleged violation of this chapter;
(b) 
Afford the affected officer or employee an opportunity to submit a written response setting forth such information as said person deems relevant to the alleged violation of this chapter; and
(c) 
Upon written request, afford the affected officer or employee a hearing wherein said person may provide either a written or oral response setting forth such information as the officer or employee deems relevant to the alleged violation. Notice of such hearing shall be provided not less than 10 days prior to the hearing and such hearing may be adjourned from time to time as determined by the Ethics Board.
(4) 
The Ethics Board may determine that the complaint is unfounded, or that the alleged violation has been adequately remedied, and in such event no further action is required. The Ethics Board shall maintain a record of the disposition of written complaints.
(5) 
The Board of Ethics may waive noncompliance (other than with §§ 801 and 803 of the General Municipal Law) in the best interests of the Town, where enforcement would frustrate the purposes of this chapter.
(6) 
The Board of Ethics may request additional oral or written information from a complaining party or from the affected officer or employee. Following a hearing, if requested, the Ethics Board may render an advisory opinion to the Town Board regarding whether there is reasonable cause to find that a violation of the Town Ethics Code has occurred and remains uncured. Advisory opinions shall be based on the applicable provisions of the Town Ethics Code and the factual findings of the Board of Ethics. A copy of any written advisory opinion of reasonable cause shall be sent to the affected officer or employee and to the Town Board.
G. 
Subpoena powers. The Board of Ethics may administer oaths or affirmations, subpoena witnesses, compel their attendance, and require the production of any books or records it deems relevant and material. Subpoenas may be issued pursuant to § 2302(a) of the Civil Practice Law and Rules for the witness testimony, documents and other evidence deemed necessary by the Board.
H. 
Recommendation of action to be taken. The Board of Ethics may make a recommendation to the Town Board as to the appropriate sanction, discipline or other action to be taken or imposed with respect to any finding or determination of reasonable cause to believe that a violation of this chapter has occurred.
I. 
Annual report. The Ethics Board shall prepare and submit an annual report to the Town Board summarizing the activities of the Ethics Board, listing any recommended changes to the text or administration of this chapter.
J. 
Public inspections. The Board of Ethics shall provide for public inspection of certain records through the Town's Records Access Officer,
(1) 
The only records of the Ethics Board which shall be available for public inspection are those whose disclosure is required by Article 6 of the Public Officers Law of the State of New York or by some other state or federal law or regulation.
(2) 
No meeting or proceeding of the Ethics Board concerning a particular Town officer or employee shall be open to the public, except upon the request of the officer or employee or as required by the provisions of Article 7 of the Public Officers Law or by some other state or federal law or regulation.
K. 
Public education. The Board of Ethics may conduct and/or arrange for a qualified person to conduct annual training for Town officers and employees regarding the provisions of this chapter.
L. 
Monitoring. The Board of Ethics shall monitor officer and employee compliance with decisions and recommendations made by the Ethics Board.
M. 
Designation of powers and duties. The Ethics Board shall not carry out the powers and duties as defined in this section if it is determined that two members of such Board have a conflict of interest. In this event, the Ethics Board of Dutchess County shall administer the duties of the Ethics Board of the Town of Red Hook.
In its discretion, after a hearing providing for due process procedural mechanisms to the extent required by law, and subject to any applicable provisions of law and collective bargaining agreements, the Town Board may take disciplinary action, including without limitation a warning, reprimand, suspension or removal from office or employment, impose a civil fine as provided in this chapter, or subject the Town officer or employee to any other sanctions permitted by law. The Town Board shall conduct and complete any required hearing with reasonable promptness.
All hearings required to be conducted by the Board of Ethics pursuant to this chapter shall be conducted in accordance with the provisions of procedural rules approved by the Board of Ethics and filed in the office of the Town Clerk. Any person compelled to appear in person or who voluntarily appears shall be accorded the right to be accompanied, represented by, and/or advised by counsel.