[HISTORY: Adopted by the Town Board of the
Town of Chester 8-10-2005 by L.L. No. 4-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 16.
[1]
Editor's Note: This local law also repealed
former Ch. 7, Code of Ethics, adopted 10-6-1970 by L.L. No. 4-1970.
This code shall be known as the "Ethics Code
of the Town of Chester" and shall be hereinafter referred to as "the
code."
A.
The Chester Town Board does hereby find that the public
confidence and trust in local government depends on the integrity,
impartiality and commitment to ethics of public officials and public
employees.
B.
The reputation and efficiency of, and public confidence
and faith in, municipal government suffer whenever the public trust
is violated by an official or employee who commits an act of misconduct,
attempts to realize personal financial gain or does not avoid conflicts
of interest or the appearances of impropriety.
C.
There is a need to ensure that the citizens of the
Town of Chester have complete confidence in their local government
officials, professionals and employees.
D.
It is essential that there exists legislation to ensure
that the highest standards of conduct in municipal government will
be enforced regardless of any change in the Town Board.
E.
The Chester Town Board determines that every public
official and public employee should:
(1)
Put loyalty to the Town and to the highest moral principles
above all private interests.
(2)
Uphold the United States and New York Constitutions,
all laws, statutes and regulations of the United States and all governments
therein and all ordinances and regulations of the Town of Chester
and neither condone nor be a party to their evasion.
(3)
Give a full day's work for a full day's pay.
(4)
Avoid conflicts of interest and strive to avoid the
appearance of conflicts of interest, not only being above reproach
but appearing above approach.
(5)
Never use for personal benefit confidential information
obtained in the course of one's duties.
(6)
Never give special favor or special privilege to anyone
in return for any personal benefit.
(7)
Never accept favors, gifts or benefits for oneself
or a member of one's family except in situations specified in this
code.
(8)
Make no use of municipal employment or resources for
private gain or political benefit for any individual or entity or
for other than official government purposes.
(9)
Attempt to remedy or eliminate public corruption,
waste and inefficiency wherever and whenever discovered.
(10)
Demonstrate the highest standards of personal integrity,
truthfulness and fortitude in all public activities.
(11)
Strive for personal professional excellence and encourage
the professional development of all public officials and public employees.
(12)
Exercise whatever discretionary authority held to
promote the public interest.
(13)
Serve the public with respect, concern, courtesy and
responsiveness and administer the public's business with professional
competence, fairness, impartiality, efficiency and effectiveness,
recognizing that service to the public is beyond service to oneself.
(14)
Uphold these ethical principles, ever aware that public
service and public employment are public trusts.
F.
It is the duty of the Chester Town Board to earn and
maintain for the government of the Town of Chester a reputation for
honesty and integrity in government. In the event of any ambiguity
in the construction of this code, such shall be resolved in favor
of the public interest as opposed to the convenience or inconvenience
of a public official or employee.
It is the policy of the Town of Chester and
purpose of this chapter to establish standards and guidelines for
ethical conduct of officials and employees. Though assurance of good
conduct will rest primarily upon personal integrity and community
vigilance, these provisions of standards are designed to establish
parameters within which the public may have confidence that decisions
of local government are arrived at with impartiality and free of conflicts
of interest. It is the purpose of this chapter to protect officials
and employees from unwarranted attacks upon their integrity while
raising public confidence by defining courses of conduct contrary
to the public interest and thereby separating real from inconsequential
conflict recognizing that local government attracting and retaining
competent persons in the public service should not require divestiture
of only those proprietary interests which would appear to bear upon
independence of judgment and/or the appearance of bias.
The following words and phrases, when used in
this code, shall have, unless the context clearly states otherwise,
the meanings given to them in this section:
An arbitrary or capricious exercise of power of an official
or employee that adversely affects the rights of any person or that
results in personal gain or advantage to himself or herself or to
preferred other persons.
An individual holding an office named in the
code or in any other ordinance of this Town, to which he is named
by the Town Board or any elected officer of the Town whether that
individual serves full-time or part-time, whether or not he receives
compensation from the Town for his/her services and whether or not
h/she holds a single-named office or is one of several individuals
serving on a board, commission or authority.
An individual employed by the Town on a full-time
or part-time basis, exercising supervisory authority over any other
municipal employee and/or performing nonministerial action in connection
with municipal affairs.
Any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
holding company, joint-stock company, receivership, trust or any legal
entity organized for profit.
Any contract, service, work or business with, any sale, renting
or other disposition to, any purchase, leasing or other acquisition
from and any grant, license, permit or other privilege from the Town
or any municipal board or commission and any performance of or litigation
with respect to any of the foregoing.
Any business in which the person or a member of the person's
family is a director, officer, owner, employee or holder of stock
or percentage ownership exceeding 5% of the equity at fair market
value of the business or more than 5% of the assets of the economic
interests in indebtedness.
Any individual, individuals or slate of individuals seeking
any office which is filled by the vote of the electorate.
Any thing of economic value, however designated, which is
paid, granted, given, donated or transferred or to be paid, loaned,
granted, given, donated or transferred for personal services to any
person, official or employee of the Town.
Any situation in which a public official or public employee
is in a position where his or her vote or decision can result in a
financial benefit to himself or herself or a member of his or her
immediate family other than those benefits which may accrue to the
public generally.
A duly appointed and qualified Ethics Board of the Town of
Chester, comprised of five individuals who are not regular employees
or elected officials of the Town and who shall possess qualifications
necessary for carrying out their duties as members of the Ethics Board
and who shall be retained by the Town to conduct investigations, swear
witnesses, take testimony and make appropriate determinations as to
whether or not violations of this chapter have been made.
The office of Supervisor, Town Clerk, Highway Superintendent,
Receiver of Taxes and members of the Town Board.
Any spouse, child, grandchild, parent, grandparent, sibling,
in-law, aunt, uncle, niece, nephew, ex-spouse, stepparent, stepchild,
half brother, half sister or the spouse of any such relative or person.
Anything which is received without consideration
of equal or greater value. "Gift" shall not include a political contribution
otherwise reported as required by law or a commercially reasonable
loan made in the ordinary course of business. "Gift" shall include,
but not be limited to, any payment, favor, gratuity, thing of value,
service or services, promise, discount, admission, performance of
any act or series of acts, entertainment, reward, loan which is not
commercially reasonable and made in the ordinary course of business
or promise of any of the preceding.
Any money or thing of value received or to be received as
a claim on future services, whether in the form of a fee, salary,
expense, allowance, forbearance, forgiveness, interest, dividend,
royalty, rent, capital gain or any other form of recompense or any
combination thereof.
Any individual, union, association, committee, club or other
organization or group of persons.
Any individual employed by the Town of Chester, with the
exception of public officials.
Any elected or appointed office or position of the Town of
Chester.
Any elected or appointed official of the Town of Chester.
A member of an individual's immediate family and also that
individual's father, mother, grandfather, grandmother, son, daughter
or sibling, whether by blood, adoption or marriage, the latter including,
for example, stepparents, stepchildren, half brothers and half sisters.
The Town of Chester.
A.
No public official or public employee shall disclose
or use for his or her own benefit or the benefit of others confidential
information which he or she has acquired by reason of his or her public
position.
B.
No public official or public employee shall receive
any benefit from or participate in the selection, award or administration
of or vote or participate in the legislative discussion on any contract
to which the Town is a party or participate in the selection, award
or administration of a contract supported by public funds if a conflict
of interest would be involved. Such a conflict would arise when any
of the following has a financial or other interest in the firm selected
for award:
C.
No public official or public employee shall be or
become interested directly or indirectly in any manner whatsoever,
except by operation of law or in the course of his or her employment
by the Town, in any business dealing with the Town of Chester or before
on behalf of any of the boards or offices of the Town.
D.
No public official or public employee shall act as
agent, broker, employee or consultant for any person, firm, corporation
or other entity interested directly or indirectly in any manner whatsoever
in any business dealings with the Town of Chester.
E.
No public official or public employee shall engage
in any business transaction or private employment or shall have any
financial or other private interest, direct or indirect, which is
in conflict with the proper discharge of his or her official duties.
F.
No public official or public employee shall use or
attempt to use his position to obtain any financial gain, contract,
license, privilege or other private or personal advantage, direct
or indirect, for himself or herself or any person, firm, or corporation
or other entity with which he or she is associated. He or she shall
be deemed "associated" with each person who is a member of his or
her family, with each person with whom he or she has a business or
other financial relationship and with each firm, corporation or other
entity in which he or she has a present or anticipated interest, direct
or indirect.
G.
No public official or public employee shall attempt
to influence the course of any proposed legislation affecting any
private or financial interest not readily apparent of himself or herself,
of any of his or her family members, of any person with whom he or
she has a business or other financial relationship or of each firm,
corporation or other entity in which he or she has a present or anticipated
interest, direct or indirect.
H.
Disclosure of interest.
(1)
Every public official and public employee shall publicly
disclose any direct or indirect financial or other private interest
in any proposed legislation of himself or herself, of any of his or
her family members, of any person with whom he or she has a business
or other financial relationship or of each firm, corporation or other
entity in which he or she has a present or anticipated interest, direct
or indirect. A subcontract of a contract with the Town shall be deemed
a "direct or indirect financial interest."
(2)
Within 30 days of assuming any office, decisionmaking
or consultative position covered by this Code, each person shall advise
the Town Clerk, using a form appended hereto as Attachment A,[1] of his/her land holdings in the Town of Chester other
than property used as the family residence, as well as the employment
relationships s/he has had within the last five years. S/he shall
also disclose any investments which she has in land or business concerns
located or doing business in the Town of Chester. The Town Clerk shall
maintain the completed disclosure forms on file during each person's
tenure with the Town of Chester and for five years thereafter. This
provision shall apply to persons currently serving in positions covered
by this Code, provided that employees not serving as department heads
and decision-makers shall not have to complete the disclosure form.
[1]
Editor's Note: Attachment A is included at the end of this chapter.
I.
No public official or public employee shall become
financially interested, subsequent to final action, in any legislation,
including ordinances and resolutions, awards, contracts, leases, cases,
claims, decisions, decrees or judgments made by him or her in his
or her official capacity, during his or her term of office or employment
and until two years have elapsed since the expiration of employment
or service. This prohibition shall apply so as to prevent a family
member or any person, firm, partnership, corporation, business association,
trustee or straw party from becoming financially interested for or
on behalf of a public official or public employee within said two-year
period.
J.
This section shall not be construed to prohibit any
public official or public employee from:
(1)
Accepting or receiving any benefit which is provided
for or made available to citizens or residents or classes of citizens
or residents.
(2)
Being affiliated with, by an investment not exceeding
5% of the equity at fair market value or more than 5% of the assets
of the economic interest in indebtedness, employed by or representing
a person, firm or corporation or other entity whose business dealings
with the Town or any municipal board or commission form an insubstantial
part of its total business, provided that he or she has no direct
or indirect interest in such business dealings and receives no part
of the benefit thereof, takes no part in such business dealings and
receives no compensation in connection therewith.
K.
Nothing in this section shall apply to the affiliation
of any public official or public employee with any nonprofit or community
service organization.
L.
No public official or public employee shall grant,
offer or provide any privilege to any person, persons, business or
other entity beyond that which is available to every other person,
business or other entity, with the exception of any legally determined
affirmative action plan or municipally authorized program.
M.
No public official or public employee shall in any
manner receive benefit from the profits of any work or service for
the Town, or accept any service or thing of value directly or indirectly
upon more favorable terms than those granted to the public generally,
from any person, firm, corporation or other entity having dealings
with the Town. Privileges granted by the Town to public officials
are exempted from the terms of this provision.
N.
No public official or public employee shall solicit
or receive any compensation, gratuity or other thing of value for
any act done in the course of public work other than his normal wage
or salary paid by the Town and set as a condition of employment or
as provided for in law.
O.
No public official or public employee shall use his
or her official influence to assist any person for a fee or other
compensation other than the compensation that is provided by law.
The performance of usual and customary constituent services without
additional compensation does not constitute the use of prestige of
office for private gain.
P.
No public official or public employee shall request
or permit the use of or use any municipal motor vehicle, equipment,
material or property except in the conduct of official municipal business
or as provided in the terms of his or her employment.
Q.
No public official or public employee or consultant
nor any agency sponsored by the Town shall:
(1)
Discriminate or cause to be created involuntary segregation,
directly or indirectly, on the basis of creed, color, national origin,
gender, sexual preference or disability or allow any of these factors
to affect the recruitment, selection, placement, assignment, compensation,
retention, status or promotion of any Town officer, employee, consultant
or board member.
(2)
Knowingly or by indifference permit in any manner
the use of Town property, equipment or services by any person or persons,
organizations or corporations which engage in discrimination on any
of the bases set forth above. This subsection shall not apply to organizations
which are restricted by age or gender, provided such restrictions
have not been found to violate the Constitution of the United States
or of the State of New York (including but not limited to senior citizen,
golden age, boys and girls scouting organizations).
R.
It shall be unlawful for any elected or appointed
official or for any employee to appear on behalf of a third party
before any agency of the Town or to represent any private interest
in an action or proceeding against the interests of the Town in any
litigation to which the Town is a party. This section shall not prohibit
such conduct on behalf of the employee or his or her immediate family,
although the nature of the relationship shall be disclosed sufficiently
in advance of the first appearance before the board or agency of the
Town to permit appropriate action before the Board of Ethics should
the Town or any other party deem such redress appropriate.
Where voting conflicts are not otherwise addressed
by the Constitution of New York or by any law, rule, regulation, order
or ordinance, the following procedure shall be employed:
A.
Any public official or public employee who in the
discharge of his official duties would be required to vote on a matter
that would result in a conflict of interests shall abstain from voting
and, prior to the vote being taken, publicly announce and disclose
the nature of his interests as a public record in a written memorandum
filed with the person responsible for recording the minutes of the
meeting at which the vote is taken.
B.
The provisions of this section shall not apply to
cases where such officer is an employee of the person, firm or corporation
involved in a municipal contract or municipal matter in a capacity
with no possible influence on the transaction and in which such person
cannot possibly be benefitted thereby, either financially or in any
other material matter.
A.
No public official or public employee or family member of a public official or public employee of the Town shall accept a gift, as defined in § 7-4 of this chapter:
(1)
From a person seeking to obtain a contract grant,
employment or any financial relationship from the Town.
(2)
From a person or business having a financial relationship
with the Town.
(3)
From a person or business whose operations or activities
are regulated or inspected by the Town.
(4)
From a principal, agent and/or attorney in proceedings
in which the Town is an adverse party.
(5)
From a person who has an interest that may be substantially
affected by the performance or nonperformance of any public official's
or public employee's official duties.
B.
Exceptions. The prohibitions imposed by Subsection A shall not apply to the following:
(1)
Acceptance of a gift when circumstances make it clear
that the motivation for the gift is due to family relationship, close
personal relationship or traditional practices among close friends,
such as exchange of birthday and holiday gifts.
(2)
Acceptance of an award for meritorious achievement
from a charitable, religious, professional, recreational, social,
fraternal, public service, civic or similar organization.
(3)
Acceptance of a plaque or memento of nominal value
offered as a token of esteem or appreciation on the occasion of a
speech or public appearance.
(4)
Acceptance of small tokens or favors given to everyone
attending a function or celebrating an occasion.
(5)
Acceptance of a legal political contribution made
to and reported by a duly registered campaign committee. However,
there shall not have been an understanding that the contribution was
for the purpose of influencing a vote, action or judgment of the public
official or public employee.
(6)
Acceptance of unsolicited advertising or promotional
material such as pens, calendars and other such items of nominal intrinsic
value.
(7)
Acceptance of food and refreshment of nominal value
on in frequent occasions or the ordinary course of a luncheon, dinner
party or meeting.
A.
No public official or public employee shall engage
in, solicit, negotiate for or promise to accept private employment
or render his or her services for private interests or conduct a private
business when this employment, service or business creates a conflict
of interest or impairs the proper discharge of his or her duties.
B.
Secondary employment may be undertaken only when not
in conflict with the conditions of employment or regulations promulgated
by the Town.
C.
No person who has served as a public official or public
employee, whether paid or unpaid, within a period of two years after
termination of his or her employment or service, shall appear before
any municipal board or commission, department or public official or
employee on behalf of any person, firm, corporation or other entity
or receive compensation or remuneration of funds for any services
rendered on behalf of any person, firm, corporation or other entity
in relation to any case, proceeding, application, business dealings
or other matter with the Town and municipal board or commission.
D.
No officer or employee of the Town or its departments
and agencies shall terminate or otherwise discipline any employee
or subordinate for reporting alleged violations of these provisions
to the Town Board or Ethics Board or other appropriate governmental
body, nor shall such reporting serve as a basis for negatively evaluating
the work performance of said subordinate or denying him/her any appropriate
term or condition of employment, including promotion, raises or any
other term or condition of employment generally available to a person
of like qualifications. Once an employee has successfully completed
his/her probationary period, she may not be suspended or dismissed
without just cause.
A.
No public official or public employee shall require
any public employee to engage in any campaign activities related to
the election of any candidate or candidates.
B.
No public official or public employee shall use any
public property, material or resources on behalf of any political
party, political committee, candidate or candidates or use his or
her official authority for the purpose of interfering with an election
or affecting the results thereof, except the Town Hall or Senior Center
upon consent of the Town Board. It is the intention that all political
parties shall have equal access to Town property as approved by the
Town Board.
C.
No appointed official or public employee shall engage
in any type of partisan political activity while at work or while
the employee should be at work.
D.
An appointed official or public employee who desires
to undertake any partisan political activity restricted by this section
may take a leave of absence from municipal employment without pay,
thereby temporarily leaving the municipal payroll.
[Added 4-11-2012 by L.L. No. 1-2012]
A.
No relative
of any Town elected official, Town department head or other Town supervisor
shall be permitted to obtain employment with the Town. There shall
be four exceptions to this rule:
(1)
In
the event the relative is employed by the Town prior to the Town elected
official, Town department head or other Town supervisor taking office
or position of authority.
(2)
In
the event an individual is employed by the Town prior to said individual
becoming a relative of any Town elected official, Town department
head or other Town supervisor.
(3)
In
the event an individual is employed by the Town to fill a position
that is deemed seasonal or temporary employment.
(4)
For
good cause shown, as determined by the Board of Ethics. "Good cause"
shall be found by a showing that the Town would either suffer hardship
as a result of the prohibition, there is a lack of qualified applicants
to fill the specific job title, or other similar set of circumstances.
B.
Relative
defined. Relatives are defined as parent, spouse, child, sibling,
grandparent, grandchild, aunt, uncle, niece, nephew, first or second
cousin, in-law or step-relative, domestic partner, cohabitant, or
a person with whom a significant committed relationship exists.
C.
Policy
implementation. Personnel employed prior to the effective date of
this section will not be affected by this policy.
A.
There is hereby created a Board of Ethics, which shall
be charged with the administration of this Code of Ethics.
B.
The Board of Ethics shall be composed of five resident
electors, and at no time shall more than two members be of the same
political party. The Town Board shall appoint all members to the Board
of Ethics. Of the five members initially appointed one shall be appointed
for a term of five years, one for a term of four years, one for a
term of three years, one for a term of two years and one for a term
of one year. Thereafter, upon the expiration of the initial term of
any member of the Board or in the event that a vacancy exists on said
Board, the Town Board shall appoint a new member to fill the vacancy.
All subsequent appointments to the Board shall be for terms of two
years. In no event may any member of the Board serve on said Board
for a period of more than five years in succession. Any member having
served for five years in succession shall be ineligible for reappointment
to the Board for a period of two years after he last served on the
Board of Ethics. Each member shall serve until his successor has been
appointed.
C.
The Board shall adopt and promulgate reasonable rules
and regulations for the administration of its proceedings. The rules
and regulations so promulgated and all amendments thereto shall be
made available at the office of the Town Clerk to any elector of the
Town.
D.
There is hereby delegated to the Ethics Board as defined herein the responsibility set forth in § 7-11 relating to enforcement procedures. If an allegation or complaint is filed with the Town Board, said Town Board shall send notice to the Ethics Board to conduct an investigation into the allegation or complaint, provided that in the event that said complaint shall involve in some manner the office of the Ethics Board, said matter shall be referred to the Town Attorney for investigation, all in accordance with the procedures outlined herein.
E.
The Board
of Ethics shall meet quarterly, at least once every three months,
to discuss any potential improvements that could be made to the Board
and any proactive steps that should be taken with respect to administration
of the Board. The Board shall then report any such potential improvements
and/or proactive steps to the Town Board. The Town Board shall take
report under advisement with respect to potential amendments to the
Town Code and Town procedures affected thereby.
[Added 10-26-2022 by L.L. No. 3-2022]
A.
Any person who has knowledge of a violation of this
Code of Ethics committed by any person subject to the jurisdiction
of this chapter may make a signed written report of the same to the
Town Board. The fact that a report has been received, the contents
of the report and the identity of the person making the report shall
remain confidential until such time as the Town Board, after receipt
of notice as provided herein, has referred the same to the Ethics
Board for an initial threshold determination that probable cause exists
to believe that a violation of the Code of Ethics has occurred.
B.
Upon receipt of a report, the Ethics Board, without
benefit of subpoenas or sworn testimony, shall make such preliminary
investigation as it deems appropriate to determine whether probable
cause exists to believe that a violation of the Code of Ethics has
occurred. If the Ethics Board is satisfied that probable cause does
exist, it may choose between two courses of action as follows:
(1)
Refer the matter to the proper authorities for criminal
prosecution, provided that upon a determination that the proof beyond
a reasonable doubt necessary for criminal conviction is not available,
the proper authorities may refer the matter back to the Ethics Board
proceedings consistent with this chapter.
(2)
Retain the matter for its own formal investigation
with a view toward the ultimate disposition by the Ethics Board in
the event that it is determined an actual violation has occurred.
C.
If the Ethics Board should determine probable cause
does not exist, it shall communicate its decision, in writing, to
the person who made the initial report. The Ethics Board's determination
of lack of probable cause shall remain confidential, unless the person
who made the initial report chooses to make his or her complaint public.
Should this later event occur, all of the Ethics Board's records,
files, notes, correspondence and investigative materials relating
to the finding of lack of probable cause shall be made open for public
inspection.
D.
Should the Ethics Board decide to retain the matter for its own formal investigation pursuant to Subsection B(2) above, the Ethics Board shall notify, in writing, the person who made the report and the person complained against of its decision to pursue a formal investigation by way of holding a hearing to determine if a violation has occurred. The person complained against may choose whether the hearing shall be open or closed to the public.
E.
Hearings conducted by the Ethics Board.
(1)
Hearings conducted by the Ethics Board shall be informal.
The person complained against may be represented by legal counsel
and/or by his or her bargaining representative and may present and
cross-examine witnesses and give evidence before the Ethics Board.
The Ethics Board may call witnesses on its own motion and compel the
production of books, records, papers or other evidence needed. To
that end, the proper authorities shall issue subpoenas and subpoenas
at the request of the Ethics Board or the person complained against.
All testimony shall be under oath administered by the Ethics Board.
The Ethics Board may adjourn its hearing from time to time in order
to allow for the orderly presentation of evidence.
(2)
Upon motion made by the person complained against
or upon its own motion, the Ethics Board may temporarily stay or permanently
suspend its investigation when, in its informed discretion, the manifest
needs of justice and fairness will be better served thereby.
(3)
The Ethics Board shall prepare an official record
of the hearing, including all testimony, which shall be recorded manually
or by mechanical device, and exhibits, provided that the Ethics Board
shall not be required to transcribe such records unless presented
with a request accompanied by payment of the cost of transcription.
F.
Within 30 days after the conclusion of the hearing,
the Ethics Board shall make and fully record in its permanent records
findings of fact, conclusions of law and its determination of a final
disposition. A copy of the findings, conclusions and recommended disposition
shall be forwarded by registered mail to the person who made the initial
report and to the person complained against at addresses as given
by both persons to the Ethics Board and shall be filed simultaneously
with the Town Clerk.
G.
The Town Board may thereafter accept the recommendation
of the Ethics Board or it may reject in whole or in part any portion
of the determination and recommendation. The Town Board shall issue
its final determination within 45 days of the date of filing with
the Town Clerk of the findings and recommendation unless, prior to
the expiration of the forty-five-day term, it shall have remanded
the matter to the Ethics Board for clarification of any matter deemed
by a majority of the Town Board to be ambiguous or inconsistent, in
which event the Town Board shall act within 45 days of the filing
of the findings and recommendation upon such remand with the Town
Clerk. Any person found, by final determination of the Town Board,
to be in violation of this Code of Ethics shall be subject to discipline
by the Town Board.
H.
Any person subject to discipline, reprimand or censure
may seek review of the final determination to the Supreme Court of
the State of New York in Orange County, provided such proceeding is
commenced within 30 days of the date of service of the final determination
upon such person.
A.
Any elected official, appointed official or public
employee who violates the code shall be subject to the following disciplinary
action:
B.
Upon dismissal, and when warranted, appropriate information
will be forwarded by the Town to the appropriate local, state or federal
authorities for further action.
C.
Any disciplinary action taken by the Town shall be
conducted in accordance with the procedures defined in Civil Service
Law § 75 unless provisions of a binding labor agreement
shall be applicable. In either event, it is the intention of the chapter
that any action shall require either the consent of the individual
subject to discipline or following a hearing which comports with applicable
notions for procedural due process of law.
D.
In addition, any public official or public employee
who violates the code shall be subject to a fine not exceeding $500
for a first violation and not exceeding $1,000 for each additional
violation and, in default thereof, imprisonment not exceeding 72 hours.
E.
When appropriate, the Town may take the necessary
legal steps pursuant to a breach of contract with a third party, agent,
subrecipient, contractor or consultant. Such steps may include, but
not be limited to:
F.
Any person, corporation, company or other entity found
to have benefitted as a result of a violation of this code shall be
debarred from participating in business dealings with the Town for
up to 10 years.
G.
A public official, appointed official or public employee of a political subdivision who acts in good faith reliance on a written, nonconfidential opinion of the Attorney General or Comptroller of the State of New York or of the Town Attorney, which opinion or advice shall have been publicly stated at an open meeting of a Town Board and recorded in the minutes of the meeting, shall not be subject to the penalties provided for in Subsection A, B, C, D, F or G of this section. Solicitor's opinion has been rendered under duress or where the parties seeking and rendering the Solicitor's opinion have colluded to purposely commit a violation of this chapter.
