A. 
The Board of Ethics is established and shall be known as the "Town of Clay Board of Ethics."
B. 
The Board of Ethics shall consist of five members to be appointed by the Town Board. All such members of the Board of Ethics shall reside in the Town of Clay and shall serve without compensation. All members of the Board of Ethics shall be initially appointed for terms of from one to five years as determined by the Town Board. No member of the Board of Ethics shall serve an initial term the duration of which is the same as that of any other member of the Board of Ethics. The Board of Ethics shall designate one of its members as Chairperson. Vacancies in the Board of Ethics shall be filled by the Town Board which shall make the appointment for the balance of the unexpired term. A majority of such members of the Board of Ethics shall be persons who are not officers or employees of the Town, but the Board shall include at least one member who is an elected or appointed employee of the Town of Clay. All members shall reside within the Town of Clay. All members shall serve without compensation except that any member who is a Town of Clay officer or employee shall be entitled to his usual compensation when attending upon the business of the Board, during normal working hours and shall be reimbursed for reasonable expenses incurred in the performance of their official duties.
C. 
A Board of Ethics member may be removed by the Town Board after a finding of substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of the office or violation of this act after written notice of the charges and an opportunity for reply.
D. 
The Town Clerk shall be the Clerk of the Board of Ethics and all documents filed with the Town Clerk shall be deemed for the purposes of this chapter to be filings with the Board of Ethics.
E. 
The Board of Ethics shall have all the powers and duties as prescribed by Article 18 of the General Municipal Law. The Board of Ethics may adopt and amend such rules or procedures as are appropriate.
Upon written request, the Board of Ethics established hereunder shall render advisory opinions to officers and employees of the Town of Clay. Such written requests may be made to any member of the Board of Ethics. Such advisory opinions shall be rendered pursuant to the written request of any officer or employee under such rules and regulations as the Board may prescribe and shall have the advice of counsel employed by the Board, or, if none, the Town Attorney.
Such opinions shall not be made public or disclosed unless required by the Freedom of Information Law (Public Officers Law Article 6) or required for use in a disciplinary proceeding. Whenever a request for access to an advisory opinion herein is received, the officer, employee or appointed official who requested the opinion shall be notified of the request within 48 hours of the receipt of the request.
The Board of Ethics upon its formation shall promulgate its own rules and regulations as to procedures and shall maintain appropriate records of its opinions and proceedings.
The Board of Ethics shall have the power to:
A. 
Adopt, amend, and rescind rules and regulations to govern procedures of the Board of Ethics, which shall include, but not be limited to, the procedure whereby a person who is required to file an annual financial disclosure statement with the Board of Ethics may request an additional period of time within which to file such statement, due to justifiable cause or undue hardship; such rules and regulations shall provide for a date beyond which in all cases of justifiable cause or undue hardship no further extension of time will be granted. The Board of Ethics may utilize or modify such rules and regulations or adopt separate rules and regulations for the purpose of paragraph (d) of Subdivision 1 of § 811 of the General Municipal Law.
B. 
Promulgate guidelines to assist the Town Board in determining which persons hold policy-making positions for purposes of §§ 811 and 812, Subdivision 3, of the General Municipal Law and this chapter.
C. 
Make available forms for annual statements of financial disclosure required to be filed pursuant to this chapter.
D. 
Review completed financial disclosure statements in accordance with the provisions of this chapter, the rules and regulations of the Board of Ethics, any local law, ordinance, or Code of Ethics established by the Town Board of the Town of Clay.
E. 
Receive complaints alleging a violation of this chapter or a violation of the criteria for reporting requirements established by this chapter, any Code of Ethics of the Town of Clay, local law, ordinance or resolution regarding the filing of completed statements with the Board of Ethics.
F. 
Permit any person required to file a financial disclosure statement to request the Board of Ethics to delete from the copy thereof made available for public inspection one or more items of information, which may be deleted by the Board of Ethics, upon a finding that the information which would otherwise be required to be disclosed will have no material bearing on the discharge of the reporting person's official duties. If such request for deletion is denied, the Board of Ethics, in its notification of denial, shall inform the person of his right or her right to appeal the Board's determination pursuant to the rules governing adjudicatory proceedings and appeals adopted pursuant to this chapter and applicable section of the General Municipal Law. The Board of Ethics shall promulgate rules and regulations governing the issuance of written decisions in connection with appeals.
G. 
Permit any person required to file a financial disclosure statement to request an exemption from any requirement to report one or more items of information which pertain to such person's spouse or unemancipated children, which item or items may be exempted by the Board of Ethics upon a finding by the majority of the total members of the Board of Ethics without vacancy that the reporting individual spouse, on his or her behalf or on behalf of an unemancipated child, objects to providing the information necessary to make such disclosure and that the information which would otherwise be required to be reported will have no material bearing on the discharge of the reporting person's official duties.
H. 
Advise and assist any local official in establishing rules and regulations relating to possible conflicts between private interests and official duties of present or former elected officials, local party officials, and local officers and employees.
I. 
Permit any person who has not been determined by the Town Board to hold a policy-making position but who is otherwise required to file a financial disclosure statement to request an exemption from such requirements in accordance with the rules and regulations governing such exemptions. Such rules and regulations shall provide for exemptions to be granted either on the application of the individual or on behalf of persons who share the same job title or employment classification which the Board of Ethics deems to be comparable for purposes of this section. Such rules and regulations may permit the granting of an exemption where, in the discretion of the Board of Ethics, the public interest does not require disclosure and the applicant's duties do not involve the negotiation, authorization or approval of:
(1) 
Contracts, leases, franchises, revocable consents, concessions, variances, special permits, or licenses as defined in § 73 of the Public Officers Law;
(2) 
The purchase, sale, rental or lease of real property, goods or services, or a contract therefor;
(3) 
The obtaining of grants of money or loans; or
(4) 
The adoption or repeal of any rule or regulation having the force and effect of law.
J. 
Prepare an annual report to the Supervisor and the Town Board summarizing the activities of the Board of Ethics and recommending changes in the laws governing the conduct of local elected officials and officers and employees of the Town covered by this act.
K. 
Act as a repository for completed financial disclosure forms filed pursuant to this chapter.
L. 
Upon certification of a question by the Town Board to the Ethics Board, the Board may determine a question common to a class or defined category of persons or items of information required to be disclosed, where determination of the question will prevent undue repetition of requests for exemption or deletion or prevent undue complication in complying with the requirements of this chapter.
M. 
The Board of Ethics shall inspect all financial disclosure statements filed with the Board of Ethics to ascertain whether any person subject to the reporting requirements of this chapter, Code of Ethics, local law, ordinance or resolution, has failed to file such a statement, has filed a deficient statement, or has filed a statement which reveals a possible violation of this chapter, Code of Ethics, law, ordinance or resolution of the Town of Clay.
N. 
The Board of Ethics shall have all necessary authority to enforce the filing requirements of this chapter, including the authority to promulgate such rules and regulations as the Board of Ethics may determine are necessary to implement this chapter. The Board of Ethics shall be authorized to review requests for exceptions with respect to complying with timely filing of such disclosure statements due to justifiable cause or undue hardship.
O. 
The Board of Ethics shall have the power to retain or hire legal counsel to advise it on any matter arising under this chapter.
P. 
The Board will meet annually after reviewing the annual financial disclosure requirements that have been distributed and returned in the month of May, at which time the Board of Ethics will review the forms to ensure they are completed.
[Added 2-7-2011 by L.L. No. 2-2011]
Q. 
The Town Board will meet annually after reviewing the annual financial disclosure requirements that have been distributed and returned in the month of May, at which time the Board of Ethics will review the forms to ensure they are completed.
[Added 2-7-2011 by L.L. No. 2-2011]
In addition to any other powers and duties specified by this chapter, the Board of Ethics shall have the power and duty to:
A. 
Administer and enforce all the provisions of this chapter.
B. 
Conduct any investigation necessary to carry out the provisions of this chapter. Pursuant to this power and duty, the Board may administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production of any books or records which it may deem relevant or material.
The Board of Ethics shall be empowered to request support staff, and assistance from the Town Board or Supervisor in furtherance of its duties and responsibilities.