A.
The Village Board shall act as the Village Board of
Ethics, consisting of five members, and shall appropriate adequate
funds for the Board's maintenance and operation.
B.
All members of the Board of Ethics shall serve a term
concurrent with their elected terms of office.
C.
The Village Attorney shall provide such legal and
advisory services to the Village Board of Ethics as it may require
in the performance of its duties.
D.
Qualifications of Board of Ethics members. The members
of the Village Board of Ethics shall not receive compensation for
the performance of their official duties, but shall be reimbursed
for reasonable and necessary expenses.
E.
Recusal of by Village Board of Ethics members. A Village
Ethics Board member must be recused from hearing any case where he/she
is the subject of the complaint, the complainant or has any conflict
or potential conflict of interest. In addition, a member of the Board
of Ethics may be removed, by majority vote, from any matter wherein
the member has substantially neglected his/her duty or been found
guilty of misconduct in office. Said vote shall take place only after
a hearing is held by the Board.
F.
Village Board of Ethics meetings or quorum. At its
meeting, which shall be a public meeting, the Village Board of Ethics
shall elect a Chairman from among its membership. Three members of
the Board shall constitute a quorum. A vote of at least three members
shall be required for the Board to take any action. The Board shall
hold meetings only to hear and decide actual cases or any three members
may call a meeting of the Ethics Board.
G.
Powers and duties of the Village Board of Ethics.
The Board of Ethics shall have the following powers and duties:
(1)
To prescribe and promulgate rules and regulations
governing its own organization and procedures in a manner consistent
with this chapter;
(2)
To cause to be filed with the State Ethics Commission a copy of the form for any disclosure statements required to be filed in § 10-5 of this chapter;
(5)
To recommend disciplinary action and initiate appropriate actions and proceedings pursuant to § 10-9 of this chapter;
(7)
To provide training and education to village officers
and employees on the provisions of this Ethics Code; and
(8)
To prepare an annual report to be filed with the Village
Clerk, summarizing the annual activities of the Ethics Board.
H.
The Village Board of Ethics may act only with respect
to officers, consultants and employees of the Village of Monroe.
I.
The Village Board of Ethics may refer any matter within
its jurisdiction to the County or State Ethics Board.
A.
Any person may transmit a written notification of
an alleged violation of the Code to the Village Clerk of Village Board
of Ethics. Upon receipt by any village officer, Village Board member
or village employee of the Village of Monroe, of a written notification
of an alleged violation of this chapter, the same shall be transmitted
to the Village Board, acting as the Board of Ethics, within five days.
Pursuant to applicable laws and this chapter, the Village Board of
Ethics shall render its opinion with due diligence after conducting
an investigation of the matter. A hearing will be conducted in connection
with any alleged violation, or the matter may be decided, upon the
written submissions of all parties only upon the consent of all parties.
Absent consent, a hearing shall be conducted.
B.
Should the Village Ethics Board receive notification
alleging that the Village Board or any of its members has violated
any provision of this Code or any other law, the Board may either
conduct an investigation of the complaint or promptly refer the matter
to the County or State Ethics Board.
C.
The Village Board of Ethics shall state, in writing,
its findings of every notification it receives and of every investigation
it conducts and shall set forth reasons for its findings. All such
statements and all notifications shall be public records, unless excepted
by other statute, and shall be indexed and maintained on file by the
Village Clerk.
D.
The Village Board of Ethics shall, acting as the Village
Board, take such appropriate action, including sanctions, as provided
herein or consistent with the laws of the State of New York.
A.
After receiving any complaints from the Village Board
of Ethics, the Town Board may conduct a hearing on the matter in accordance
with applicable laws. Upon completion of such hearing, the Village
Board may, in the appropriate case, impose sanctions.
B.
Any village officer, Village Board member, village
consultant or village employee who engages in any action that violates
any provision of this Code may be warned or reprimanded or suspended
or removed from office or employment by the Village Board, pursuant
to the provisions of this Code, applicable law, or by the person or
body authorized by law to impose such sanctions.
C.
If a hearing is held, the Village Board shall conduct
and complete the hearing within 45 days after receipt of the complaint.
A.
Upon written request of any board, department, or
individual village officer, village consultant or village employee,
the Village Board of Ethics may render written advisory opinions with
respect to the interpretation or application of any provision of this
Code in a generic sense.
B.
Opinions and requests for opinions shall be public
records and shall be indexed and maintained on file in an appropriate
manner by the Village Clerk.
The Village Clerk shall cause a copy of Article
18 of the General Municipal Law and this Code of Ethics to be distributed
to every village officer, village employee and village consultant,
via certified mail, return receipt requested within 15 days of the
effective date of this chapter. In addition, any such village employee,
village officer or village consultant shall receive a copy of the
same upon being engaged herein or taking office in the Village of
Monroe. Failure to distribute any such copy or failure of any village
official, village employee or village consultant to receive such copy
shall have no effect on the duty of compliance with this Code, nor
the enforcement of provisions hereof.
