[HISTORY: Adopted by the Town Board of the
Town of Colonie 2-28-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 17.
This chapter shall be known and may be cited
as the "Town of Colonie Whistle-Blower Protection Law."
A.
No elected Town official, public officer, employee,
board or agency member shall retaliate against any other elected Town
official, public officer, employee, board or agency member who, while
acting as a complainant or on behalf of a complainant, does any of
the following:
(1)
Submits a complaint to the Town Board of Ethics;
(2)
Reports or is about to report, orally or in writing,
any information to the Town Supervisor or other public enforcement
official, including any federal, state, county or town regulatory
or investigative authority, as permitted by federal, state, county
law or town law, any alleged act of wrongdoing, misconduct, malfeasance,
misfeasance, waste, inefficiency, corruption, criminal activity, inappropriate
behavior, or conflicts of interest;
(3)
Provides information, participates in the investigation
or acts as a witness to the Board of Ethics or to a federal, state,
county or town regulatory or investigative authority, when requested
by such regulatory or investigative authority; or
(4)
Acts or refuses to act as required by Article 18 of
the New York State General Municipal Law (Conflicts of Interest).
B.
The protections of this chapter shall not apply to
any Town employee who knowingly files a false complaint or knowingly
makes a false statement with respect to an alleged violation of this
chapter.
If the Town Board of Ethics determines after
inquiry that there is reasonable cause to believe a violation of this
chapter has occurred, it may recommend to the Town Board that the
Town Board impose any of the following remedies/penalties:
B.
An order to the elected Town official, public officer,
employee, board or agency member directing said person to cease and
desist the behavior which rises to the level of a violation of this
section;
C.
The reinstatement of any affected employee to the
same position held before the retaliatory action or to an equivalent
position;
D.
The reinstatement of full fringe benefits or seniority
rights which may have been affected by the retaliatory action;
E.
The compensation for lost wages, benefits or other
remuneration; and
F.
The payment by the Town of reasonable costs, disbursements
and attorney's fees of a complaining party.
