[1]
Editor's Note: This article was originally
adopted by the Board of Selectmen 8-10-1977.
There shall be established a Board known as
the "Board of Ethics."
The Board shall be responsible for the interpretation
and administration of the Code of Ethics.[1]
The Board of Ethics shall consist of five persons
appointed by the Board of Selectmen. The terms of office of the initial
appointees to such Board shall expire in rotation, as provided by
Charter, in such fashion that the terms of not more than three of
the members of such Board shall expire at the same time.
A.
Except as provided in Subsection B of this section, the Board of Ethics shall have general authority and jurisdiction as to the interpretation and administration of the Code of Ethics[1] and, in particular, said Board shall have full power and
authority:
(1)
To render advisory prospective opinions as to the
meaning and application of the Code of Ethics in specific factual
situations.
(2)
To receive and consider charges or complaints of alleged
violations of the Code of Ethics, provided that no such charge or
complaint shall be acknowledged or considered by the Board unless
the same is in writing, signed by the person or persons presenting
the same, and specifies a particular named official or employee of
the Town against whom such charge or complaint is directed.
(3)
Subject to requirements or law as to uniform procedure,
to hold hearings, public or private, as the Board may determine in
each instance, after due consideration of any request by the official
or employee concerned, with respect to any such charge or complaint,
affording to the complainant and the official or employee concerned
reasonable opportunity to appear before the Board, in person and/or
by counsel, and to support or defend against the same in accordance
with reasonable and customary rules of fairness and due process of
law.
B.
The Board's power of disposition of any such charge
or complaint shall be limited to a written report, upon the concurrence
of a majority of its entire membership, to the Board of Selectmen
as to whether or not there exists reasonable cause to believe that
a violation of the Code of Ethics has occurred.
C.
No elected or appointed official or employee of the
Town shall be subject to penalty or discipline by the Town for any
violation of this Code of Ethics except upon a finding by the Board
of Selectmen that such violation has occurred, following a hearing
by the Board of Selectmen. In such event the Board of Selectmen, by
vote of not less than a majority of its entire membership, may censure
and/or discharge the individual concerned (except that in no event
shall the Board have power to discharge or terminate the office of
an elected official) and, if necessary to prevent a continuing violation,
may apply to a court of competent jurisdiction for appropriate legal
or equitable relief.
D.
The Board shall render to the Board of Selectmen a
report of its actions during such fiscal year, including the status
and disposition of all charges or complaints brought before it, all
in such form and detail as the Board of Selectmen shall determine
and approve.
