[Amended 9-24-2014 by L.L. No. 4-2014]
A. There is hereby established a Town of Clarence Ethics Board. The
Board shall be responsible for ensuring full compliance with this
Code of Ethics, including disclosures and the New York State Open
Meetings Law.
B. The Ethics Board shall consist of seven members, each having a five-year
term of office. Members shall be appointed by the Town Board. Candidates
for appointment may be recommended to the Town Board by the Ethics
Board Chairperson.
C. In the event a vacancy occurs prior to the expiration of any term,
the Town Board, within three months, or as soon as practicable, shall
fill such vacancy for the balance of the term in the same manner as
members are appointed to full terms. All members shall reside in the
Town of Clarence and serve without compensation except for necessary
and reasonable expenses.
D. No more than three members of the Ethics Board may be affiliated
with the same political party. No member shall serve as a committee
person or officer of any political party. Ethics Board members are
subject to the same ethics and disclosure requirements as are other
Town officials and employees.
E. Appointed officials or employees of the Town of Clarence shall not
make up a majority of the Ethics Board. No elected Town official may
be appointed to the Ethics Board.
F. The members of the Ethics Board shall elect a Chairperson, Vice Chairperson
and Secretary at the first meeting of each year.
G. The Ethics Board shall meet at least three times per year. Additional
meetings may be called by the Chairperson or a majority of all the
members upon written seven-day notice to the remaining members of
the Ethics Board. A majority of the Ethics Board, then appointed,
shall constitute a quorum.
H. Complaint Review Committee; Disclosure Review Committee.
(1) A three-member Complaint Review Committee shall be selected by the
Ethics Board Chairperson at the first meeting of the Ethics Board
each year. No more than one member of said committee shall be from
the same political party. Ethics Board members shall vote their approval
of these selected members at this meeting. This committee shall conduct
preliminary investigations of complaints and report its findings back
to the full Ethics Board.
(2) The remaining members of the Ethics Board, less the Chairperson,
shall constitute a Disclosure Review Committee, to review both the
annual and transactional disclosures submitted by Town officials and
employees and then report promptly their findings to the full Board.
This includes annual disclosures filed during the year by new employees
and amended disclosures filed by employees who are reporting changes
in the information provided.
(3) The Disclosure Review Committee shall review periodically through
the year all transactional disclosures filed with the Town Clerk to
verify that such disclosures are complete and meaningful, including
those where recusal does not take place. Discrepancies are to be reported
promptly to the Ethics Board.
I. Meetings of the Ethics Board shall be open to the public, except
meetings called to review disclosure statements, to develop and endorse
advisory opinions or to act upon complaints filed with the Ethics
Board. A meeting that would otherwise be closed may be opened upon
the written request of the Town official or employee whose matter
is being considered.
J. An Ethics Board member may be removed by the Town Board after:
(1) Receipt of written notice of allegations of substantial neglect of
duty, gross misconduct, inability to discharge the powers and duties
of the office or violation of this code;
(2) An opportunity to reply; and
(3) A finding of substantial neglect of duty, gross misconduct, inability
to discharge the powers and duties of the office or violation of this
code.
K. The Ethics Board shall prepare and recommend to the Town Board for
approval rules, regulations and procedures necessary for internal
implementation of this code. Following approval by the Town Board,
the Ethics Board shall conduct its affairs in accordance with the
approved rules, regulations, and procedures, plus the New York State
Administrative Procedure Act and General Municipal Law.
L. The Board of Ethics shall possess, exercise and enjoy all the rights,
powers, and privileges necessary to the enforcement of this Code of
Ethics, including, after prior request and receipt of authorization
from the Town Board, the power of subpoena. This power to subpoena
includes any individual, whether or not a Town official or employee,
and any document or thing deemed necessary by the Ethics Board to
aid in resolving any complaint or investigation.
M. The Town Clerk shall be the Clerk of the Board of Ethics, and all
ethics documents filed with the Town Clerk shall be deemed for the
purposes of this code to be filings with the Board of Ethics.