[HISTORY: Adopted by the Town Board of the Town of Pawling 5-6-2009 by L.L. No. 3-2009; amended in its entirety 6-14-2023 by L.L. No. 4-2023. Subsequent amendments noted where applicable.]
A.
The Joint Board of Ethics is established pursuant to § 808
of Article 18 of the General Municipal Law, and shall be known as
the "Town of Pawling Board of Ethics," as a Joint Board of Ethics
between Pawling and other municipalities in accordance with a certain
intermunicipal agreement entered into by the Town of Pawling on March
8, 2023, as may be amended from time to time (the "intermunicipal
agreement").
B.
The Board of Ethics shall consist of five members, including one
member who shall be a resident of the Town of Pawling, shall be appointed
by the Town Board and shall serve without compensation. All members
of the Joint Board of Ethics shall be appointed for terms as set forth
in the intermunicipal agreement.
C.
The Joint Board of Ethics shall designate one of its members as Chairperson
in the manner described in the intermunicipal agreement.
D.
Vacancies on the Board of Ethics shall be filled by the Town Board,
which shall make the appointment for the balance of the unexpired
term or reappoint or make the appointment upon completion of a Board
member's term.
E.
No members of the Board of Ethics shall be persons who are officers
or employees of the Town. No Ethics Board member shall hold office
concurrently in a political party or be employed or act as a lobbyist
or hold elective office in any local, state or federal government.
F.
An Ethics Board member may make campaign contributions and may participate
in any election campaign.
G.
Members are authorized to incur any and all expenses necessary to
effectuate the purposes of the Joint Ethics Board within amounts which
are appropriated by the Town Board annually.
H.
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 chapter after written notice of the charges and an opportunity
for reply.
I.
The Board of Ethics, in addition to the powers and duties prescribed
herein, shall have all the powers and duties as prescribed by Article
18 of the General Municipal Law.
J.
No Joint Ethics Board member may serve more than eight consecutive
years.
A.
The Ethics Board may only act with respect to officers and employees
of the municipalities which have entered into the intermunicipal agreement.
B.
The termination of the term of office or employment of a Town officer
or employee with the Town shall not affect the jurisdiction of the
Joint Ethics Board with respect to the requirements imposed on him
or her by the Town of Pawling Code of Ethics.
C.
The Joint Ethics Board shall have the following powers and duties:
(1)
To prescribe, promulgate, amend and rescind rules and regulations
governing its own internal organization and procedures in a manner
consistent with the intermunicipal agreement.
(2)
To receive complaints alleging a violation of Chapter 27 or any Code of Ethics of the Town of Pawling, local law, ordinance or resolution.
(3)
To review, index, maintain on file, and dispose of sworn complaints
alleging a violation of the Town of Pawling Code of Ethics.
(4)
To 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.
(5)
To conduct hearings, recommend disciplinary action, make referrals, and initiate appropriate actions and proceedings pursuant to § 28-11.
(7)
To prepare reports and recommend changes to this chapter pursuant
to § 28-12.
(9)
To 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 and compel their attendance,
and require the production of any books or records which it may deem
relevant or material.
D.
Nothing in this section shall be construed to permit the Joint Ethics
Board to conduct an investigation of itself or of any of its members
or staff. If the Joint Ethics Board receives a complaint alleging
that the Joint Ethics Board or any of its members or staff has violated
any provision of the Town of Pawling Code of Ethics, or any other
law, the Joint Ethics Board shall promptly transmit to the Town Board
a copy of the complaint. The Joint Ethics Board may request the Dutchess
County Ethics Committee to conduct an investigation of the Joint Ethics
Board or of any of its members or staff.
The Joint 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 as they pertain to matters before
the Joint Ethics Board which relate to Town of Pawling officers, officials
or employees.
The Joint Board of Ethics established hereunder shall render
advisory opinions to officers and employees of the municipalities
which are parties to the intermunicipal agreement and in the manner
set forth in the intermunicipal agreement and procedures adopted by
the Joint Board of Ethics.
A.
Upon the written request of any Town officer or employee, the Joint Ethics Board shall render a written advisory opinion with respect to the interpretation or application of Chapter 27 or of Article 18 of the General Municipal Law of the State of New York.
B.
In rendering advisory opinions, the Joint Ethics Board may request
the advice and counsel of the attorney employed by the municipality
which is the subject of a matter before the Joint Board of Ethics.
C.
An advisory opinion rendered by the Ethics Board, until and unless
amended or revoked, shall be binding on the Ethics Board in any subsequent
proceeding concerning the person who requested the opinion and who
acted in good faith, unless material facts were omitted or misstated
by the person in the request for an opinion. Such requests shall be
confidential, but the Ethics Board may publish such opinions, provided
that the name of the requesting person and other identifying details
shall not be included in the publication.
D.
Any person aggrieved by an advisory opinion of the Joint Ethics Board
may seek judicial review and relief pursuant to Article 78 of the
Civil Practice Law and Rules of the State of New York.
Any person aggrieved by a decision of the Ethics Board may seek
judicial review and relief pursuant to Article 78 of the Civil Practice
Law and Rules of the State of New York.
The advisory opinions of the Joint Board of Ethics 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 procedure for receipt and investigation of complaints shall
be as set forth in the procedures adopted by the Joint Ethics Board.
A.
Disciplinary action. Any Town officer or employee who engages in any action that violates any provision of Chapter 27 may be warned, reprimanded, suspended or removed from office or employment, or may be subject to any other sanction authorized by law or collective bargaining agreement, by the person or body authorized by law to impose such sanctions. A warning, reprimand, suspension, removal, or other authorized sanction may be imposed in addition to any other penalty contained in this chapter or in any other provision of law.
B.
Civil fine. Any Town officer or employee who violates any provision of Chapter 27 may be subject to a civil fine of up to $1,500 for each violation. A civil fine may be imposed in addition to any other penalty contained in any other provision of law or in this chapter.
C.
Damages. Any person, whether or not a Town officer or employee, who violates any provision of Chapter 27 shall be liable in damages to the Town for any losses or increased costs incurred by the Town as a result of the violation. Such damages may be imposed in addition to any other penalty contained in any other provision of law or in this chapter.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or parts
of this chapter.
This chapter shall take effect upon its adoption and filing
with the Secretary of State in accordance with the provisions of § 27
of the Municipal Home Rule Law.
