A. 
The Town Board hereby reestablishes and shall maintain the Board of Ethics, consisting of nine members, one of whom shall be a Town employee, which Board of Ethics shall have the powers and duties set forth in this Code of Ethics. The Town Board shall provide appropriate adequate funds for the Board's maintenance and operation.
B. 
Appointment. The members of the Board of Ethics shall be appointed by the Town Board. Each appointment shall be made by a 3/5 vote of the Town Board.
C. 
Terms. Each member shall serve for a term of three years. Terms shall commence on January 1 and terminate on December 31. Three board members shall be appointed at the Town Board's annual reorganization meeting. Board members shall serve no more than three consecutive three years terms. Any successor shall serve the unexpired term of the board member they replaced.
D. 
Counsel. The Town Attorney shall provide such legal and advisory services to the Board of Ethics as it may require in the performance of its duties. The Town Attorney (and his or her staff) is prohibited from disclosing any confidential matters of the Board of Ethics to anyone outside the Board and the Town Attorney's office, unless authorized or directed to do so by the Board of Ethics.
E. 
Qualifications of board of ethics members.
(1) 
All members of the Board of Ethics shall reside within the Town.
(2) 
No member shall hold office in any political party, serve on a Town election campaign committee, or be employed as a lobbyist in a Town election campaign.
F. 
Compensation. The members of the Board of Ethics shall not receive compensation for the performance of their official duties but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their official duties.
G. 
Removal of members of the Board of Ethics. A member of the Board of Ethics may be removed by a 4/5 majority vote of the Town Board for cause amounting to a substantial neglect of duty (including poor attendance), gross misconduct in office, inability to discharge the powers or duties of office, or willful violation of this Code, after receipt of written notice and a reasonable opportunity for response.
H. 
Board of Ethics meetings and quorum.
(1) 
The Board of Ethics shall hold at least one meeting per calendar year.
(2) 
At its first meeting each year, which shall be a public meeting, the Board of Ethics shall elect a Chairperson from among its membership and appoint a Secretary.
(3) 
A vote of at least six members shall be required for the Board to take any action.
(4) 
The Chairperson of the Board of Ethics, or any five members, may call a meeting of the Board of Ethics. If five members other than the Chairperson call such meeting, those five members shall give written notice to the Chairperson of the meeting date, which shall be on a Monday through Thursday, and the time and location of such meeting. Any meeting called by the five members other than the Chairperson shall be called at least seven days after notice of such meeting is mailed to the Chairperson and also received by the Town Clerk.
I. 
Powers and duties of the 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 Code;
(2) 
To review disclosure statements and annual Code of Ethics certification forms for completeness and sufficiency pursuant to §§ 4-6, and 4-7 of this Code and report thereon;
(3) 
To initiate and/or conduct investigations, including but not limited to, investigations arising pursuant to § 4-9 of this Code. Should an individual, directly or indirectly, deny or inordinately delay compliance with a request for information, documents and correspondence (in any form) or interviews, the Board of Ethics shall have the authority and power, upon majority vote, to subpoena people and documents, administer oaths, take testimony under oath, and create a record thereof;
(4) 
To recommend disciplinary action and initiate appropriate actions, proceedings, and penalties herein authorized.
(5) 
To issue advisory opinions pursuant to § 4-9 of this Code and compliance opinions pursuant to § 4-11 of this Code.
(6) 
To provide training and education to officials, employees, and consultants on the provisions of this Code.
(7) 
To prepare an annual report to the Town Board, summarizing the activities of the Board of Ethics, and recommend changes to this Code, as necessary.
J. 
The Board of Ethics may act only with respect to officials, employees, and consultants.
K. 
The Board of Ethics may refer any matter within its jurisdiction to the County or State Ethics Board.
A. 
Any Town resident may transmit a notification of an alleged violation of the Code of Ethics to the Board of Ethics by using the Code of Ethics notice of violation form ("notice of violation") which shall be available on the Town's website and in a pre-printed form at the Office of the Town Clerk. All materials must be enclosed in a sealed envelope addressed to the Chairperson of the Board of Ethics and delivered to the Town Clerk. The Town Clerk shall immediately notify the Chairperson of the Board of Ethics that a notice has been received, storing it in the sealed envelope for pickup by the Chairperson. Notices of violation are highly confidential, must not be reviewed by any person, and must not be copied, except by the Chairperson of the Board of Ethics, its members, its counsel, and those specifically designated by the Board of Ethics.
B. 
The Board of Ethics shall investigate the notice of violation in reasonably prompt fashion. In conducting any such investigation, the Board (or a member thereof conducting such investigation pursuant to authorization from the Board of Ethics) may request from the Town Board or any other Town board, commission or agency, or any Officer, employee, or consultant, any information, materials, and assistance necessary to properly conduct the investigation without the need for adhering to Freedom of Information protocols when soliciting Town government. Officials, employees, and consultants will respond to such requests in a timely fashion by providing the requested information, materials, and assistance unless otherwise prevented from doing so by applicable law.
C. 
Pursuant to the application of law and this Code, the Board of Ethics shall render a written decision on whether a violation has occurred and report the determination to the Town Board in the form of an advisory opinion after conducting with due diligence an investigation of the matter set forth in the notice of violation. The decision shall set forth the reasons for the decision and any additional conclusions or recommendations. The Board of Ethics shall, when warranted, recommend sanctions and penalties, which recommendation shall not be binding on the Town Board. Thereafter, all such notices of violation and advisory opinions shall be public records, unless excepted by other statute, and shall be indexed and maintained on file by the Board of Ethics.
D. 
The Board of Ethics is not permitted to conduct an investigation of any of its members. Should the Board of Ethics receive notification alleging that it or any of its members has violated any provision of this Code or any other law, the Board of Ethics shall promptly refer the matter to the County or State Ethics Board.
A. 
The Town Board will consider in good faith the entirety of any advisory opinion from the Board of Ethics. Within 30 days of receiving the advisory opinion, the Town Board will provide a written response to the Board of Ethics for each advisory opinion for which the Board of Ethics had determined a violation occurred informing the Board of Ethics whether or not it will pursue the matter itself and, if so, what actions it will take (including penalties and/or sanctions) and, if not, why not.
B. 
After receiving the advisory opinion from the Board of Ethics, the Town Board may conduct a hearing on the matter in accordance with the applicable laws. Upon completion of such hearing, the Town Board may, in the appropriate case, impose sanctions and/or penalties.
C. 
If a hearing is held, the Town Board shall conduct and complete the hearing within 30 days after receiving the advisory opinion or as soon as practicable thereafter. The Town Board shall advise the Board of Ethics of its decision on the matter in writing and set forth its reasons within 30 days of the close of the hearing, unless the time for doing so is extended on consent of the person(s) accused.
D. 
In addition to any other penalties specified herein, any official, employee, or consultant 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 Town Board, pursuant to the provisions of this Code, applicable law or by the person or body authorized by law to impose such sanctions and/or penalties.
A. 
Upon written request of any Town board, department or individual official, employee, or consultant, the Board of Ethics may render written compliance opinions with respect to the intended purpose, interpretation, or application of any provision of this Code. Such compliance opinions shall be limited to future conduct and to conduct that involves either the requester or a subordinate of the requester.
B. 
Compliance opinions and requests for compliance opinions shall not be public records and shall not be released unless required by law.
A. 
After determining that someone has violated the Code, the Board of Ethics shall recommend sanctions and penalties, as appropriate, to the Town Board, as follows:
(1) 
Cease and desist the violation;
(2) 
Immediately file any report, statement, or other information the Code requires, including an annual disclosure statement; and/or
(3) 
Make any other recommendation deemed appropriate to achieve the objectives of this Code.
B. 
Penalties for violations of the Code of Ethics shall range from $500 to $10,000 per occurrence, except as set forth in § 4-12G below.
C. 
If the violation is failure to file any report, statement, or other information the Code requires, the violator shall be subject to a civil penalty of $500 per occurrence in addition to any other sanctions or penalties or actions applicable under this Code or otherwise provided by law.
D. 
Alternatively, instead of, or in addition to, imposing these penalties, a violator shall be subject to a civil penalty of up to $10 a day. Each distinct violation is a separate offense. However, the aggregate maximum penalty cannot exceed $10,000.
E. 
If the violation involves knowingly and willfully making a false statement in a disclosure statement with intent to deceive or giving information which such person knows to be false, the violator shall be subject to a civil penalty not to exceed $10,000 per occurrence in addition to any other penalties or actions applicable under this Code or otherwise provided by law.
F. 
The Board of Ethics may report violations that constitute criminal conduct to the District Attorney's Office or the State's Attorney General's Office for criminal prosecution.
G. 
Violations that result in financial advantage are punished more harshly and penalties for such violations may exceed $10,000 per occurrence. Anyone who violates the Code to financially benefit himself or herself, or his or her interests, is liable to the Town for damages equal to amount of his or her advantage and, if the violation is intentional, the Town may recover additional damages equal to up to twice the amount of actual damages. The Town may bring a civil action to recover the amount of damages.