Upon written request, the Board of Ethics established
hereunder shall render advisory opinions to officers and employees
of the Town of Clay. Such written requests may be made to any member
of the Board of Ethics. Such advisory opinions shall be rendered pursuant
to the written request of any officer or employee under such rules
and regulations as the Board may prescribe and shall have the advice
of counsel employed by the Board, or, if none, the Town Attorney.
Such opinions 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 Board of Ethics may at any time recommend
to the Town Board amendments to this chapter.
The Board of Ethics upon its formation shall
promulgate its own rules and regulations as to procedures and shall
maintain appropriate records of its opinions and proceedings.
The Board of Ethics shall have the power to:
A. Adopt, amend, and rescind rules and regulations to
govern procedures of the Board of Ethics, which shall include, but
not be limited to, the procedure whereby a person who is required
to file an annual financial disclosure statement with the Board of
Ethics may request an additional period of time within which to file
such statement, due to justifiable cause or undue hardship; such rules
and regulations shall provide for a date beyond which in all cases
of justifiable cause or undue hardship no further extension of time
will be granted. The Board of Ethics may utilize or modify such rules
and regulations or adopt separate rules and regulations for the purpose
of paragraph (d) of Subdivision 1 of § 811 of the General
Municipal Law.
B. Promulgate guidelines to assist the Town Board in
determining which persons hold policy-making positions for purposes
of §§ 811 and 812, Subdivision 3, of the General Municipal
Law and this chapter.
C. Make available forms for annual statements of financial
disclosure required to be filed pursuant to this chapter.
D. Review completed financial disclosure statements in
accordance with the provisions of this chapter, the rules and regulations
of the Board of Ethics, any local law, ordinance, or Code of Ethics
established by the Town Board of the Town of Clay.
E. Receive complaints alleging a violation of this chapter
or a violation of the criteria for reporting requirements established
by this chapter, any Code of Ethics of the Town of Clay, local law,
ordinance or resolution regarding the filing of completed statements
with the Board of Ethics.
F. Permit any person required to file a financial disclosure
statement to request the Board of Ethics to delete from the copy thereof
made available for public inspection one or more items of information,
which may be deleted by the Board of Ethics, upon a finding that the
information which would otherwise be required to be disclosed will
have no material bearing on the discharge of the reporting person's
official duties. If such request for deletion is denied, the Board
of Ethics, in its notification of denial, shall inform the person
of his right or her right to appeal the Board's determination pursuant
to the rules governing adjudicatory proceedings and appeals adopted
pursuant to this chapter and applicable section of the General Municipal
Law. The Board of Ethics shall promulgate rules and regulations governing
the issuance of written decisions in connection with appeals.
G. Permit any person required to file a financial disclosure
statement to request an exemption from any requirement to report one
or more items of information which pertain to such person's spouse
or unemancipated children, which item or items may be exempted by
the Board of Ethics upon a finding by the majority of the total members
of the Board of Ethics without vacancy that the reporting individual
spouse, on his or her behalf or on behalf of an unemancipated child,
objects to providing the information necessary to make such disclosure
and that the information which would otherwise be required to be reported
will have no material bearing on the discharge of the reporting person's
official duties.
H. 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.
I. Permit any person who has not been determined by the
Town Board to hold a policy-making position but who is otherwise required
to file a financial disclosure statement to request an exemption from
such requirements in accordance with the rules and regulations governing
such exemptions. Such rules and regulations shall provide for exemptions
to be granted either on the application of the individual or on behalf
of persons who share the same job title or employment classification
which the Board of Ethics deems to be comparable for purposes of this
section. Such rules and regulations may permit the granting of an
exemption where, in the discretion of the Board of Ethics, the public
interest does not require disclosure and the applicant's duties do
not involve the negotiation, authorization or approval of:
(1) Contracts, leases, franchises, revocable consents,
concessions, variances, special permits, or licenses as defined in
§ 73 of the Public Officers Law;
(2) The purchase, sale, rental or lease of real property,
goods or services, or a contract therefor;
(3) The obtaining of grants of money or loans; or
(4) The adoption or repeal of any rule or regulation having
the force and effect of law.
J. Prepare an annual report to the Supervisor and the
Town Board summarizing the activities of the Board of Ethics and recommending
changes in the laws governing the conduct of local elected officials
and officers and employees of the Town covered by this act.
K. Act as a repository for completed financial disclosure
forms filed pursuant to this chapter.
L. Upon certification of a question by the Town Board
to the Ethics Board, the Board may determine a question common to
a class or defined category of persons or items of information required
to be disclosed, where determination of the question will prevent
undue repetition of requests for exemption or deletion or prevent
undue complication in complying with the requirements of this chapter.
M. The Board of Ethics shall inspect all financial disclosure
statements filed with the Board of Ethics to ascertain whether any
person subject to the reporting requirements of this chapter, Code
of Ethics, local law, ordinance or resolution, has failed to file
such a statement, has filed a deficient statement, or has filed a
statement which reveals a possible violation of this chapter, Code
of Ethics, law, ordinance or resolution of the Town of Clay.
N. The Board of Ethics shall have all necessary authority
to enforce the filing requirements of this chapter, including the
authority to promulgate such rules and regulations as the Board of
Ethics may determine are necessary to implement this chapter. The
Board of Ethics shall be authorized to review requests for exceptions
with respect to complying with timely filing of such disclosure statements
due to justifiable cause or undue hardship.
O. The Board of Ethics shall have the power to retain
or hire legal counsel to advise it on any matter arising under this
chapter.
P. The Board
will meet annually after reviewing the annual financial disclosure
requirements that have been distributed and returned in the month
of May, at which time the Board of Ethics will review the forms to
ensure they are completed.
[Added 2-7-2011 by L.L. No. 2-2011]
Q. The Town
Board will meet annually after reviewing the annual financial disclosure
requirements that have been distributed and returned in the month
of May, at which time the Board of Ethics will review the forms to
ensure they are completed.
[Added 2-7-2011 by L.L. No. 2-2011]
In addition to any other powers and duties specified
by this chapter, the Board of Ethics shall have the power and duty
to:
A. Administer and enforce all the provisions of this
chapter.
B. 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, compel their
attendance and require the production of any books or records which
it may deem relevant or material.
The 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.