§ 28-14. Penalties for offenses., Article I. Code of Ethics and Disclosure, Chapter 28. Code of Ethics and Disclosure, Code of Ordinances, Brookhaven

Any individual who knowingly and willfully fails to file an annual statement of financial disclosure or who knowingly or willfully, with intent to deceive, makes a false statement or gives information which such individual knows to be false on such statement of financial disclosure or who is determined to have knowingly and willfully violated this Code of Ethics may be assessed a civil penalty in an amount not to exceed $10,000, may be removed from office, dismissed, suspended or subject to such other disciplinary action as the Town Board deems advisable, subject to any rights the individual may have pursuant to statute, contract, law, rule or regulation. The Ethics Board shall adopt rules governing the conduct of inquiries concerning violations of this chapter, which rules shall provide for due process. The Town Board may only impose the penalties referred to in this section after conducting an adjudicatory proceeding and after its determination becomes final.

Civil fine. Any officer, employee or candidate who violates any provision of this chapter 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 article.

Damages. Any person, whether or not an official or employee, who violates any provision of this chapter 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, other than a civil forfeiture pursuant to Subsection D of this section.

Civil forfeiture. Any person, whether or not an officer or employee, who intentionally or knowingly violates any provision of this chapter may be subject to a civil forfeiture to the Town of a sum equal to three times the value of any financial benefit he or she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in any other provision of law or in this chapter.

Misdemeanor. Any violation of any provision of this chapter may be punishable as a Class A misdemeanor.

Debarment.

(1)

Any person, whether or not an officer or employee, who intentionally or knowingly violates any provision of this chapter shall be prohibited from entering into any contract with the Town for a period not to exceed three years.

(2)

No person, whether or not a Town officer or employee, shall enter into a contract in violation of a bar imposed pursuant to Subsection F(1) of this section.

(3)

Nothing in this section shall be construed to prohibit any person from receiving a service or benefit, or from using a facility, which is generally available to the public.

The salary of any officer or employee failing to file a financial disclosure form by the deadline established by this code shall be withheld, until compliance with the financial disclosure provisions of this code is achieved.