§ 28-4. Establishment of Board of Ethics; powers, duties, training and education., Article I. Code of Ethics and Disclosure, Chapter 28. Code of Ethics and Disclosure, Code of Ordinances, Brookhaven

Board established; membership.

(1)

A Board of Ethics is hereby established, pursuant to § 808 of Article 18, and any amendments thereto, of the General Municipal Law, incorporated by reference herein, to be composed of five members who have a good reputation and a record of honorable community service, to serve without compensation and at the terms set forth below:

(a)

Qualifications of members.

[1]

No member of the Ethics Board shall be an officer or employee of the Town of Brookhaven.

[2]

No more than two members shall be from any one political party.

[3]

No Ethics Board member shall hold office in a political party, including a committeeperson, or be employed or act as a paid lobbyist or hold elective office in the Town served by the Ethics Board. An Ethics Board member may make campaign contributions but may not participate in any election campaign.

(2)

Such appointment shall conform to the following:

(a)

The members of the Ethics Board shall be appointed by the Town Board, and the Supervisor shall annually designate one of the appointed members to serve as chairperson.

(b)

The members of the Ethics Board shall be appointed no later than January 30, 2006, and annually thereafter in accordance with the provisions of this section.

(c)

The terms of all the current members of the Ethics Board shall expire upon designation of the new Board members appointed in accordance with the provisions of this section.

(d)

The terms of office of appointed Ethics Board members shall be three years and shall run from January 1 to December 31; except that of the members appointed: one shall serve until December 31, 2006, two shall serve until December 31, 2007, and two shall serve until December 31, 2008.

(e)

An Ethics Board member shall serve until his or her successor has been appointed. If a vacancy occurs, it shall be filled, within 60 days, for the unexpired portion of the term in the same manner as the original appointment.

(f)

An Ethics Board member may be removed from office by the Town Board for substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office or conviction of a misdemeanor or felony after written notice and opportunity for such member to respond.

(g)

A quorum shall be three members, and action shall be by a majority of the whole number of the Board.

Executive Director.

(1)

The Board of Ethics shall be served by a part-time Executive Director. The Supervisor shall designate and set the salary and compensation of the Executive Director from nominations made by the Ethics Board with approval by the Town Board. The Executive Director shall be responsible to the Ethics Board and shall be responsible for distributing the financial disclosure form to all the officers, employees and candidates required to file pursuant to § 28-10 herein and shall have such other powers and responsibilities as set forth in the rules and regulations as promulgated by the Ethics Board. The Executive Director may be removed by a majority vote of the Ethics Board. The Executive Director shall review the disclosure forms, annual and transactional, filed hereunder and transmit such forms or the notice regarding such forms as required herein. The Executive Director shall cause the information required to be filed with the Ethics Board to be compiled in an orderly fashion and insure a timely response to requests for information pursuant to the Freedom of Information Law.

Editor's Note: See Public Officers Law § 85 et seq.

(2)

The Town Attorney or his/her designee shall serve as counsel to the Ethics Board, except he/she shall be excused when he/she or the Ethics Board determines that he/she has, or may reasonably appear to have, a conflict of interest. In such event, substitute counsel shall be provided in a timely fashion.

Advisory opinions.

(1)

The Board of Ethics shall render advisory opinions to officers, employees or former employees of the Town of Brookhaven with respect to Article 18 of the General Municipal Law and this Code of Ethics. Such advisory opinions shall be rendered pursuant to the written request of an affected individual officer, employee or former employee of the Town of Brookhaven, the Supervisor or by resolution of a majority of the Town Board.

(2)

The Board of Ethics shall make available to all officers and employees of the Town copies of this chapter and, upon request, all applicable forms adopted by the Town Board and such state statutes which it believes may be of assistance to the officers and employees in complying with applicable ethics provisions.

(3)

Investigations.

(a)

Investigations. Upon receipt of a sworn complaint by any person alleging a violation of this chapter or upon determining on its own initiative that a violation of this chapter may exist, the Ethics Board shall have the authority to conduct any investigation necessary to carry out the provisions of this chapter. In conducting any such investigation, the Ethics 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 and material.

(b)

Hearings; penalties. In its discretion, after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law, the Ethics Board may recommend in writing to the Town Board appropriate disciplinary action.

(c)

The Ethics Board may only act with respect to officers, employees and former employees of the Town. The termination of a Town officer's, employee's or former employee's term of office or employment with the Town shall not affect the jurisdiction of the Board with respect to the requirements imposed by this chapter on the former officer or former employee.

(d)

The Town Board shall receive the recommendation(s) of the Ethics Board and shall take such disciplinary action and impose such penalties as provided in this chapter. The Town Board may review the findings of fact and the record, if any, as shall be made available to it by the Ethics Board.

(e)

The Board of Ethics shall refer any violation of any provision of this chapter to an appropriate prosecutorial agency.

Generally, opinions of the Board are required in order to comply not only with the letter of the Code of Ethics, but also with the spirit of preventing violations of an acceptable code of conduct. All opinions of the Board shall be published and available in the Town Clerk's office, with all references to names, addresses and other information that would constitute a breach of confidentiality removed therefrom. The Board shall at all times protect the confidentiality of all Town officials, officers, employees or former employees of the Town or any subdivision thereof requesting an opinion therefrom.

Consistent with its duties and mandate and due process of law, the Board of Ethics shall operate under such rules and regulations as it deems reasonable and necessary to orderly administer and fulfill its duties and functions. The rules and regulations shall be filed with the Town Board, and, unless rejected or modified within 60 days, shall be deemed adopted.

The Board of Ethics shall present an annual report of its activities to the Town Board at a public hearing.

The Board of Ethics shall have the powers and duties in connection with disclosure forms as set forth in this code.

The Board of Ethics shall have such other powers and duties as shall be provided by or pursuant to Article 18, and any amendments thereto, of the General Municipal Law of the State of New York, which is incorporated by reference herein.

Training and education. The Ethics Board shall develop educational materials, an educational program on the provisions of this chapter and shall be required to provide annual training to all Town employees. The Ethics Board shall file a copy of all such materials with the Town Clerk and make information concerning this chapter and the Ethics Code available to the officers and employees of the Town, to the public, and to persons interested in doing business with the Town of Brookhaven.