§ 2-255. Board of ethics.

(a)

Establishment. The board of trustees, pursuant to article 18 of the state General Municipal Law, hereby establishes the village board of ethics, responsible for ensuring full compliance with this code of ethics and disclosure. The board of ethics shall consist of three members, all village residents, who shall be appointed by the board of trustees. Two members of the board of ethics shall be selected from the general public who shall not be affiliated with any other village board. All members of the ethics committee shall be approved by majority vote of the entire board of trustees. Any action of the board of ethics shall require two affirmative votes.

(b)

Membership.

(1)

Members of the board of ethics shall serve without compensation, but shall be entitled to reimbursement of reasonable expenses and for mileage, in accordance with rules established by the board of trustees. Members of the board of ethics shall be construed under this article as policy-making officials, and thus be subject to all of the appropriate ethics and disclosure requirements.

(2)

The members of the board of ethics shall serve staggered three-year terms. Members shall not serve more than two full three-year terms.

(c)

Removal. In addition to penalties defined specifically for violation of this ethics Law and other pertinent sections of local state and federal law, members of the board of ethics may be removed for cause by the board of trustees. Prior to removal, the board of ethics member shall be given written notice of the grounds for removal and an opportunity to be heard.

(d)

Powers and duties.

(1)

The board of ethics shall possess all powers and duties authorized by section 808 of General Municipal Law.

(2)

The board of ethics shall promulgate rules and regulations in furtherance of its powers and duties enumerated herein. Said rules and regulations shall include rules governing the conduct of adjudicatory proceedings and appeals relating to the assessment of the civil penalties herein authorized. The board of trustees may empower the board of ethics to subpoena any individual, whether or not a village officer, employee or appointed official, and any document or thing which the board of ethics deems necessary to the resolution of any pending adjudicatory proceeding or matter.

(3)

Opinions.

a.

The board of ethics shall render advisory opinions, in writing, regarding specific matters pertaining to this article and article 18 of the General Municipal Law. Such opinions shall be rendered only upon written request by the officer, employee or appointed official concerning only the subject of the inquiry.

b.

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 or proceeding under section 2-256(a) and (b) of this article involving the officer, employee or appointed official who requested the advisory opinion. 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.

(4)

The village attorney or his or her deputy shall serve as counsel to the board of ethics.

(5)

The board of ethics shall be empowered to request support staff assistance from the chief elected official in furtherance of its duties and responsibilities.

(L.L. No. 8-2002, § 6, 10-28-02)