Ethics Board
On October 9, 2024 the Town of Chester Town Board adopted Local Law 10 of 2024, A Local Law to Repeal and Replace Chapter 7 of the Town of Chester Code, Entitled “Ethics, Code of”. Full context attached here: Local Law 10 of 2024 – Code of Ethics (pdf)
From within the text, the establishment and rules and regulation of the Ethics Board is defined, along with the procedure for hearing complaints. Complaints should be in writing, marked “Confidential” and addressed to the Ethics Board, Town of Chester, c/o Town Clerk, 1786 Kings Highway, Chester, New York 10918. Upon receipt the complaint will be transferred to the Ethics Board Attorney for proper handling and dissemination to Ethics Board members.
Article III – Board of Ethics
§ 7-19 Establishment and Members
A. There is hereby created an Ethics Board, which shall be charged with the administration of this Code of Ethics.
B. The Ethics Board shall be composed of five (5) resident electors, and at no time shall more than two members be of the same political party. The Town Board shall appoint the members of the Ethics Board. Of the five members initially appointed one shall be appointed for a term of five (5) years, one for a term of four years, one for a term of three (3) years, one for a term of two (2) years and one for a term of one (1) year. Thereafter, upon the expiration of the initial term of any member of the Board or in the event that a vacancy exists on said Board, the Town Board shall appoint a new member to fill the vacancy. All subsequent appointments to the Board shall be for terms of two years. In no event may any member of the Board serve on said Board for a period of more than five years in succession. Any member having served for five years in succession shall be ineligible for reappointment to the Board for a period of two years after he last served on the Ethics Board. Each member shall serve until his successor has been appointed.
C. The Ethics Board shall adopt and promulgate reasonable rules and regulations for the administration of its proceedings. The rules and regulations so promulgated and all amendments thereto shall be made available at the office of the Town Clerk to any elector of the Town.
§ 7-20 Powers and Duties
A. The Ethics Board shall have the following powers and duties:
- To review, investigate and determine written complaints of alleged violations of this Chapter pursuant to § 7-21
- To render advisory opinions pursuant to § 7-22.
- To provide training and education to Town officers and employees
- To prepare an annual report to the Town Board summarizing the activities of the Ethics Board.
- To recommend changes to this Local law as it deems appropriate.
§ 7-21 Hearing Complaints
A. Any person who has knowledge of a violation of this Code of Ethics committed by any person subject to the jurisdiction of this chapter may make a signed written report of the same to the Ethics Board. The fact that a report has been received, the contents of the report and the identity of the person making the report shall remain confidential until such time as the Ethics Board has made an
initial threshold determination that probable cause exists to believe that a violation of the Code of Ethics has occurred.
B. Upon receipt of a report, the Ethics Board, without benefit of subpoenas or sworn testimony, shall make such preliminary investigation as it deems appropriate to determine whether probable cause exists to believe that a violation of the Code of Ethics has occurred. If the Ethics Board is satisfied that probable cause does exist, it may choose between two courses of action as follows:
- Refer the matter to the proper authorities for criminal prosecution, provided that upon a determination that the proof beyond a reasonable doubt necessary for criminal conviction is not available, the proper authorities may refer the matter back to the Ethics Board proceedings consistent with this chapter.
- Retain the matter for its own formal investigation with a view toward the ultimate disposition by the Ethics Board in the event that it is determined an
actual violation has occurred.
C. If the Ethics Board should determine probable cause does not exist, it shall communicate its decision, in writing, to the person who made the initial report. The Ethics Board’s determination of lack of probable cause shall remain confidential, unless the person who made the initial report chooses to make his or her complaint public. Should this later event occur, all of the Ethics Board’s records, files, notes, correspondence and investigative materials relating to the finding of lack of probable cause shall be made open for public inspection.
D. Should the Ethics Board decide to retain the matter for its own formal investigation pursuant to Subsection B(2) above, the Ethics Board shall notify, in writing, the person who made the report and the person complained against of its decision to pursue a formal investigation by way of holding a hearing to determine if a violation has occurred. The person complained against may choose whether the hearing shall be open or closed to the public.
E. Hearings conducted by the Ethics Board.
- Hearings conducted by the Ethics Board shall be informal. The person complained against may be represented by legal counsel and/or by his or her bargaining representative and may present and cross-examine witnesses and give evidence before the Ethics Board. The Ethics Board may call witnesses on its own motion and compel the production of books, records, papers or other evidence needed. To that end, the proper authorities shall issue subpoenas and subpoenas at the request of the Ethics Board or the person complained against. All testimony shall be under oath administered by the Ethics Board. The Ethics Board may adjourn its hearing from time to time in order to allow for the orderly presentation of evidence.
- Upon motion made by the person complained against or upon its own motion, the Ethics Board may temporarily stay or permanently suspend its investigation when, in its informed discretion, the manifest needs of justice and fairness will be better served thereby.
- The Ethics Board shall prepare an official record of the hearing, including all testimony, which shall be recorded manually or by mechanical device, and exhibits, provided that the Ethics Board shall not be required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription.
F. Within 30 days after the conclusion of the hearing, the Ethics Board shall make and fully record in its permanent records findings of fact, conclusions of law and its recommendation of a penalty. A copy of the findings, conclusions and recommended disposition shall be forwarded by certified mail to the person who made the initial report and to the person complained against at addresses as
given by both persons to the Ethics Board and shall be filed simultaneously with the Town Clerk.
G. To the extent the recommended penalty is a warning or reprimand, the Ethics Board shall have the authority to impose such a penalty.