Shelter Island Ethics Board is empowered
The Town’s Code of Ethics has undergone a revision to broaden the scope of circumstances when private employment could conflict with official duties of an elected or appointed official.
The revision adopted by the Town Board in mid-October essentially expands to ensure it applies to all private employment that might unfairly influence how an employee or appointee carries out his or her responsibilities.
The revised language was recommended by the Board of Ethics, and the Town Board finds it is in the best interests of the town to “ensure that all types of private employment, in whatever form, do not substantially conflict” with official duties.
The original code listed circumstances that could trigger concerns and potential action.
The revised law applies to:
• A conflict that “can be reasonably expected to require more than sporadic recusal and abstention.”
• The action or statement can be expected to require disclosure or use of confidential information. It can be expected to require disclosure or use of confidential information gained by reason of serving in a town job.
• Representing a person or organization other than the Town in a situation in which the Town is involved.
The purpose of the revisions is to ensure all private employment, and not just circumstances currently enumerated in the Town Code, are covered. That leaves the discretion up to the Board of Ethics.
Its actions can often be advisory when an individual brings concerns to the Board of Ethics for advice. But it can extend to concerns of others about potential conflicts that can lead to an investigation and result in penalties.
Such penalties can vary from a warning, reprimand, suspension, firing or civil fines.
A finding of damages may only be made by the Town Board or an appropriate court of law.
A civil forfeiture could be imposed in addition to any other penalty and could be equal to three times the value of any financial benefit received as a result of the conduct that is determined to constitute a violation. Triple damages and/or civil forfeiture may only be imposed by the Town Board or a court of appropriate authority. The Town Board can initiate an action or special proceeding, as appropriate, in a court of appropriate jurisdiction to obtain civil forfeiture.
The Town Board can refer any information that it receives concerning a possible criminal violation to the appropriate prosecutor or other law enforcement agency. Within 45 days of receipt of a written referral from the Ethics Board, the Town Board is to respond in writing about its intention with respect to that referral.
