§ 9-7. Penalties for offenses.  


Latest version.
  • A. 
    A reporting individual who knowingly and willfully with intent to deceive makes a false statement or gives information which such individual knows or should have known to be false on such statement of financial disclosure filed pursuant to this section shall be assessed a civil penalty in an amount not to exceed $10,000. Assessment of a civil penalty hereunder shall be made by the Town of Lancaster Board of Ethics.
    B. 
    For a violation of this subsection the Town of Lancaster Board of Ethics may, in lieu of a civil penalty, refer a violation to the District Attorney, and upon such conviction, but only after such referral, such violation shall be punishable as a Class A misdemeanor.
    C. 
    Notwithstanding any other provision of law to the contrary, no other penalty, civil or criminal, may be imposed for failure to file or for false filing of such statement, except that the appointing authority may impose disciplinary action as otherwise provided by law.
    D. 
    The Town of Lancaster Board of Ethics shall adopt rules governing the conduct of adjudicatory proceedings and appeals relating to the assessment of civil penalties herein authorized. Such rules shall provide for due process procedural mechanisms substantially similar to those set forth in Article III of the State Administrative Procedures Act, but such mechanisms may not be identical in terms or scope.
    E. 
    Assessment of a civil penalty shall be final unless modified, suspended or vacated within 30 days of imposition and upon becoming final shall be subject to review at the instance of the affected reporting individual in a proceeding commenced against the Town of Lancaster Board of Ethics, pursuant to Article 78 of the Civil Practice Law and Rules.