§ 65-5. Authority of Compliance Officer; information and assistance from Town departments; unreasonable refusal.  


Latest version.
  • A. 
    In addition to the powers and duties otherwise provided in this chapter, the Compliance Officer, in carrying out the provisions of this chapter, is authorized, subject to applicable laws:
    (1) 
    To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the Town department which relate to Town of Hempstead government contracts and/or procurement of said contracts;
    (2) 
    To make such reports relating to the administration of the programs and operations concerning Town of Hempstead government contracts and/or procurement of said contracts as are, in the judgment of the Compliance Officer, necessary or desirable;
    (3) 
    To request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this chapter from a federal, state or local government agency;
    (4) 
    To require the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information, as well as any tangible thing) and documentary evidence necessary in the performance of the functions assigned by this chapter, which, in the case of contumacy or refusal to obey, shall be enforceable by order of any court of competent jurisdiction;
    (5) 
    To have direct and prompt access to the Commissioner or department head involved when necessary for purposes pertaining to the performance of functions and responsibilities which the Compliance Officer has under this chapter.
    B. 
    Upon request from the Compliance Officer for information or assistance under Subsection (A)(3), the Commissioner or head of any Town department involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Town department from which the information is requested, furnish to the Compliance Officer or to an authorized designee such information or assistance.
    (1) 
    Every department of Town government and every employee, official and vendor of the Town shall fully cooperate with the Compliance Officer in any review which relates to Town of Hempstead government contracts and/or procurement programs and operations with respect to which the Compliance Officer has duties and responsibilities under this chapter.
    C. 
    The Compliance Officer shall report to the Town Board any vendor, Town employee, or Town official that is not cooperating in the Compliance Officer's review.
    D. 
    Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52, and 125 of the Town Law of the State of New York or any other powers, which may be lawfully exercised by said Supervisor.
    E. 
    Nothing herein contained shall be construed to transfer any power of the Town Board which must be lawfully exercised by said Town Board.