§ 65-6. Complaints by employees or members of the public; reviews; disclosure of identity; appeals; reprisals.

A. 

The Compliance Officer may receive and review complaints which relate 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.

B. 

Any such complaint, as specified in Subsection A of this Section, to the Compliance Officer must be by sworn affidavit and contain facts with reasonable specificity and particularity or it shall be deemed null and void.

C. 

The Compliance Officer shall, upon receiving a valid complaint that meets the criteria specified in Subsections A and B of this section, fully review, and within 120 days of receiving such complaint, act within his or her discretion to either:

(1) 

Render one of the following decisions:

(a) 

Recommend to the applicable appointing authority that a warning for improper behavior be issued;

(b) 

Complaint dismissed because it was not corroborated;

(c) 

Complaint dismissed as unfounded; or

(2) 

Make a recommendation to the applicable appointing authority, subject to due process requirements and subject to any applicable provision of law and collective bargaining agreements, that the applicable appointing authority take any of the following actions:

(a) 

Impose appropriate disciplinary action;

(b) 

Initiate an action in the Supreme Court of the State of New York to obtain monetary damages;

(c) 

Initiate an action or special proceeding, as appropriate, in the Supreme Court of the State of New York to obtain civil forfeiture;

(d) 

Recommend an action or special proceeding, as appropriate, in the Supreme Court of the State of New York for injunctive relief to enjoin a violation of appropriate law or to compel compliance with applicable law or code;

(e) 

Suspension or termination of an employee;

(f) 

Debarment of vendor from doing business with the Town for a period of not less than two years and not more than seven years.

D. 

The Compliance Officer shall maintain the confidentiality of any complainant and/or witness and shall not disclose the identity of any complainant or witness unless required by law or obtains the written consent of the complainant.

E. 

No person making a complaint under this section shall be subject to reprisal for making said complaint.

F. 

The Compliance Officer in his/her discretion may limit the number of complaints an individual can make.

G. 

For items, (2), (3), (4) and (6), in Subsection B2 of this section, the standard of proof for the Compliance Officer's decision shall be preponderance of the evidence, which standard shall be that as may be determined by the most recent case law.

H. 

Appeals. The Town Board shall establish a three-member panel to hear appeals as they relate to items (2), (3), (4) and (6) in Subsection B2 of this section. The per diem shall be $700 per day, and two votes are needed for any decision. Notice of appeal must be filed with the Town Attorney within 30 days of receipt by subject of written notice of Compliance Officer's decision or it is waived. Notice shall contain a brief summary of grounds for appeal.

I. 

Confidentiality. To the extent required by law or imposed by a court of competent jurisdiction, the Compliance Officer shall keep all information and documentation in his/her possession confidential.

J. 

There shall be no internal appeal from determinations made under § 65-6G herein. An aggrieved party may seek judicial relief by Article 78 or other suitable remedy.

K. 

A person or vendor shall be entitled to have at their sole cost and expense legal counsel in any interview with the Compliance Officer or its staff, and in the case where a collective bargaining agreement with the Town is relevant, all the protections afforded therein shall be applied to the Town employee.

L. 

Nothing in this section shall be construed to permit the Compliance Officer to conduct an investigation of himself or herself or of any of his or her staff. If the Compliance Officer receives a complaint alleging that the Compliance Officer or any of his or her staff has violated any provision of law, the Compliance Officer shall promptly transmit to the Board of Ethics a copy of the complaint.