New York State Consolidated Laws
General Municipal
ARTICLE 18
CONFLICTS OF INTEREST OF MUNICIPAL OFFICERS AND
EMPLOYEES
Section 800. Definitions.
801. Conflicts of interest prohibited.
802. Exceptions.
803. Disclosure of interest.
804. Contracts void.
804-a. Certain interests prohibited.
805. Violations.
805-a. Certain action prohibited.
805-b. Solemnization of marriages.
806. Code of ethics.
807. Posting of statute.
808. Boards of ethics.
809. Disclosure in certain applications.
810. Additional definitions.
811. Promulgation of form of annual statement of financial
disclosure; authority of governing body with respect to persons
subject thereto.
812. Financial disclosure for local elected officials and certain
officers and employees of counties, cities, towns and villages.
* 813. Temporary state commission on local government ethics;
functions, powers and duties; review of financial disclosure
statements; advisory opinions; investigation and enforcement.
* NB Expires 92/12/31
Sec. 800. Definitions. When used in this article and unless
otherwise expressly stated or unless the context otherwise requires:
1. "Chief fiscal officer" means a comptroller, commissioner of
finance, director of finance or other officer possessing similar
powers and duties, except that in a school district the term shall
not mean a member of the board of education or a trustee thereof.
2. "Contract" means any claim, account or demand against or
agreement with a municipality, express or implied, and shall include
the designation of a depository of public funds and the designation
of a newspaper, including but not limited to an official newspaper,
for the publication of any notice, resolution, ordinance, or other
proceeding where such publication is required or authorized by law.
3. "Interest" means a direct or indirect pecuniary or material
benefit accruing to a municipal officer or employee as the result of
a contract with the municipality which such officer or employee
serves. For the purposes of this article a municipal officer or
employee shall be deemed to have an interest in the contract of (a)
his spouse, minor children and dependents, except a contract of
employment with the municipality which such officer or employee
serves, (b) a firm, partnership or association of which such officer
or employee is a member or employee, (c) a corporation of which such
officer or employee is an officer, director or employee and (d) a
corporation any stock of which is owned or controlled directly or
indirectly by such officer or employee.
4. "Municipality" means a county, city, town, village, school
district, consolidated health district, county vocational education
and extension board, public library, board of cooperative educational
services, urban renewal agency, a joint water works system
established pursuant to chapter six hundred fifty-four of the laws of
nineteen hundred twenty-seven, or a town or county improvement
district, district corporation, or other district or a joint service
established for the purpose of carrying on, performing or financing
one or more improvements or services intended to benefit the health,
welfare, safety or convenience of the inhabitants of such
governmental units or to benefit the real property within such units,
an industrial development agency but shall have no application to a
city having a population of one million or more or to a county,
school district, or other public agency or facility therein.
5. "Municipal officer or employee" means an officer or employee
of a municipality, whether paid or unpaid, including members of any
administrative board, commission or other agency thereof and in the
case of a county, shall be deemed to also include any officer or
employee paid from county funds. No person shall be deemed to be a
municipal officer or employee solely by reason of being a volunteer
fireman or civil defense volunteer, except a fire chief or assistant
fire chief.
6. "Treasurer" means a county treasurer, city treasurer, town
supervisor, village treasurer, school district treasurer, fire
district treasurer, improvement district treasurer, president of a
board of health of a consolidated health district, county vocational
educational and extension board treasurer, treasurer of a board of
cooperative educational services, public general hospital treasurer,
or other officer possessing similar powers and duties.
Sec. 801. Conflicts of interest prohibited. Except as
provided in section eight hundred two of this chapter, (1) no
municipal officer or employee shall have an interest in any
contract with the municipality of which he is an officer or
employee, when such officer or employee, individually or as a
member of a board, has the power or duty to (a) negotiate,
prepare, authorize or approve the contract or authorize or
approve payment thereunder (b) audit bills or claims under the
contract, or (c) appoint an officer or employee who has any of
the powers or duties set forth above and (2) no chief fiscal
officer, treasurer, or his deputy or employee, shall have an
interest in a bank or trust company designated as a depository,
paying agent, registration agent or for investment of funds of
the municipality of which he is an officer or employee. The
provisions of this section shall in no event be construed to
preclude the payment of lawful compensation and necessary
expenses of any municipal officer or employee in one or more
positions of public employment, the holding of which is not
prohibited by law.
S 802. Exceptions. The provisions of section eight hundred one of
this chapter shall not apply to:
1. a. The designation of a bank or trust company as a depository,
paying agent, registration agent or for investment of funds of a
municipality except when the chief fiscal officer, treasurer, or his
deputy or employee, has an interest in such bank or trust company;
provided, however, that where designation of a bank or trust company
outside the municipality would be required because of the foregoing
restriction, a bank or trust company within the municipality may
nevertheless be so designated;
b. A contract with a person, firm, corporation or association in
which a municipal officer or employee has an interest which is
prohibited solely by reason of employment as an officer or employee
thereof, if the remuneration of such employment will not be directly
affected as a result of such contract and the duties of such
employment do not directly involve the procurement, preparation or
performance of any part of such contract;
c. The designation of a newspaper, including but not limited to an
official newspaper, for the publication of any notice, resolution,
ordinance or other proceeding where such publication is required or
authorized by law;
d. The purchase by a municipality of real property or an interest
therein, provided the purchase and the consideration therefor is
approved by order of the supreme court upon petition of the governing
board;
e. The acquisition of real property or an interest therein, through
condemnation proceedings according to law;
f. A contract with a membership corporation or other voluntary
non-profit corporation or association;
g. The sale of bonds and notes pursuant to section 60.10 of the
local finance law;
h. A contract in which a municipal officer or employee has an
interest if such contract was entered into prior to the time he was
elected or appointed as such officer or employee, but this paragraph
shall in no event authorize a renewal of any such contract;
i. Employment of a duly licensed physician as school physician for a
school district upon authorization by a two-thirds vote of the board
of education of such school district, notwithstanding the fact that
such physician shall have an interest, as defined in section eight
hundred one of this chapter, in such employment.
j. Purchases or public work by a municipality, other than a county,
located wholly or partly within a county with a population of two
hundred thousand or less pursuant to a contract in which a member of
the governing body or board has a prohibited interest, where:
(1) the member of the governing body or board is elected and serves
without salary;
(2) the purchases, in the aggregate, are less than five thousand
dollars in one fiscal year and the governing body or board has
followed its procurement policies and procedures adopted in accordance
with the provisions of section one hundred four-b of this chapter and
the procurement process indicates that the contract is with the lowest
dollar offer;
(3) the contract for the purchases or public work is approved by
resolution of the body or board by the affirmative vote of each member
of the body or board except the interested member who shall abstain.
2. a. A contract with a corporation in which a municipal officer or
employee has an interest by reason of stockholdings when less than
five per centum of the outstanding stock of the corporation is owned
or controlled directly or indirectly by such officer or employee;
b. A contract for the furnishing of public utility services when the
rates or charges therefor are fixed or regulated by the public service
commission;
c. A contract for the payment of a reasonable rental of a room or
rooms owned or leased by an officer or employee when the same are used
in the performance of his official duties and are so designated as an
office or chamber;
d. A contract for the payment of a portion of the compensation of a
private employee of an officer when such employee performs part time
service in the official duties of the office;
e. A contract in which a municipal officer or employee has an
interest if the total consideration payable thereunder, when added to
the aggregate amount of all consideration payable under contracts in
which such person had an interest during the fiscal year, does not
exceed the sum of seven hundred fifty dollars.
f. A contract with a member of a private industry council
established in accordance with the federal job training partnership
act or any firm, corporation or association in which such member holds
an interest, provided the member discloses such interest to the
council and the member does not vote on the contract.
Sec. 803. Disclosure of interest. 1. Any municipal officer
or employee who has, will have, or later acquires an interest in
any actual or proposed contract with the municipality of which he
is an officer or employee, shall publicly disclose the nature and
extent of such interest in writing to the governing body thereof
as soon as he has knowledge of such actual or prospective
interest. Such written disclosure shall be made part of and set
forth in the official record of the proceedings of such body.
Once disclosure has been made by an officer or employee with
respect to an interest in a contract with a particular person,
firm, corporation or association, no further disclosures need be
made by such officer or employee with respect to additional
contracts with the same party during the remainder of the fiscal
year.
2. Notwithstanding the provisions of subdivision one of this
section, disclosure shall not be required in the case of an
interest in a contract described in subdivision two of section
eight hundred two hereof.
Sec. 804. Contracts void. Any contract willfully entered
into by or with a municipality in which there is an interest
prohibited by this article shall be null, void and wholly
unenforceable.
S 804-a. Certain interests prohibited. No member of the governing
board, of a municipality shall have any interest in the development or
operation of any real property located within Nassau County and devel-
oped or operated by any membership corporation originally formed for
purposes among which are the following:
1. to plan for, advise, recommend, promote and in all ways encourage,
alone or in concert with public officials and bodies and interested
local associations, the development and establishment of any lands in
Nassau County publically owned with particular emphasis on industrial,
business, commercial, residential and public uses, the augmention of
public revenues and furtherance of the public interest of the citizens
of Nassau County;
2. to conduct studies to ascertain the needs of Nassau County as
pertains to such publically owned lands and supporting facilities and in
Nassau County generally for the purpose of aiding the County of Nassau
in attracting new business, commerce and industry to it and in encourag-
ing the development and retention of business, commerce and industry;
3. to relieve and reduce unemployment, promote and provide for addi-
tional and maximum employment, better and maintain job opportunities and
instruct or train individuals to improve or develop their capabilities
for such jobs;
4. to implement and engage itself in plans of development of such
publically owned lands and other areas in connection with private compa-
nies and citizens and with public bodies and officials, and to partic-
ipate in such operations, leaseholds, loans, ownerships with respect to
land, buildings or public facilities or interest therein as may be
lawful and desirable to effectuate its corporate purposes and the best
interests of the people of Nassau County.
Sec. 805. Violations. Any municipal officer or employee who
willfully and knowingly violates the foregoing provisions of this
article shall be guilty of a misdemeanor.
S 805-a. Certain action prohibited. 1. No municipal officer or employee
shall: a. directly or indirectly, solicit any gift, or accept or receive
any gift having a value of seventy-five dollars or more, whether in the
form of money, service, loan, travel, entertainment, hospitality, thing or
promise, or in any other form, under circumstances in which it could
reasonably be inferred that the gift was intended to influence him, or
could reasonably be expected to influence him, in the performance of his
official duties or was intended as a reward for any official action on his
part;
b. disclose confidential information acquired by him in the course of
his official duties or use such information to further his personal
interests;
c. receive, or enter into any agreement, express or implied, for
compensation for services to be rendered in relation to any matter before
any municipal agency of which he is an officer, member or employee or of
any municipal agency over which he has jurisdiction or to which he has the
power to appoint any member, officer or employee; or
d. receive, or enter into any agreement, express or implied, for
compensation for services to be rendered in relation to any matter before
any agency of his municipality, whereby his compensation is to be dependent
or contingent upon any action by such agency with respect to such matter,
provided that this paragraph shall not prohibit the fixing at any time of
fees based upon the reasonable value of the services rendered.
2. In addition to any penalty contained in any other provision of law,
any person who shall knowingly and intentionally violate this section may
be fined, suspended or removed from office or employment in the manner
provided by law.
S 805-b. Solemnization of marriages. Notwithstanding any statute, law or
rule to the contrary, no public officer listed in section eleven of the
domestic relations law shall be prohibited from accepting any gift or
benefit having a value of seventy-five dollars or less, whether in the form
of money, property, services or entertainment, for the solemnization of a
marriage by such public officer at a time and place other than the public
officer`s normal public place of business, during normal hours of business.
For the purpose of this section, a town or village judge`s normal hours of
business shall mean those hours only which are officially scheduled by the
court for the performing of the judicial function.
S 806. Code of ethics. 1. (a) The governing body of each county, city,
town, village and school district shall and the governing body of any other
municipality may by local law, ordinance or resolution adopt a code of
ethics setting forth for the guidance of its officers and employees the
standards of conduct reasonably expected of them. Such code shall provide
standards for officers and employees with respect to disclosure of interest
in legislation before the local governing body, holding of investments in
conflict with official duties, private employment in conflict with official
duties, future employment and such other standards relating to the conduct
of officers and employees as may be deemed advisable. Such codes may
regulate or prescribe conduct which is not expressly prohibited by this
article but may not authorize conduct otherwise prohibited. Such codes may
provide for the prohibition of conduct or disclosure of information and the
classification of employees or officers.
(b) Effective on and after January first, nineteen hundred ninety-one,
such codes of political subdivisions, as defined in section eight hundred
ten of this article, may contain provisions which require the filing of
completed annual statements of financial disclosure with the appropriate
body, as defined in section eight hundred ten of this article. Nothing
herein shall be construed to restrict any political subdivision or any
other municipality from requiring such a filing prior to January first,
nineteen hundred ninety-one. Other than as required by subdivision two of
section eight hundred eleven of this article, the governing body of any
such political subdivision or other municipality may at any time subsequent
to the effective date of this paragraph (b), adopt a local law, ordinance
or resolution pursuant to subdivision one of section eight hundred eleven
of this article and any such political subdivision or municipality, acting
by its governing body, may take such other action as is authorized in such
subdivision. Any political subdivision or other municipality to which all
of the provisions of section eight hundred twelve of this article apply may
elect to remove itself from the ambit of all (but not some) provisions of
such section in the manner authorized in subdivision three of such section
eight hundred twelve. In such event any such political subdivision or
municipality shall be subject to certain conditions and limitations set
forth in paragraphs (a), (b) and (c) of such subdivision three which shall
include, but not be limited to, the promulgation of a form of an annual
statement of financial disclosure described in subdivision one of such
section eight hundred eleven.
2. The chief executive officer of a municipality adopting a code of
ethics shall cause a copy thereof to be distributed to every officer and
employee of his municipality. Failure to distribute any such copy or
failure of any officer or employee to receive such copy shall have no
effect on the duty of compliance with such code, nor the enforcement of
provisions thereof.
3. Until January first, nineteen hundred ninety-one, the clerk of each
municipality shall file in the office of the state comptroller and on or
after January first, nineteen hundred ninety-one, the clerk of each
municipality and of each political subdivision, as defined in section eight
hundred ten of this article, shall file with the temporary state commission
on local government ethics established by section eight hundred thirteen of
this article, if such temporary state commission be in existence, and in
all events shall maintain as a record subject to public inspection:
(a) a copy of any code of ethics or any amendments to any code of ethics
adopted within thirty days after the adoption of such code or such
amendment,
(b) a statement that such municipality or political subdivision has
established a board of ethics, in accordance with section eight hundred
eight and/or pursuant to other law, charter, code, local law, ordinance or
resolution, and the composition of such board, within thirty days after the
establishment of such board.
(c) a copy of the form of annual statement of financial disclosure
described in subdivision one of section eight hundred eleven of this
article and either a statement of the date such annual statement form was
promulgated by local law, ordinance or resolution of the governing body, if
adopted pursuant to subparagraph (i) of paragraph (a) of subdivision one of
section eight hundred eleven of this article, or a statement that the
governing body has, by local law, ordinance or resolution, resolved to
continue the use of an authorized form of annual statement of financial
disclosure in use on the date such local law, ordinance or resolution is
adopted, if adopted pursuant to subparagraph (ii) of paragraph (a) of
subdivision one of section eight hundred eleven of this article, and if as
of January first, nineteen hundred ninety-one, no such form was promulgated
and no such resolve was made to continue using an existing annual statement
form, a statement that the provisions of section eight hundred twelve of
this article apply or that it is a municipality which is not subject to the
provisions of section eight hundred twelve of this article because it is
not a political subdivision as defined in section eight hundred ten of this
article.
(d) on or before the fifteenth day of February in each year, the
comptroller or the temporary state commission on local government ethics if
such commission be in existence, or the clerk of the municipality or
political subdivision during or after calendar year nineteen hundred
ninety-one if such commission not be in existence, as the case may be,
shall submit to the legislature a report listing the name of each county,
city, town, village and school district which has as of the thirty-first
day of December next preceding, failed to so file with him or with it, as
the case may be, a code of ethics, or in the case of a filing by the clerk
of the municipality or political subdivision, stating whether or not the
municipality or political subdivision has in effect as of the filing date,
a code of ethics.
(e) not later than April first, nineteen hundred ninety-one, the
comptroller shall submit to the temporary state commission on local
government ethics:
(i) a report that sets forth, (A) the name of each political
subdivision, as such term is defined in section eight hundred ten of this
article, the governing body of which has elected to satisfy the
requirements of subdivision one of section eight hundred eleven of this
article by continuing to use the annual statement form in existence at the
time such election is made as authorized by subdivision one of section
eight hundred eleven of this article, and (B) the name of each political
subdivision, as so defined, other than those listed in clause (A) of this
subparagraph (i), that timely promulgated an annual statement form of
financial disclosure in accordance with subdivision one of section eight
hundred eleven of this article, and (C) in a separate category, sets forth
the name of those political subdivisions that failed to continue using its
existing form or to promulgate a form and which, therefore, by operation of
subdivision two of section eight hundred eleven of this article have become
subject, as of January first, nineteen hundred ninety-one, to the
provisions of section eight hundred twelve of this article. The comptroller
shall, at the same time such report is submitted to the temporary state
commission on local government ethics, notify each political subdivision
which is contained in the latter category that it is subject to section
eight hundred twelve of this article; and
(ii) a copy of the most recent filing by all municipalities and
political subdivisions, made pursuant to paragraphs (a), (b), (c) and (d)
of this subdivision.
Sec. 807. Posting of statute. The chief executive officer
of each municipality shall cause a copy of this article to be
kept posted in each public building under the jurisdiction of his
municipality in a place conspicuous to its officers and
employees. Failure to post any such copy shall have no effect on
the duty of compliance with this article, nor with the
enforcement of the provisions thereof.
S 808. Boards of ethics. 1. The governing body of any county may
establish a county board of ethics and appropriate moneys for maintenance
and personal services in connection therewith. The members of such board
of ethics shall be appointed by such governing body except in the case of a
county operating under an optional or alternative form of county government
or county charter, in which case the members shall be appointed by the
county executive or county manager, as the case may be, subject to
confirmation by such governing body. Such board of ethics shall consist of
at least three members, a majority of whom shall not be officers or
employees of such county or municipalities wholly or partially located in
such county and at least one of whom shall be an elected or appointed
officer or employee of the county or a municipality located within such
county. The members of such board shall receive no salary or compensation
for their services as members of such board and shall serve at the pleasure
of the appointing authority.
2. The board shall render advisory opinions to officers and employees of
municipalities wholly or partly within the county with respect to this
article and any code of ethics adopted pursuant hereto. Such advisory
opinions shall be rendered pursuant to the written request of any such
officer or employee under such rules and regulations as the board may
prescribe and shall have the advice of counsel employed by the board, or if
none, the county attorney. In addition, it may make recommendations with
respect to the drafting and adoption of a code of ethics or amendments
thereto upon the request of the governing body of any municipality in the
county.
3. The governing body of any municipality other than a county may
establish a local board of ethics and, where such governing body is so
authorized, appropriate moneys for maintenance and personal services in
connection therewith. A local board shall have all the powers and duties
of and shall be governed by the same conditions as a county board of
ethics, except that it shall act only with respect to officers and
employees of the municipality that has established such board or of its
agencies. The members of a local board shall be appointed by such person
or body as may be designated by the governing body of the municipality to
serve at the pleasure of the appointing authority and such board shall
consist of at least three members, a majority of whom are not otherwise
officers or employees of such municipality. Such board shall include at
least one member who is an elected or appointed municipal officer or
employee.
4. The county board of ethics shall not act with respect to the officers
and employees of any municipality located within such county or agency
thereof, where such municipality has established its own board of ethics,
except that the local board may at its option refer matters to the county
board.
5. A board of ethics of a political subdivision (as defined in section
eight hundred ten of this article) and of any other municipality, which is
required by local law, ordinance or resolution to be, or which pursuant to
legal authority, in practice is, the repository for completed annual
statements of financial disclosure shall notify the temporary state
commission on local government ethics if such commission be in existence
and if not, shall file a statement with the clerk of its municipality, that
it is the authorized repository for completed annual statements of
financial disclosure and that on account thereof, such completed statements
will be filed with it and not with the commission. Should any local law,
ordinance or resolution be adopted which provides for the filing of such
completed annual statements with the temporary state commission on local
government ethics instead of with such board of ethics, such board of
ethics shall notify the temporary state commission on local government
ethics of that fact.
S 809. Disclosure in certain applications. 1. Every application, petition
or request submitted for a variance, amendment, change of zoning, approval
of a plat, exemption from a plat or official map, license or permit,
pursuant to the provisions of any ordinance, local law, rule or regulation
constituting the zoning and planning regulations of a municipality shall
state the name, residence and the nature and extent of the interest of any
state officer or any officer or employee of such municipality or of a
municipality of which such municipality is a part, in the person,
partnership or association making such application, petition or request
(hereinafter called the applicant) to the extent known to such applicant.
2. For the purpose of this section an officer or employee shall be deemed
to have an interest in the applicant when he, his spouse, or their
brothers, sisters, parents, children, grandchildren, or the spouse of any
of them
(a) is the applicant, or
(b) is an officer, director, partner or employee of the applicant, or
(c) legally or beneficially owns or controls stock of a corporate
applicant or is a member of a partnership or association applicant, or
(d) is a party to an agreement with such an applicant, express or
implied, whereby he may receive any payment or other benefit, whether or
not for services rendered, dependent or contingent upon the favorable
approval of such application, petition or request.
3. In the county of Nassau the provisions of subdivisions one and two of
this section shall also apply to a party officer. "Party officer" shall
mean any person holding any position or office, whether by election,
appointment or otherwise, in any party as defined by subdivision four of
section two of the election law.
4. Ownership of less than five per cent of the stock of a corporation
whose stock is listed on the New York or American Stock Exchanges shall not
constitute an interest for the purposes of this section.
5. A person who knowingly and intentionally violates this section shall
be guilty of a misdemeanor.
S 810. Additional definitions. As used in sections eight hundred elev-
en, eight hundred twelve and eight hundred thirteen of this article:
1. The term "political subdivision" shall mean a county, city, town or
village having a population of fifty thousand or more and shall include
a city with a population of one million or more.
2. The term "local elected official" shall mean an elected official of
the political subdivision, except judges or justices of the unified
court system.
3. The term "local officer or employee" shall mean the heads (other
than local elected officials) of any agency, department, division, coun-
cil, board, commission, or bureau of a political subdivision and their
deputies and assistants, and the officers and employees of such agen-
cies, departments, divisions, boards, bureaus, commissions or councils
who hold policy-making positions, as annually determined by the appoint-
ing authority and set forth in a written instrument which shall be filed
with the appropriate body during the month of February; except that the
term "local officer or employee" shall not mean a judge, justice, offi-
cer or employee of the unified court system. Members, officers and
employees of each industrial development agency and authority shall be
deemed officers or employees of the county, city, village or town for
whose benefit such agency or authority is established.
4. The term "state agency" shall mean any state department, or divi-
sion, board, commission, or bureau of any state department, any public
benefit corporation, public authority or commission at least one of
whose members is appointed by the governor, or the state university of
New York or the city university of New York, including all their
constituent units except community colleges and the independent insti-
tutions operating statutory or contract colleges on behalf of the state.
5. The term "spouse" shall mean the husband or wife of the reporting
individual unless living separate and apart from the reporting individ-
ual with the intention of terminating the marriage or providing for
permanent separation or unless separated pursuant to: (a) a judicial
order, decree or judgment, or (b) a legally binding separation agree-
ment.
6. The term "local political party official" shall mean:
(a) any chairman of a county committee elected pursuant to section
2-112 of the election law, or his or her successor in office, who
received compensation or expenses, or both, from constituted committee
or political committee funds, or both, during the reporting period
aggregating thirty thousand dollars or more;
(b) that person (usually designated by the rules of a county committee
as the "county leader" or "chairman of the executive committee") by
whatever title designated, who pursuant to the rules of a county commit-
tee or in actual practice, possesses or performs any or all of the
following duties or roles, provided that such person received compen-
sation or expenses, or both, from constituted committee or political
committee funds, or both, during the reporting period aggregating thirty
thousand dollars or more:
(i) the principal political, executive and administrative officer of
the county committee;
(ii) the power of general management over the affairs of the county
committee;
(iii) the power to exercise the powers of the chairman of the county
committee as provided for in the rules of the county committee;
(iv) the power to preside at all meetings of the county executive
committee, if such a committee is created by the rules of the county
committee or exists de facto, or any other committee or subcommittee of
the county committee vested by such rules with or having de facto the
power of general management over the affairs of the county committee at
times when the county committee is not in actual session;
(v) the power to call a meeting of the county committee or of any
committee or subcommittee vested with the rights, powers, duties or
privileges of the county committee pursuant to the rules of the county
committee, for the purpose of filling an office at a special election in
accordance with section 6-114 of the election law, for the purpose of
filling a vacancy in accordance with section 6-116 of such law or for
the purpose of filling a vacancy or vacancies in the county committee
which exist by reason of an increase in the number of election districts
within the county occasioned by a change of the boundaries of one or
more election districts, taking effect after the election of its
members, or for the purpose of determining the districts that the
elected members shall represent until the next election at which such
members of such committee are elected; provided, however, that in no
event shall such power encompass the power of a chairperson of an assem-
bly district committee or other district committee smaller than a county
and created by the rules of the county committee, to call a meeting of
such district committee for such purpose;
(vi) the power to direct the treasurer of the party to expend funds of
the county committee; or
(vii) the power to procure from one or more bank accounts of the coun-
ty committee the necessary funds to defray the expenses of the county
committee; and
(c) the city, town or village chairman or leader of a city, town or
village committee of a party as the term party is defined in section
1-104 of the election law, but only with respect to a city, town or
village having a population of fifty thousand or more, and only if such
chairman or leader received compensation or expenses, or both, from
constituted committee or political committee funds, or both, during the
reporting period aggregating thirty thousand dollars or more. The term
chairman or leader is intended to refer to the person who performs the
functions and duties of the chief official of a party in the city, town
or village by whatever title designated.
The terms "constituted committee" and "political committee", as used
in this subdivision six, shall have the same meanings as those contained
in section 14-100 of the election law.
7. The term "relative" shall mean such individual`s spouse, child,
stepchild, stepparent, or any person who is a direct descendant of the
grandparents of the reporting individual or of the reporting individ-
ual`s spouse.
8. The term "unemancipated child" shall mean any son, daughter, step-
son or stepdaughter who is under age eighteen, unmarried and living in
the household of the reporting individual.
9. The term "appropriate body" or "appropriate bodies" shall mean:
(a) in the case of any political subdivision which has created or
hereafter creates a board of ethics which is in existence at the time an
annual statement of financial disclosure is due, and which has been
designated by local law, ordinance or resolution to be the repository
for such completed statements, such board of ethics;
(b) in the case of any political subdivision which has created or
hereafter creates a board of ethics which is in existence at the time an
annual statement of financial disclosure is due, and which has not been
designated by local law, ordinance or resolution to be the repository
for such completed statements, the temporary state commission on local
government ethics;
(c) in the case of any political subdivision for which no board of
ethics is in existence at the time an annual statement of financial
disclosure is due, the temporary state commission on local government
ethics.
10. The term "regulatory agency" shall have the same meaning as
ascribed to such term by subdivision one of section seventy-three of the
public officers law.
11. The term "ministerial matter" shall have the same meaning as
ascribed to such term by subdivision one of section seventy-three of the
public officers law.
12. The term "local agency" shall mean:
(a) any county, city, town, village, school district or district
corporation, or any agency, department, division, board, commission or
bureau thereof; and
(b) any public benefit corporation or public authority not included in
the definition of a state agency.
S 811. Promulgation of form of annual statement of financial
disclosure; authority of governing body with respect to persons subject
thereto. 1. (a) The governing body of each political subdivision may,
not later than January first, nineteen hundred ninety-one, and the
governing body of any other municipality may at any time subsequent to
the effective date of this section, adopt a local law, ordinance, or
resolution: (i) wherein it promulgates a form of annual statement of
financial disclosure which is designed to assure disclosure by municipal
officers and employees, which for the purposes of this section, the
definition for which shall be modified so as to also include a city with
a population of one million or more, and (in the case of a political
subdivision or any other county, city, town or village) which is
designed to assure disclosure by local elected officials and/or by local
political party officials of such financial information as is determined
necessary by the governing body, or (ii) wherein it resolves to continue
the use of an authorized form of annual statement of financial
disclosure in use on the date such local law, ordinance or resolution is
adopted. In either event, such local law, ordinance or resolution if and
when adopted shall specify by name of office or by title or
classification those municipal officers and employees and (in the case
of a political subdivision or any other county, city, town or village)
those local elected officials and/or those local political party
officials which shall be required to complete and file such annual
statement. In a city with a population of one million or more, such
local law, ordinance or resolution shall be at least as stringent in
scope and substance as the provisions of section eight hundred twelve of
this article.
(b) The governing body of a political subdivision or any other county,
city, town or village, which requires the completion and filing of
either of such forms of annual statements of financial disclosure by
local or municipal officers and employees and/or by local elected
officials shall have the power, if it so chooses, to require the
completion and filing of such annual statements of financial disclosure
by local political party officials as if such officials were officers or
employees of such county, city, town or village, provided however, that
a person who is subject to the filing requirements of both subdivision
two of section seventy-three-a of the public officers law and of this
subdivision may satisfy the requirements of this subdivision by filing a
copy of the statement filed pursuant to section seventy-three-a of the
public officers law with the appropriate body, as defined in section
eight hundred ten of this article, on or before the filing deadline
provided in such section seventy-three-a, notwithstanding the filing
deadline otherwise imposed by this subdivision.
(c) The governing body of a political subdivision or any other county,
city, town or village which requires any local or municipal officer or
employee or any local elected official or any local political party
official to complete and file either of such annual statements of
financial disclosure shall have, possess, exercise and enjoy all the
rights, powers and privileges attendant thereto which are necessary and
proper to the enforcement of such requirement, including but not limited
to, the promulgation of rules and regulations pursuant to local law,
ordinance or resolution, which rules or regulations may provide for the
public availability of items of information to be contained on such form
of statement of financial disclosure, the determination of penalties for
violation of such rules or regulations, and such other powers as are
conferred upon the temporary state commission on local government ethics
pursuant to section eight hundred thirteen of this article as such local
governing body determines are warranted under the circumstances existing
in its county, city, town or village.
(d) The local law, ordinance or resolution, if and when adopted, shall
provide for the annual filing of completed statements with either the
temporary state commission on local government ethics or with the board
of ethics of the political subdivision or other municipality and shall
contain the procedure for filing such statements and the date by which
such filing shall be required. If the board of ethics is designated as
the appropriate body, then such local law, ordinance or resolution shall
confer upon the board appropriate authority to enforce such filing
requirement, including the authority to promulgate rules and regulations
of the same import as those which the temporary state commission on
local government ethics enjoys under section eight hundred thirteen of
this article. Any such local law, ordinance or resolution shall
authorize exceptions with respect to complying with timely filing of
such disclosure statements due to justifiable cause or undue hardship.
The appropriate body shall prescribe rules and regulations related to
such exceptions with respect to extensions and additional periods of
time within which to file such statement including the imposition of a
time limitation upon such extensions.
(e) Nothing herein shall be construed to prohibit a political
subdivision or other municipality from promulgating the form of annual
financial disclosure statement set forth in section eight hundred twelve
of this article. Promulgation of the same form of annual financial
disclosure statement set forth in section eight hundred twelve of this
article shall not be deemed an automatic election to be subject to the
provisions of such section.
2. In the event that a political subdivision fails by January first,
nineteen hundred ninety-one to promulgate, or fails by such date to
elect to continue using, a form of annual statement of financial
disclosure in the manner authorized in subdivision one of this section
then the provisions of section eight hundred twelve of this article
shall apply on and after such date to any such political subdivision
subject to the provisions of subdivision three of such section eight
hundred twelve.
S 812. Financial disclosure for local elected officials and certain
officers and employees of counties, cities, towns and villages.
1. (a) Any political subdivision or other county, city, town or
village to which all of the provisions of this section are made applica-
ble, whether as the result of the provisions contained in subdivision
two of section eight hundred eleven of this article or as a result of an
election to be subject to the provisions of this section as permitted by
subdivision two of this section, shall require (i) each of its local
elected officials and local officers and employees, (ii) each local
political party official and (iii) each candidate for local elected
official with respect to such political subdivision, to file an annual
statement of financial disclosure containing the information and in the
form set forth in subdivision five hereof. Such statement shall be
filed on or before the fifteenth day of May with respect to the preced-
ing calendar year, except that:
(i) a person who is subject to the reporting requirements of this
subdivision and who timely filed with the internal revenue service an
application for automatic extension of time in which to file his or her
individual income tax return for the immediately preceding calendar or
fiscal year shall be required to file such financial disclosure state-
ment on or before May fifteenth but may, without being subjected to any
civil penalty on account of a deficient statement, indicate with respect
to any item of the disclosure statement that information with respect
thereto is lacking but will be supplied in a supplementary statement of
financial disclosure, which shall be filed on or before the seventh day
after the expiration of the period of such automatic extension of time
within which to file such individual income tax return, provided that
failure to file or to timely file such supplementary statement of finan-
cial disclosure or the filing of an incomplete or deficient supplementa-
ry statement of financial disclosure shall be subject to the notice and
penalty provisions of this section respecting annual statements of
financial disclosure as if such supplementary statement were an annual
statement;
(ii) a person who is required to file an annual financial disclosure
statement with the temporary state commission on local government
ethics, and who is granted an additional period of time within which to
file such statement due to justifiable cause or undue hardship, in
accordance with required rules and regulations on the subject adopted
pursuant to paragraph c of subdivision nine of section eight hundred
thirteen of this article, shall file such statement within the addi-
tional period of time granted;
(iii) candidates for local elected official who file designating
petitions for nomination at a primary election shall file such statement
within seven days after the last day allowed by law for the filing of
designating petitions naming them as candidates for the next succeeding
primary election;
(iv) candidates for independent nomination for local elected official
who have not been designated by a party to receive a nomination shall
file such statement within seven days after the last day allowed by law
for the filing of independent nominating petitions naming them as candi-
dates for local elected official in the next succeeding general or
special or village election; and
(v) candidates for local elected official who receive the nomination
of a party for a special election or who receive the nomination of a
party other than at a primary election (whether or not for an uncon-
tested office) shall file such statement within seven days after the
date of the meeting of the party committee at which they are nominated.
(b) As used in this subdivision, the terms "party", "committee" (when
used in conjuction with the term "party"), "designation", "primary",
"primary election", "nomination", "independent nomination", "ballot" and
"uncontested office" shall have the same meanings as those contained in
section 1-104 of the election law.
(c) Such statement shall be filed with the appropriate body, as
defined in section eight hundred ten of this article.
(d) The appropriate body, as defined in section eight hundred ten of
this article, shall obtain from the "board of elections", as such term
is defined in section 1-104 of the election law, lists of all candidates
for local elected official, and from such lists, shall determine and
publish lists of those candidates who have not, within ten days after
the required date for filing such statement, filed the statement
required by this subdivision.
(e) Local political party officials and any person required to file
such statement who commences employment after May fifteenth of any year
shall file such statement within thirty days after commencing employment
or of taking the position of local political party official, as the case
may be.
(f) A person who is subject to the filing requirements of both subdi-
vision two of section seventy-three-a of the public officers law and of
this subdivision may satisfy the requirements of this subdivision by
filing a copy of the statement filed pursuant to section seventy-three-a
of the public officers law with the appropriate body, as defined in
section eight hundred ten of this article, on or before the filing dead-
line provided in such section seventy-three-a, notwithstanding the
filing deadline otherwise imposed by this subdivision.
(g) A person who is subject to the filing requirements of this subdi-
vision from more than one political subdivision within the same county
may satisfy the requirements of this subdivision by filing only one
annual statement of financial disclosure with the appropriate body (as
is required in that county) for the county in which such political
subdivisions are located or if such political subdivisions cross one or
more county boundary lines, then such single filing may be made for any
of the counties in which one of such political subdivisions is located
provided, however, that the appropriate bodies (as required by such
other counties) are notified of the name of the county of such compli-
ance by the person who is subjected to the filing requirements of this
subdivision, within the time limit for filing specified in this subdivi-
sion.
(h) A local elected official who is simultaneously a candidate for
local elected official shall satisfy the filing deadline requirements of
this subdivision by complying only with the deadline applicable to one
who holds such local elected office.
(i) A candidate whose name will appear on both a party designating
petition and on an independent nominating petition for the same office
or who will be listed on the election ballot for the same office more
than once shall satisfy the filing deadline requirements of this subdi-
vision by complying with the earliest applicable deadline only.
2. The governing body of a county, city, town or village having a
population of less than fifty thousand may by local law or ordinance
elect to be subject to the provisions of this section. In such event,
any such city, county, town or village shall be deemed to be a political
subdivision under this section.
3. Any political subdivision or other county, city, town or village to
which all of the provisions of this section are made applicable, whether
as a result of the provisions contained in subdivision two of section
eight hundred eleven of this article or as a result of an election to be
subject to the provisions of this section as permitted by subdivision
two of this section, may elect to remove itself from the ambit of all
(but not some) provisions of this section (other than this subdivision)
by adopting a local law, ordinance or resolution specifically referring
to the authority conferred by this subdivision. Provided, however, that
the terms of such local law, ordinance or resolution shall be subject to
the following conditions and limitations:
(a) Such local law, ordinance or resolution must provide for the
promulgation of a form of an annual statement of financial disclosure
described in subdivision one of section eight hundred eleven of this
article for use with respect to information the governing body requires
to be reported for the calendar year next succeeding the year in which
such local law, ordinance or resolution is adopted and for use with
respect to information required to be reported for subsequent calendar
years; and shall provide for the filing of completed statements with
either the temporary state commission on local government ethics or with
the board of ethics of the political subdivision or other municipality,
as specified in subdivision one of section eight hundred eleven of this
article.
(b) Such removal shall not be effective with respect to the annual
financial disclosure statement for the calendar year in which the local
law, ordinance or resolution is adopted (the filing of which statement
is due on May fifteenth of the next succeeding year with certain
exceptions), nor shall such removal be effective with respect to any
required annual financial disclosure statement for the immediately
preceding calendar year (the filing of which statement is due on May
fifteenth (with certain exceptions) of the calendar year in which such
local law, ordinance or resolution is adopted), nor shall such removal
be effective with respect to any other preceding year but such removal
shall apply first to the statement which would have been due on May
fifteenth (with certain exceptions) of the second year next succeeding
the year in which such local law, ordinance or resolution is adopted,
and such removal shall apply thereafter to subsequent statements other-
wise due pursuant to this section.
(c) Such removal shall not affect the power to impose, or the imposi-
tion of, a penalty for failure to file, or for false filing, of any
required annual financial disclosure statement.
(d) The local law, ordinance or resolution referred to in paragraph
(a) of this subdivision or any other such local law, ordinance or resol-
ution so adopted may make provision for any other right, power or privi-
lege granted by subdivision one of such section eight hundred eleven.
4. Nothing contained in this section shall be construed as precluding
the governing body of a political subdivision from requiring additional
and/or more detailed items of financial disclosure than are set forth in
subdivision five hereinbelow.
5. The annual statement of financial disclosure shall contain the
information and shall be in the form set forth hereinbelow:
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FOR
(Insert Name of Political Subdivision) - (For calendar year ________)
1. Name ________________________________________________________________
2. (a) Title of Position _______________________________________________
(b) Department, Agency or other Governmental Entity _________________
(c) Address of Present Office _______________________________________
(d) Office Telephone Number _________________________________________
3. (a) Marital Status ______________. If married, please give spouse`s
full name including maiden name where applicable.
___________________________________
(b) List the names of all unemancipated children.
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Answer each of the following questions completely, with respect to
calendar year _________, unless another period or date is otherwise
specified. If additional space is needed, attach additional pages.
Whenever a "value" or "amount" is required to be reported herein,
such value or amount shall be reported as being within one of the
following Categories: Category A - under $5,000; Category B - $5,000
to under $20,000; Category C - $20,000 to under $60,000; Category D -
$60,000 to under $100,000; Category E - $100,000 to under $250,000;
and Category F - $250,000 or over. A reporting individual shall indi-
cate the Category by letter only.
For the purposes of this statement, anywhere the term "local agen-
cy" shall appear such term shall mean a local agency, as defined in
section eight hundred ten of the general municipal law, of the poli-
tical subdivision for which this financial disclosure statement has
been filed.
4. (a) List any office, trusteeship, directorship, partnership, or posi-
tion of any nature including honorary positions, if known, and
excluding membership positions, whether compensated or not, held by
the reporting individual with any firm, corporation, association,
partnership, or other organization other than the State of New York
or (insert name of political subdivision). If said entity was
licensed by any state or local agency, was regulated by any state
regulatory agency or local agency, or, as a regular and significant
part of the business or activity of said entity, did business with,
or had matters other than ministerial matters before, any state or
local agency, list the name of any such agency.
State or
Position Organization Local Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) List any office, trusteeship, directorship, partnership, or posi-
tion of any nature including honorary positions, if known, and
excluding membership positions, whether compensated or not, held by
the spouse or unemancipated child of the reporting individual, with
any firm, corporation, association, partnership, or other organiza-
tion other than the State of New York. If said entity was licensed by
any state or local agency, was regulated by any state regulatory
agency or local agency, or, as a regular and significant part of the
business or activity of said entity, did business with, or had
matters other than ministerial matters before, any state or local
agency, list the name of any such agency.
State or
Position Organization Local Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
5. (a) List the name, address and description of any occupation, employ-
ment, trade, business or profession engaged in by the reporting indi-
vidual. If such activity was licensed by any state or local agency,
was regulated by any state regulatory agency or local agency, or, as
a regular and significant part of the business or activity of said
entity, did business with, or had matters other than ministerial
matters before, any state or local agency, list the name of any such
agency.
State or
Name & Address Local
Position of Organization Description Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) If the spouse or unemancipated child of the reporting individual
was engaged in any occupation, employment, trade, business or profes-
sion which activity was licensed by any state or local agency, was
regulated by any state regulatory agency or local agency, or, as a
regular and significant part of the business or activity of said
entity, did business with, or had matters other than ministerial
matters before, any state or local agency, list the name, address and
description of such occupation, employment, trade, business or
profession and the name of any such agency.
State or
Name & Address Local
Position of Organization Description Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
6. List any interest, in excess of $1,000, excluding bonds and notes,
held by the reporting individual, such individual`s spouse or uneman-
cipated child, or partnership of which any such person is a member,
or corporation, ten per centum or more of the stock of which is owned
or controlled by any such person, whether vested or contingent, in
any contract made or executed by a state or local agency and include
the name of the entity which holds such interest and the relationship
of the reporting individual or such individual`s spouse or such child
to such entity and the interest in such contract. Do not list any
interest in any such contract on which final payment has been made
and all obligations under the contract except from guarantees and
warranties have been performed, provided, however, that such an
interest must be listed if there has been an ongoing dispute during
the calendar year for which this statement is filed with respect to
any such guarantees or warranties. Do not list any interest in a
contract made or executed by a state agency after public notice and
pursuant to a process for competitive bidding or a process for
competitive requests for proposals.
Entity Relationship Contracting Category
Self, Which Held to Entity State or of
Spouse or Interest in and Interest Local Value of
Child Contract in Contract Agency Contract
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
7. List any position the reporting individual held as an officer of any
political party or political organization, as a member of any poli-
tical party committee, or as a political party district leader. The
term "party" shall have the same meaning as "party" in the election
law. The term "political organization" means any party or independent
body as defined in the election law or any organization that is
affiliated with or a subsidiary of a party or independent body.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
8. (a) If the reporting individual practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the department of education, give a general
description of the principal subject areas of matters undertaken by
such individual. Additionally, if such an individual practices with
a firm or corporation and is a partner or shareholder of the firm or
corporation, give a general description of principal subject areas of
matters undertaken by such firm or corporation. Do not list the name
of the individual clients, customers or patients.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) List the name, principal address and general description or the
nature of the business activity of any entity in which the reporting
individual or such individual`s spouse had an investment in excess of
$1,000 excluding investments in securities and interests in real
property.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
9. List each source of gifts, excluding campaign contributions, in
excess of $1,000, received during the reporting period for which this
statement is filed by the reporting individual or such individual`s
spouse or unemancipated child from the same donor, excluding gifts
from a relative. Include the name and address of the donor. The term
"gifts" does not include reimbursements, which term is defined in
item 10. Indicate the value and nature of each such gift.
Category
Self, of
Spouse or Name of Nature Value of
Child Donor Address of Gift Gift
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
10. Identify and briefly describe the source of any reimbursements for
expenditures, excluding campaign expenditures and expenditures in
connection with official duties reimbursed by the political subdivi-
sion for which this statement has been filed, in excess of $1,000
from each such source. For purposes of this item, the term
"reimbursements" shall mean any travel-related expenses provided by
nongovernmental sources and for activities related to the reporting
individual`s official duties such as, speaking engagements, confer-
ences, or factfinding events. The term "reimbursements" does not
include gifts reported under item 9.
Source Description
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
11. List the identity and value, if reasonably ascertainable, of each
interest in a trust, estate or other beneficial interest, including
retirement plans other than retirement plans of the state of New
York or the city of New York, and deferred compensation plans estab-
lished in accordance with the internal revenue code, in which the
reporting individual held a beneficial interest in excess of $1,000
at any time during the preceding year. Do not report interests in a
trust, estate or other beneficial interest established by or for, or
the estate of, a relative.
Category
of
Identity Value*
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_______________
* The value of such interest shall be reported only if reasonably
ascertainable.
12. (a) describe the terms of, and the parties to, any contract, prom-
ise, or other agreement between the reporting individual and any
person, firm, or corporation with respect to the employment of such
individual after leaving office or position (other than a leave of
absence).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) Describe the parties to and the terms of any agreement provid-
ing for continuation of payments or benefits to the reporting indi-
vidual in excess of $1,000 from a prior employer other than the
political subdivision for which this statement is filed. (This
includes interests in or contributions to a pension fund, profit-
sharing plan, or life or health insurance; buy-out agreements;
severance payments; etc.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
13. List below the nature and amount of any income in excess of $1,000
from each source for the reporting individual and such individual`s
spouse for the taxable year last occurring prior to the date of
filing. Nature of income includes, but is not limited to, salary for
government employment, income from other compensated employment
whether public or private, directorships and other fiduciary posi-
tions, contractual arrangements, teaching income, partnerships,
honorariums, lecture fees, consultant fees, bank and bond interest,
dividends, income derived from a trust, real estate rents, and
recognized gains from the sale or exchange of real or other proper-
ty. Income from a business or profession and real estate rents shall
be reported with the source identified by the building address in
the case of real estate rents and otherwise by the name of the enti-
ty and not by the name of the individual customers, clients or
tenants, with the aggregate net income before taxes for each build-
ing address or entity. The receipt of maintenance received in
connection with a matrimonial action, alimony and child support
payments shall not be listed.
Category
Self/ of
Spouse Source Nature Amount
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
14. List the sources of any deferred income in excess of $1,000 from
each source to be paid to the reporting individual following the
close of the calendar year for which this disclosure statement is
filed, other than deferred compensation reported in item 11 hereina-
bove. Deferred income derived from the practice of a profession
shall be listed in the aggregate and shall identify as the source,
the name of the firm, corporation, partnership or association
through which the income was derived, but shall not identify indi-
vidual clients.
Category
of
Source Amount
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
15. List each assignment of income in excess of $1000, and each transfer
other than to a relative during the reporting period for which this
statement is filed for less than fair consideration of an interest
in a trust, estate or other beneficial interest, securities or real
property, by the reporting individual, in excess of $1000, which
would otherwise be required to be reported herein and is not or has
not been so reported.
Category
Item Assigned Assigned or of
or Transferred Transferred to Value
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
16. List below the type and market value of securities held by the
reporting individual or such individual`s spouse from each issuing
entity in excess of $1,000 at the close of the taxable year last
occurring prior to the date of filing, including the name of the
issuing entity exclusive of securities held by the reporting indi-
vidual issued by a professional corporation. Whenever an interest in
securities exists through a beneficial interest in a trust, the
securities held in such trust shall be listed only if the reporting
individual has knowledge thereof except where the reporting individ-
ual or the reporting individual`s spouse has transferred assets to
such trust for his or her benefit in which event such securities
shall be listed unless they are not ascertainable by the reporting
individual because the trustee is under an obligation or has been
instructed in writing not to disclose the contents of the trust to
the reporting individual. Securities of which the reporting indi-
vidual or the reporting individual`s spouse is the owner of record
but in which such individual or the reporting individual`s spouse
has no beneficial interest shall not be listed. Indicate percentage
of ownership if the reporting person or the reporting person`s
spouse holds more than five percent of the stock of a corporation in
which the stock is publicly traded or more than ten percent of the
stock of a corporation in which the stock is not publicly traded.
Also list securities owned for investment purposes by a corporation
more than fifty percent of the stock of which is owned or controlled
by the reporting individual or such individual`s spouse. For the
purpose of this item the term "securities" shall mean bonds, mort-
gages, notes, obligations, warrants and stocks of any class, invest-
ment interests in limited or general partnerships and certificates
of deposits and such other evidences of indebtedness and certif-
icates of interest as are usually referred to as securities. The
market value for such securities shall be reported only if reason-
ably ascertainable and shall not be reported if the security is an
interest in a general partnership that was listed in item 8 (a) or
if the security is corporate stock, not publicly traded, in a trade
or business of a reporting individual or a reporting individual`s
spouse.
Category of
Market Value as
of the close of
the taxable year
last occurring Percentage
prior to the of corporate
Self/ Issuing Type of filing of this stock owned or
Spouse Entity Security statement controlled
_________________ __________ ______________ ______________
_________________ __________ ______________ ______________
_________________ __________ ______________ ______________
_________________ __________ ______________ ______________
_________________ __________ ______________ ______________
17. List below the location, size, general nature, acquisition date,
market value and percentage of ownership of any real property in
which any vested or contingent interest in excess of $1,000 is held
by the reporting individual or the reporting individual`s spouse.
Also list real property owned for investment purposes by a corpo-
ration more than fifty percent of the stock of which is owned or
controlled by the reporting individual or such individual`s spouse.
Do not list any real property which is the primary or secondary
personal residence of the reporting individual or the reporting
individual`s spouse, except where there is a co-owner who is other
than a relative.
Self/ Category
Spouse/ of Percentage
Other General Acquisition Market of
Party Location Size Nature Date Value Ownership
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
18. List below all notes and accounts receivable, other than from goods
or services sold, held by the reporting individual at the close of
the taxable year last occurring prior to the date of filing and
other debts owed to such individual at the close of the taxable year
last occurring prior to the date of filing, in excess of $1,000,
including the name of the debtor, type of obligation, date due and
the nature of the collateral securing payment of each, if any,
excluding securities reported in item 16 hereinabove. Debts, notes
and accounts receivable owed to the individual by a relative shall
not be reported.
Type of Obligation, Category
Date Due, and Nature of
Name of Debtor of Collateral, if any Amount
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
19. List below all liabilities of the reporting individual and such
individual`s spouse, in excess of $5,000 as of the date of filing of
this statement, other than liabilities to a relative. Do not list
liabilities incurred by, or guarantees made by, the reporting indi-
vidual or such individual`s spouse or by any proprietorship, part-
nership or corporation in which the reporting individual or such
individual`s spouse has an interest, when incurred or made in the
ordinary course of the trade, business or professional practice of
the reporting individual or such individual`s spouse. Include the
name of the creditor and any collateral pledged by such individual
to secure payment of any such liability. A reporting individual
shall not list any obligation to pay maintenance in connection with
a matrimonial action, alimony or child support payments. Revolving
charge account information shall only be set forth if liability
thereon is in excess of $5,000 at the time of filing. Any loan
issued in the ordinary course of business by a financial institution
to finance educational costs, the cost of home purchase or improve-
ments for a primary or secondary residence, or purchase of a
personally owned motor vehicle, household furniture or appliances
shall be excluded. If any such reportable liability has been guaran-
teed by any third person, list the liability and name the guarantor.
Category
Name of Creditor Type of Liability of
or Guarantor and Collateral, if any Amount
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
The requirements of law relating to the reporting of financial
interests are in the public interest and no adverse inference of
unethical or illegal conduct or behavior will be drawn merely from
compliance with these requirements.
_____________________________________ _____________________
(Signature of Reporting Individual) Date (month/day/year)
6. A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly and wilfully
with intent to deceive makes a false statement or gives information
which such individual knows 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 ten thousand dollars. Assessment of a
civil penalty hereunder shall be made by the appropriate body, as such
term is defined in section eight hundred ten of this article. For a
violation of this subdivision, other than for conduct which constitutes
a violation of subdivision twelve of section seventy-three of the public
officers law, the board of ethics of the political subdivision or other
municipality may, in lieu of a civil penalty, refer a violation to the
appropriate prosecutor and upon such conviction, but only after such
referral, such violation shall be punishable as a class A misdemeanor. A
civil penalty for false filing may not be imposed hereunder in the event
a category of "value" or "amount" reported hereunder is incorrect unless
such reported information is falsely understated. Notwithstanding any
other provision of law to the contrary, no other penalty, civil or crim-
inal may be imposed for a failure to file, or for a false filing, of
such statement, except that the appointing authority may impose disci-
plinary action as otherwise provided by law. Each appropriate body, as
such term is defined in section eight hundred ten of this article, shall
adopt rules governing the conduct of adjudicatory proceedings and
appeals relating to the assessment of the civil penalties herein author-
ized. Such rules shall provide for due process procedural mechanisms
substantially similar to those set forth in article three of the state
administrative procedure act but such mechanisms need not be identical
in terms or scope. Assessment of a civil penalty shall be final unless
modified, suspended or vacated within thirty 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
appropriate body, pursuant to article seventy-eight of the civil prac-
tice law and rules.
* S 813. Temporary state commission on local government ethics;
functions, powers and duties; review of financial disclosure statements;
advisory opinions; investigation and enforcement. 1. There is
established a temporary state commission on local government ethics
which shall consist of nine members and shall have and exercise the
powers and duties set forth in this section.
2. The members of the commission shall be appointed by the governor,
provided, however, that one member shall be appointed on the nomination
of the temporary president of the senate; one on the nomination of the
minority leader of the senate; one on the nomination of the speaker of
the assembly; and one on the nomination of the minority leader of the
assembly. Of the five members appointed by the governor without prior
nomination, no more than three members shall belong to the same
political party and at least three members shall not be public officers
or employees or hold any public office, elected or appointed. No member
shall hold office in any political party or be employed as a lobbyist.
3. Members of the commission shall serve for terms of four years.
4. The governor shall designate the chairman of the commission from
among the members thereof, who shall serve as chairman at the pleasure
of the governor. The chairman or any five members of the commission may
call a meeting.
5. Any vacancy occurring on the commission shall be filled within
sixty days of its occurrence, by the governor, in the same manner as the
member whose vacancy is being filled was appointed. A person appointed
to fill a vacancy shall be appointed for the unexpired term of the
member he succeeds.
6. Five members of the commission shall constitute a quorum, and the
commission shall have power to act by majority vote of the total number
of members of the commission without vacancy.
7. Members of the commission may be removed by the governor for
substantial neglect of duty, gross misconduct in office, inability to
discharge the powers or duties of office or violation of this section,
after written notice and opportunity for a reply.
8. The members of the commission shall not receive compensation but
shall be reimbursed for reasonable expenses incurred in the performance
of their official duties.
9. The commission shall:
a. Appoint an executive director who shall act in accordance with the
policies of the commission. The commission may delegate authority to the
executive director to act in the name of the commission between meetings
of the commission provided such delegation is in writing and the
specific powers to be delegated are enumerated;
b. Appoint such other staff as are necessary to carry out its duties
under this section;
c. Adopt, amend, and rescind rules and regulations to govern
procedures of the commission, which shall include, but not be limited
to, the procedure whereby a person who is required to file an annual
financial disclosure statement with the commission may request an
additional period of time within which to file such statement, due to
justifiable cause or undue hardship; such rules or regulations shall
provide for a date beyond which in all cases of justifiable cause or
undue hardship no further extension of time will be granted. The
commission may utilize or modify such rules or regulations or adopt
separate rules or regulations for the purposes of paragraph (d) of
subdivision one of section eight hundred eleven of this article;
d. Promulgate guidelines to assist appointing authorities in
determining which persons hold policy-making positions for purposes of
sections eight hundred eleven and eight hundred twelve of this article;
e. Make available forms for annual statements of financial disclosure
required to be filed pursuant to section eight hundred twelve of this
article;
f. Review completed financial disclosure statements in accordance with
the provisions of sections eight hundred eleven, eight hundred twelve
and this section, and in the case of a political subdivision which has
elected to require the filing of completed statements with the
commission, in accordance with the criteria established by duly adopted
code of ethics, local law, ordinance or resolution, provided however,
that the commission may delegate all or part of this review function to
the executive director who shall be responsible for completing staff
review of such statements in a manner consistent with the terms of the
commission`s delegation;
g. Receive complaints alleging a violation of section eight hundred
eleven or eight hundred twelve of this article or a violation of the
criteria for reporting requirements established by duly adopted code of
ethics, local law, ordinance or resolution with respect to political
subdivisions which have elected to require the filing of completed
statements with the commission;
h. Permit any person required to file a financial disclosure statement
to request the commission to delete from the copy thereof made available
for public inspection one or more items of information, which may be
deleted by the commission, after denial of a request for deletion made
to the local government advisory council as provided in subdivision
seventeen of this section, upon a finding by a majority of the total
number of members of the commission without vacancy that the information
which would otherwise be required to be disclosed will have no material
bearing on the discharge of the reporting person`s official duties. If
such request for deletion is denied, the commission, in its notification
of denial, shall inform the person of his or her right to appeal the
commission`s determination pursuant to its rules governing adjudicatory
proceedings and appeals adopted pursuant to subdivision twelve of this
section. The commission shall promulgate rules and regulations governing
the issuance of written decisions in connection with appeals from the
advisory council;
i. Permit any person required to file a financial disclosure statement
to request an exemption from any requirement to report one or more items
of information which pertain to such person`s spouse or unemancipated
children which item or items may be exempted by the commission, after
denial of a request for exemption made to the local government advisory
council as provided in subdivision seventeen of this section, upon a
finding by a majority of the total number of members of the commission
without vacancy that the reporting individual`s spouse, on his or her
own behalf or on behalf of an unemancipated child, objects to providing
the information necessary to make such disclosure and that the
information which would otherwise be required to be reported will have
no material bearing on the discharge of the reporting person`s official
duties. If such request for exemption is denied, the commission, in its
notification of denial, shall inform the person of his or her right to
appeal the commission`s determination pursuant to its rules governing
adjudicatory proceedings and appeals adopted pursuant to subdivision
twelve of this section. The commission shall promulgate rules and
regulations governing the issuance of written decisions in connection
with appeals from the advisory council;
j. Advise and assist any local agency in establishing rules and
regulations relating to possible conflicts between private interests and
official duties of present or former local elected officials, local
political party officials and local officers and employees;
k. Permit any person who has not been determined by his or her
appointing authority to hold a policy-making position but who is
otherwise required to file a financial disclosure statement to request
an exemption from such requirement in accordance with rules and
regulations governing such exemptions. Such rules and regulations shall
provide for exemptions to be granted either on the application of an
individual or on behalf of persons who share the same job title or
employment classification which the commission deems to be comparable
for purposes of this section. Such rules and regulations may permit the
granting of an exemption where, in the discretion of the commission, the
public interest does not require disclosure and the applicant`s duties
do not involve the negotiation, authorization or approval of:
(i) contracts, leases, franchises, revocable consents, concessions,
variances, special permits, or licenses as defined in section
seventy-three of the public officers law;
(ii) the purchase, sale, rental or lease of real property, goods or
services, or a contract therefor;
(iii) the obtaining of grants of money or loans; or
(iv) the adoption or repeal of any rule or regulation having the force
and effect of law;
l. Prepare an annual report to the governor and the legislature
summarizing the activities of the commission and recommending changes in
the laws governing the conduct of local elected officials, local
political party officials and local officers and employees. In addition,
such report shall list the names of political subdivisions which have
created boards of ethics, adopted codes of ethics and adopted forms of
annual statements of financial disclosure;
m. Act as a repository for completed financial disclosure forms filed
pursuant to section eight hundred eleven or eight hundred twelve of this
article;
n. Upon certification of a question by the public advisory council to
the commission, as provided in paragraph (k) of subdivision seventeen of
this section, the commission may determine a question common to a class
or defined category of persons or items of information required to be
disclosed, where determination of the question will prevent undue
repetition of requests for exemption or deletion or prevent undue
complication in complying with the requirements of such section.
10. The commission, or the executive director and staff of the
commission if responsibility therefor has been delegated, shall inspect
all financial disclosure statements filed with the commission to
ascertain whether any person subject to the reporting requirements of
section eight hundred eleven or eight hundred twelve of this article,
and in the case of a political subdivision which has elected to require
the filing of completed annual financial statements with the commission,
subject to the reporting requirements contained in duly adopted code of
ethics, local law, ordinance or resolution, has failed to file such a
statement, has filed a deficient statement or has filed a statement
which reveals a possible violation of section eight hundred eleven or
eight hundred twelve of this article, or of duly adopted code of ethics,
local law, ordinance or resolution, as the case may be.
11. If a person required to file a financial disclosure statement with
the commission has failed to file a disclosure statement or has filed a
deficient statement, the commission shall notify the reporting person in
writing, state the failure to file or detail the deficiency, provide
the person with a fifteen day period to cure the deficiency, and advise
the person of the penalties for failure to comply with the reporting
requirements. Such notice shall be confidential. If the person fails to
make such filing or fails to cure the deficiency within the specified
time period, the commission shall send a notice of delinquency: (a) to
the reporting person; and (b) in the case of a local officer or
employee, to the appointing authority for such person.
12. a. If a reporting person has filed a statement which reveals a
possible violation of duly adopted code of ethics, local law, ordinance
or resolution or of section eight hundred eleven or eight hundred twelve
of this article, or the commission receives a sworn complaint alleging
such a violation, or if the commission determines on its own initiative
to investigate a possible violation, the commission shall notify the
reporting person in writing, describe the possible or alleged violation
of such code of ethics, local law, ordinance or resolution or of such
section eight hundred eleven or eight hundred twelve of this article and
provide the person with a fifteen day period in which to submit a
written response setting forth information relating to the activities
cited as a possible or alleged violation of law. If the commission
thereafter makes a determination that further inquiry is justified, it
shall give the reporting person an opportunity to be heard. The
commission shall also inform the reporting individual of its rules
regarding the conduct of adjudicatory proceedings and appeals and the
due process procedural mechanisms available to such individual. If the
commission determines at any stage of the proceeding, that there is no
violation or that any potential conflict of interest violation has been
rectified, it shall so advise the reporting person and the complainant,
if any. All of the foregoing proceedings shall be confidential.
b. If the commission determines that there is reasonable cause to
believe that a violation has occurred, it shall send a notice of
reasonable cause: (i) to the reporting person; (ii) to the complainant
if any; and (iii) in the case of a local officer or employee, to the
appointing authority for such person.
13. A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly and wilfully
with intent to deceive makes a false statement or gives information
which such individual knows 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 ten thousand dollars. Assessment of a
civil penalty hereunder shall be made by the commission with respect to
persons subject to its jurisdiction. For a violation of this
subdivision, other than for conduct which constitutes a violation of
subdivision twelve of section seventy-three of the public officers law,
the temporary state commission on local government ethics may, in lieu
of a civil penalty, refer a violation to the appropriate prosecutor and
upon such conviction, but only after such referral, such violation shall
be punishable as a class A misdemeanor. A civil penalty for false filing
may not be imposed hereunder in the event a category of "value" or
"amount" reported hereunder is incorrect unless such reported
information is falsely understated. Notwithstanding any other provision
of law to the contrary, no other penalty, civil or criminal may be
imposed for a failure to file, or for a false filing, of such statement,
except that the appointing authority may impose disciplinary action as
otherwise provided by law. The commission shall be deemed to be an
agency within the meaning of article three of the state administrative
procedure act and shall adopt rules governing the conduct of
adjudicatory proceedings and appeals taken pursuant to a proceeding
commenced under article seventy-eight of the civil practice law and
rules relating to the assessment of the civil penalties herein
authorized and commission denials of requests for certain deletions or
exemptions to be made from a financial disclosure statement as
authorized in paragraph h or paragraph i of subdivision nine of this
section. Such rules, which shall not be subject to the approval
requirements of the state administrative procedure act, shall provide
for due process procedural mechanisms substantially similar to those set
forth in such article three but such mechanisms need not be identical in
terms or scope. Assessment of a civil penalty or commission denial of
such a request shall be final unless modified, suspended or vacated
within thirty days of imposition, with respect to the assessment of such
penalty, or unless such denial of request is reversed within such time
period, and upon becoming final shall be subject to review at the
instance of the affected reporting individuals in a proceeding commenced
against the temporary state commission on local government ethics,
pursuant to article seventy-eight of the civil practice law and rules.
14. A copy of any notice of delinquency or notice of reasonable cause
sent pursuant to subdivisions eleven and twelve of this section shall be
included in the reporting person`s file and be available for public
inspection.
15. Upon written request from any person who is subject to the
jurisdiction of the commission, the commission shall render advisory
opinions on the requirements of said provisions. An opinion rendered by
the commission, until and unless amended or revoked, shall be binding on
the commission in any subsequent proceeding concerning the person who
requested the opinion and who acted in good faith, unless material facts
were omitted or misstated by the person in the request for an opinion.
Such opinion may also be relied upon by such person, and may be
introduced and shall be a defense, in any criminal or civil action. Such
requests shall be confidential, but the commission may publish such
opinions provided that the name of the requesting person and other
identifying details shall not be included in the publication.
16. In addition to any other powers and duties specified by law, the
commission shall have the power and duty to:
a. Administer and enforce all the provisions of this section;
b. Conduct any investigation necessary to carry out the provisions of
this section. Pursuant to this power and duty, the commission may
administer oaths or affirmations, subpoena witnesses, compel their
attendance and require the production of any books or records which it
may deem relevant or material.
17. (a) There is established within the temporary state commission on
local government ethics a public advisory council which shall consist of
five members and shall have and exercise the powers and duties set forth
in this subdivision.
(b) The members of the public advisory council shall be appointed by
the governor provided, however, that one member shall be appointed on
the nomination of the temporary president of the senate and one member
shall be appointed on the nomination of the speaker of the assembly. Of
the three members appointed by the governor without prior nomination, no
more than two members shall belong to the same political party and at
least two members shall not be public officers or employees or hold any
public office, elected or appointed. No member shall hold office in any
political party or be employed as a lobbyist.
(c) Members of the public advisory council shall serve for terms of
four years concurrent with the term of office of the governor.
(d) The governor shall designate the chairman of the public advisory
council from among the members thereof, who shall serve as chairman at
the pleasure of the governor. The chairman or any three members of the
public advisory council may call a meeting.
(e) Any vacancy occurring on the public advisory council shall be
filled within sixty days of its occurrence, by the governor, in the same
manner as the member whose vacancy is being filled was appointed. A
person appointed to fill a vacancy occurring other than by expiration of
a term of office shall be appointed for the unexpired term of the member
he succeeds.
(f) Three members of the public advisory council shall constitute a
quorum, and the public advisory council shall have power to act by
majority vote of the total number of members of the public advisory
council without vacancy. Members of the council may be removed by the
governor for substantial neglect of duty, gross misconduct in office,
inability to discharge the powers or duties of office or violation of
this section after written notice and opportunity for reply.
(g) The members of the public advisory council shall not receive
compensation but shall be reimbursed for reasonable expenses incurred in
the performance of their official duties.
(h) The public advisory council shall: (1) Permit any person required
to file a financial disclosure statement to request the public advisory
council to delete from the copy thereof made available for public
inspection one or more items of information which may be deleted upon a
finding by a majority of the total number of members of the public
advisory council without vacancy that the information which would
otherwise be available for public inspection will have no material
bearing on the discharge of the reporting person`s official duties. If
such request for deletion is denied, the public advisory council, in its
notification of denial, shall inform the person of his or her right to
appeal the public advisory council`s determination to the commission
pursuant to the commission`s rules governing adjudicatory proceedings
and appeals adopted pursuant to subdivision thirteen of this section;
and
(2) Permit any person required to file a financial disclosure
statement to request an exemption from any requirement to report one or
more items of information which pertain to such person`s spouse or
unemancipated children which item or items may be exempted upon a
finding by a majority of the total number of members of the public
advisory council without vacancy that the reporting individual`s spouse,
on his or her own behalf or on behalf of an unemancipated child, objects
to providing the information necessary to make such disclosure and that
the information which would otherwise be required to be reported will
have no material bearing on the discharge of the reporting person`s
official duties. If such request for exemption is denied, the public
advisory council, in its notification of denial, shall inform the person
of his or her right to appeal the public advisory council`s
determination to the commission pursuant to the commission`s rules
governing adjudicatory proceedings and appeals adopted pursuant to
subdivision thirteen of this section.
(i) Pending any application for deletion or exemption either to the
public advisory council or to the commission upon appeal of an adverse
determination by the public advisory council, all information which is
the subject or a part of the application shall remain confidential. Upon
an adverse determination by the commission, the reporting individual may
request, and upon such request the commission shall provide, that any
information which is the subject or part of the application remain
confidential for a period of thirty days following notice of such
determination. In the event that the reporting individual resigns his
office and holds no other office subject to the jurisdiction of the
commission, the information shall not be made public and shall be
expunged in its entirety.
(j) Notwithstanding the provisions of article seven of the public
officers law, no meeting or proceeding, including any such proceeding
contemplated under paragraph h or i of subdivision nine of this section,
of the commission shall be open to the public, except if expressly
provided otherwise by the public advisory council.
(k) Where the council is of the opinion that a determination of a
question common to a class or defined category of persons or items of
information with respect to requests for deletion or exemption will
prevent undue repetition of such requests or undue complication, the
council may certify the question to the commission for resolution and
disposition in accordance with paragraph (n) of subdivision nine of this
section.
18. a. Notwithstanding the provisions of article six of the public
officers law, the only records of the commission which shall be
available for public inspection are:
(1) the information set forth in an annual statement of financial
disclosure filed pursuant to local law, ordinance or resolution or filed
pursuant to section eight hundred eleven or eight hundred twelve of
this article except the categories of value or amount which shall remain
confidential and any other item of information deleted pursuant to
paragraph h of subdivision nine of this section, as the case may be;
(2) notices of delinquency sent under subdivision eleven of this
section;
(3) notices of reasonable cause sent under paragraph b of subdivision
twelve of this section; and
(4) notices of civil assessments imposed under this section.
b. Notwithstanding the provisions of article seven of the public
officers law, no meeting or proceeding of the commission shall be open
to the public, except if expressly provided otherwise by the commission.
19. There is hereby established a local government advisory board to
assist the commission in the performance of its powers and duties. Such
board shall consist of twelve members to be appointed by the governor;
four shall be appointed on the nomination of the state conference of
mayors; four shall be appointed on the nomination of the state
association of towns; and four shall be appointed on the nomination of
the state association of counties. The board shall inform the commission
of policies and concerns of local governments with respect to the
administration of the provisions of this article and disseminate
information to local governments with respect to the operations of the
commission.
* NB Expires 92/12/31