Igneri v. Moore

898 F.2d 870, 1990 WL 29296
CourtCourt of Appeals for the Second Circuit
DecidedMarch 15, 1990
DocketNo. 546, Docket 89-7730
StatusPublished
Cited by14 cases

This text of 898 F.2d 870 (Igneri v. Moore) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Igneri v. Moore, 898 F.2d 870, 1990 WL 29296 (2d Cir. 1990).

Opinion

LUMBARD, Circuit Judge:

The question on appeal is whether a New York statute designed to deter political corruption by requiring extensive financial disclosure by political party chairmen violates their constitutional right to privacy. The district court held that it does. We disagree.

Elizabeth Moore, chairwoman of the New York State Ethics Commission, and other Commission members, appeal from the judgment of the District Court for the Northern District of New York, Thomas J. McAvoy, Judge, entered on June 28, 1989, declaring unconstitutional Section 73-a of the state’s Public Officers Law, N.Y.Pub. Off.Law § 73-a (McKinney 1988), as it pertains to party chairmen and permanently enjoining enforcement of that provision. Plaintiffs-appellees — Olga Igneri, chairwoman of the Richmond County Republican Committee; Howard Lim, Jr., chairman of the New York County Conservative Party; and their spouses — filed their complaint on April 21, 1989, amended on May 25, charging that the section violated their rights to privacy, freedom of association, equal protection, and due process of law. The Commission moved to dismiss the complaint or, alternatively, for summary judg[872]*872ment. Plaintiffs cross-moved for summary-judgment. The court held a hearing on June 5 at which plaintiffs presented four witnesses: Igneri, Lim, an attorney with the State Board of Elections, and a state senator. Defendants presented no witnesses. In a memorandum decision and order dated June 27, 1989, Judge McAvoy granted, on privacy grounds, plaintiffs’ cross-motion for summary judgment and denied defendants’ alternative motions. The court did not reach the other constitutional issues. See 721 F.Supp. 406 (N.D.N.Y.1989). We reverse and remand.

I.

In 1987, as part of a broad-ranging effort to combat political corruption, the New York legislature enacted the Ethics in Government Act, which amended several state statutes. See 721 F.Supp. at 407-08. One part of the Act, Section 73-a of the Public Officers Law, requires annual financial disclosure by a variety of officials connected with state government, including political party chairmen. The disclosure applies to the reporting individuals themselves, their spouses, and their unemanci-pated children. Party chairmen are required to file annually with the New York State Ethics Commission a disclosure form calling for the following information:

* Any “office, trusteeship, directorship, partnership, or position of any nature, whether compensated or not,” with “any firm, corporation, association, partnership, or other organization other than the State”;
* Any “occupation, employment, trade, business, or profession engaged in”;
* Any interest in excess of $1,000 (excluding bonds and notes) in any contract involving a state or local agency;
* Any position as an officer of a political party or organization;
* A description, if applicable, of any law, real estate, or other professional practice (Disclosure of clients, customers or patients is not required.);
* Gifts, other than political contributions and gifts from relatives, in excess of $1,000, and the donor’s name and address;
* Reimbursements for office-related expenses, including travel, in excess of $1,000;
* Any interest, and the value thereof if reasonably ascertainable, in any trust, estate, or non-New York State or City retirement plan;
* A description of the terms of any contract relating to employment after leaving the public position, or relating to continued payments from prior employers;
* The nature and amount of income in excess of $1,000, including deferred income and assignments of income;
* The type and market value of securities in excess of $1,000;
* Any ownership interest, in excess of $1,000, in real estate;
* Any notes or accounts receivable in excess of $1,000, including the name of the debtor and nature of the obligation;
* Any personal liabilities in excess of $5,000, including the name of the creditor and the collateral.

N.Y.Pub.Off.Law § 73-a(3) (McKinney 1988 & Supp.1990). Where disclosure of values or amounts is requested, dollar amounts are letter-coded (for example, Category C covers amounts of $20,000 to under $60,000). See id. All disclosed information is open for public inspection except the categories of value or amount. See N.Y.Exec.Law § 94(17)(a)(l) (McKinney Supp.1990).

The statute defines “political party chairman” to include the chairman ,of the state committee of a party; the chairman of a county committee where the county population is 300,000 or more or the chairman receives $30,000 or more in compensation or expenses; and persons who perform general managerial functions for county committees where the county population is 300,000 or more or who received $30,000 or more in compensation or expenses. N.Y. Pub.Off.Law § 73(l)(k) (McKinney 1988).

The State Ethics Commission has the duty to enforce the disclosure provisions. Persons who “knowingly and wilfully” fail [873]*873to file the required forms, or file forms containing false information with the intent to deceive, are subject to civil penalties of up to $10,000 or criminal prosecution for a misdemeanor. Id. at § 73-a(4) (McKinney Supp.1990).

Non-disclosure and exemption procedures

Section 94(18) of the state’s Executive Law, N.Y.Exec.Law § 94(18) (McKinney Supp.1990), establishes, within the Commission, a “public advisory council.” The Council’s purpose is to screen requests by persons subject to the filing requirement that the Commission withhold from public inspection any information having “no material bearing on the discharge of the reporting person’s official duties.” Id. at § 94(18)(h)(l). The reporting individual also may request an exemption from disclosure as it pertains to his spouse and any unemancipated children. Id. at § 94(18)(h)(2).

Adverse Council decisions may be appealed to the Commission. Section 94(13) of the Executive Law deems the Commission an “agency” within the meaning of the State Administrative Procedure Act (State APA), thereby requiring the Commission to “adopt rules governing the conduct of adjudicatory proceedings and appeals” that “provide for due process procedural mechanisms substantially similar to those set forth in” the State APA. Id. at § 94(13). The Commission’s decisions are subject to judicial review pursuant to article 78 of the state’s Civil Practice Law and Rules, N.Y. Civ.Prac.L. & R. 7801 (McKinney 1981). N.Y.Exec.Law § 94(13) (McKinney Supp. 1990).

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Igneri v. Moore
898 F.2d 870 (Second Circuit, 1990)

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Bluebook (online)
898 F.2d 870, 1990 WL 29296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/igneri-v-moore-ca2-1990.