§ 810 — Additional definitions

New York § 810

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 18: Conflicts of Interest of Municipal Officers and Employees

Text

§ 810. Additional definitions. As used in sections eight hundred\neleven and eight hundred twelve of this article:\n 1. The term "political subdivision" shall mean a county, city, town or\nvillage having a population of fifty thousand or more and shall include\na city with a population of one million or more.\n 2. The term "local elected official" shall mean an elected official of\nthe political subdivision, except judges or justices of the unified\ncourt system.\n 3. The term "local officer or employee" shall mean the heads (other\nthan local elected officials) of any agency, department, division,\ncouncil, board, commission, or bureau of a political subdivision and\ntheir deputies and assistants, and the officers and employees of such\nagencies, departments, divisions, boards, bureaus, commissions or\ncouncils who hold policy-making positions, as annually determined by the\nappointing authority and set forth in a written instrument which shall\nbe filed with the appropriate body during the month of February; except\nthat the term "local officer or employee" shall not mean a judge,\njustice, officer or employee of the unified court system. Members,\nofficers, and employees of each industrial development agency and\nauthority established by this chapter or created by the public\nauthorities law shall be deemed officers or employees of the county,\ncity, village, or town for whose benefit such agency or authority is\nestablished or created.\n 4. The term "state agency" shall mean any state department, or\ndivision, board, commission, or bureau of any state department, any\npublic benefit corporation, public authority or commission at least one\nof whose members is appointed by the governor, or the state university\nof New York or the city university of New York, including all their\nconstituent units except community colleges and the independent\ninstitutions operating statutory or contract colleges on behalf of the\nstate.\n 5. The term "spouse" shall mean the husband or wife of the reporting\nindividual unless living separate and apart from the reporting\nindividual with the intention of terminating the marriage or providing\nfor permanent separation or unless separated pursuant to: (a) a judicial\norder, decree or judgment, or (b) a legally binding separation\nagreement.\n 6. The term "local political party official" shall mean:\n (a) any chairman of a county committee elected pursuant to section\n2-112 of the election law, or his or her successor in office, who\nreceived compensation or expenses, or both, from constituted committee\nor political committee funds, or both, during the reporting period\naggregating thirty thousand dollars or more;\n (b) that person (usually designated by the rules of a county committee\nas the "county leader" or "chairman of the executive committee") by\nwhatever title designated, who pursuant to the rules of a county\ncommittee or in actual practice, possesses or performs any or all of the\nfollowing duties or roles, provided that such person received\ncompensation or expenses, or both, from constituted committee or\npolitical committee funds, or both, during the reporting period\naggregating thirty thousand dollars or more:\n (i) the principal political, executive and administrative officer of\nthe county committee;\n (ii) the power of general management over the affairs of the county\ncommittee;\n (iii) the power to exercise the powers of the chairman of the county\ncommittee as provided for in the rules of the county committee;\n (iv) the power to preside at all meetings of the county executive\ncommittee, if such a committee is created by the rules of the county\ncommittee or exists de facto, or any other committee or subcommittee of\nthe county committee vested by such rules with or having de facto the\npower of general management over the affairs of the county committee at\ntimes when the county committee is not in actual session;\n (v) the power to call a meeting of the county committee or of any\ncommittee or subcommittee vested with the rights, powers, duties or\nprivileges of the county committee pursuant to the rules of the county\ncommittee, for the purpose of filling an office at a special election in\naccordance with section 6-114 of the election law, for the purpose of\nfilling a vacancy in accordance with section 6-116 of such law or for\nthe purpose of filling a vacancy or vacancies in the county committee\nwhich exist by reason of an increase in the number of election districts\nwithin the county occasioned by a change of the boundaries of one or\nmore election districts, taking effect after the election of its\nmembers, or for the purpose of determining the districts that the\nelected members shall represent until the next election at which such\nmembers of such committee are elected; provided, however, that in no\nevent shall such power encompass the power of a chairperson of an\nassembly district committee or other district committee smaller than a\ncounty and created by the rules of the county committee, to call a\nmeeting of such district committee for such purpose;\n (vi) the power to direct the treasurer of the party to expend funds of\nthe county committee; or\n (vii) the power to procure from one or more bank accounts of the\ncounty committee the necessary funds to defray the expenses of the\ncounty committee; and\n (c) the city, town or village chairman or leader of a city, town or\nvillage committee of a party as the term party is defined in section\n1-104 of the election law, but only with respect to a city, town or\nvillage having a population of fifty thousand or more, and only if such\nchairman or leader received compensation or expenses, or both, from\nconstituted committee or political committee funds, or both, during the\nreporting period aggregating thirty thousand dollars or more. The term\nchairman or leader is intended to refer to the person who performs the\nfunctions and duties of the chief official of a party in the city, town\nor village by whatever title designated.\n The terms "constituted committee" and "political committee", as used\nin this subdivision six, shall have the same meanings as those contained\nin section 14-100 of the election law.\n 7. The term "relative" shall mean such individual's spouse, child,\nstepchild, stepparent, or any person who is a direct descendant of the\ngrandparents of the reporting individual or of the reporting\nindividual's spouse.\n 8. The term "unemancipated child" shall mean any son, daughter,\nstepson or stepdaughter who is under age eighteen, unmarried and living\nin the household of the reporting individual.\n 9. The term "appropriate body" or "appropriate bodies" shall mean the\nboard of ethics for the political subdivision.\n 10. The term "regulatory agency" shall have the same meaning as\nascribed to such term by subdivision one of section seventy-three of the\npublic officers law.\n 11. The term "ministerial matter" shall have the same meaning as\nascribed to such term by subdivision one of section seventy-three of the\npublic officers law.\n 12. The term "local agency" shall mean:\n (a) any county, city, town, village, school district or district\ncorporation, or any agency, department, division, board, commission or\nbureau thereof; and\n (b) any public benefit corporation or public authority not included in\nthe definition of a state agency.\n