§ 811 — Promulgation of form of annual statement of financial disclosure; authority of governing body with respect to persons subject thereto

New York § 811

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

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§ 811. Promulgation of form of annual statement of financial\ndisclosure; authority of governing body with respect to persons subject\nthereto. 1. (a) The governing body of each political subdivision may,\nnot later than January first, nineteen hundred ninety-one, and the\ngoverning body of any other municipality may at any time subsequent to\nthe effective date of this section, adopt a local law, ordinance, or\nresolution: (i) wherein it promulgates a form of annual statement of\nfinancial disclosure which is designed to assure disclosure by municipal\nofficers and employees, which for the purposes of this section, the\ndefinition for which shall be modified so as to also include a city with\na population of one million or more, and (in the case of a political\nsubdivision or any other county, city, town or village) which is\ndesigned to assure disclosure by local elected officials and/or by local\npolitical party officials of such financial information as is determined\nnecessary by the governing body, or (ii) wherein it resolves to continue\nthe use of an authorized form of annual statement of financial\ndisclosure in use on the date such local law, ordinance or resolution is\nadopted. In either event, such local law, ordinance or resolution if and\nwhen adopted shall specify by name of office or by title or\nclassification those municipal officers and employees and (in the case\nof a political subdivision or any other county, city, town or village)\nthose local elected officials and/or those local political party\nofficials which shall be required to complete and file such annual\nstatement.\n (a-1) In a city with a population of one million or more, such local\nlaw, ordinance or resolution shall require, on two or more types of\nforms for annual statements of financial disclosure, disclosure of\ninformation that could reveal potential conflicts of interest as defined\nby chapter sixty-eight of the New York city charter.\n (i) The disclosure required by such law, ordinance or resolution of\nsuch city shall, at a minimum, include information about any non-city\nemployment or interests that may give rise to a conflict of interest,\nincluding, but not limited to, interests of the filer and his or her\nspouse or registered domestic partner, and unemancipated children, in:\n(A) real property located in such city, and (B) positions or business\ndealings with, financial interests in, or gifts from, any persons or\nfirms or entities engaged in business dealings with such city.\n (ii) In any such city, local elected officials and compensated local\nofficers and employees, as defined in subdivisions two and three,\nrespectively, of section eight hundred ten of this article, shall, at a\nminimum, disclose in addition to the information required by\nsubparagraph (i) of this paragraph: (A) interests in a firm where the\nvalue of the interest is ten thousand dollars or more; (B) where the\nofficial, officer, or employee holds a policy-making position with such\ncity, membership in the national or state committee of a political party\nor service as assembly district leader of a political party or service\nas the chair or as an officer of the county committee or county\nexecutive committee of a political party; (C) the names and positions of\nany spouse or registered domestic partner, child, stepchild, brother,\nsister, parent or stepparent holding a position with any such city; (D)\neach volunteer office or position held by the filer or his or her spouse\nor registered domestic partner with any not-for-profit organization\nengaged in business dealings with such city, except where the person\nvolunteers only in a non-policymaking, non-administrative capacity; and\n(E) agreements between the filer and any person or firm or entity\nengaged in business dealings with such city for future payment to or\nemployment of the filer.\n (iii) For purposes of this paragraph, the term "firm" shall have the\nsame meaning as set forth in subdivision eleven of section twenty-six\nhundred one of the New York city charter.\n (b) The governing body of a political subdivision or any other county,\ncity, town or village, which requires the completion and filing of\neither of such forms of annual statements of financial disclosure by\nlocal or municipal officers and employees and/or by local elected\nofficials shall have the power, if it so chooses, to require the\ncompletion and filing of such annual statements of financial disclosure\nby local political party officials as if such officials were officers or\nemployees of such county, city, town or village, provided however, that\na person who is subject to the filing requirements of both subdivision\ntwo of section seventy-three-a of the public officers law and of this\nsubdivision may satisfy the requirements of this subdivision by filing a\ncopy of the statement filed pursuant to section seventy-three-a of the\npublic officers law with the appropriate body, as defined in section\neight hundred ten of this article, on or before the filing deadline\nprovided in such section seventy-three-a, notwithstanding the filing\ndeadline otherwise imposed by this subdivision.\n (c) The governing body of a political subdivision or any other county,\ncity, town or village which requires any local or municipal officer or\nemployee or any local elected official or any local political party\nofficial to complete and file either of such annual statements of\nfinancial disclosure shall have, possess, exercise and enjoy all the\nrights, powers and privileges attendant thereto which are necessary and\nproper to the enforcement of such requirement, including but not limited\nto, the promulgation of rules and regulations pursuant to local law,\nordinance or resolution, which rules or regulations may provide for the\npublic availability of items of information to be contained on such form\nof statement of financial disclosure, the determination of penalties for\nviolation of such rules or regulations, and such other powers as are\nwarranted under the circumstances existing in its county, city, town or\nvillage.\n (d) The local law, ordinance or resolution, if and when adopted, shall\nprovide for the annual filing of completed statements with the board of\nethics of the political subdivision or other municipality and shall\ncontain the procedure for filing such statements and the date by which\nsuch filing shall be required. If the board of ethics is designated as\nthe appropriate body, then such local law, ordinance or resolution shall\nconfer upon the board appropriate authority to enforce such filing\nrequirement, including the authority to promulgate rules and\nregulations. Any such local law, ordinance or resolution shall authorize\nexceptions with respect to complying with timely filing of such\ndisclosure statements due to justifiable cause or undue hardship. The\nappropriate body shall prescribe rules and regulations related to such\nexceptions with respect to extensions and additional periods of time\nwithin which to file such statement including the imposition of a time\nlimitation upon such extensions.\n (e) Nothing herein shall be construed to prohibit a political\nsubdivision or other municipality from promulgating the form of annual\nfinancial disclosure statement set forth in section eight hundred twelve\nof this article. Promulgation of the same form of annual financial\ndisclosure statement set forth in section eight hundred twelve of this\narticle shall not be deemed an automatic election to be subject to the\nprovisions of such section.\n 2. In the event that a political subdivision fails by January first,\nnineteen hundred ninety-one to promulgate, or fails by such date to\nelect to continue using, a form of annual statement of financial\ndisclosure in the manner authorized in subdivision one of this section\nthen the provisions of section eight hundred twelve of this article\nshall apply on and after such date to any such political subdivision\nsubject to the provisions of subdivision three of such section eight\nhundred twelve.\n