Assembly Bill A7669A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7669--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI -- (at request of the State Comp-
  troller) -- read once and referred to the Committee on  Local  Govern-
  ments  -- recommitted to the Committee on Local Governments in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general municipal law, in relation to  conflicts  of
  interest  of  municipal  officers  and  employees, codes of ethics and
  boards of ethics; to amend chapter 946 of the laws  of  1964  amending
  the  general  municipal  law  and  other laws relating to conflicts of
  interest of municipal officers and employees, in relation  to  permit-
  ting  local codes of ethics to prohibit activities expressly permitted
  by article 18 of the general municipal law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 800 of the general municipal law,
as amended by chapter 1043 of the laws of 1965, is amended  to  read  as
follows:
  3. "Interest" means a direct or indirect pecuniary or material benefit
accruing  to  a  municipal officer or employee, OR HIS OR HER SPOUSE, 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
OR HER 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,  OR  HIS  OR HER SPOUSE, is a member or employee, (c) a corpo-
ration of which such officer or employee, OR HIS OR HER  SPOUSE,  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 employ-
ee, OR HIS OR HER SPOUSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03014-04-5
              

A. 7669--A                          2

  S 2. Section 801 of the general municipal law, as amended  by  chapter
1043 of the laws of 1965, is amended to read as follows:
  S 801. Conflicts of interest prohibited. Except as provided in section
eight hundred two of this [chapter] ARTICLE, (1) no municipal officer or
employee shall have an interest in any contract with the municipality of
which  he OR SHE is an officer or employee, when such officer or employ-
ee, 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 OR HER deputy or employee, shall have an interest in a
bank or trust company designated as a depository, paying  agent,  regis-
tration agent or for investment of funds of the municipality of which he
OR  SHE  is  an  officer  or  employee;  AND (3) NO MUNICIPAL OFFICER OR
EMPLOYEE WHOSE SERVICE TO A MUNICIPALITY INCLUDES RENDITION  OF  PROFES-
SIONAL  SERVICES  REQUIRING  ADMISSION  TO THE PRACTICE OF LAW SHALL (A)
HAVE AN INTEREST IN ANY CONTRACT FOR RENDITION OF LEGAL SERVICES TO  THE
MUNICIPALITY,  UNLESS  (I)  THE  CONTRACT  IS  AWARDED ON THE BASIS OF A
COMPETITIVE PROCESS UNDERTAKEN IN  ACCORDANCE  WITH  THE  MUNICIPALITY'S
PROCUREMENT  POLICIES  AND  PROCEDURES  ADOPTED  PURSUANT TO SECTION ONE
HUNDRED FOUR-B OF THIS CHAPTER, AND (II) THE MUNICIPALITY HAS THE ADVICE
OF  INDEPENDENT  COUNSEL  WITH  RESPECT  TO  THE  ADVISABILITY  OF   THE
PROVISIONS OF THE CONTRACT, OR (B) COMPENSATE ANY PERSON OR ORGANIZATION
FROM HIS OR HER PERSONAL RESOURCES TO RENDER LEGAL SERVICES TO THE MUNI-
CIPALITY.  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 3. Paragraphs b and j of subdivision 1 of section 802 of the general
municipal  law,  paragraph  b  as amended by chapter 1043 of the laws of
1965 and paragraph j as added by chapter 364 of the laws  of  1996,  are
amended to read as follows:
  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 HIS OR  HER  employment,  OR  HIS  OR  HER  SPOUSE'S
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;
  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 OR  APPOINTED
and serves WITH OR without salary OR OTHER COMPENSATION;
  (2)  the  purchases  OR  PUBLIC  WORK, in the aggregate, are less than
[five] TEN thousand dollars in one fiscal year and:
  (I) 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[;], OR
  (II)  THE  PURCHASES,  IN  THE  AGGREGATE,  ARE LESS THAN TEN THOUSAND
DOLLARS IN ONE FISCAL YEAR, CANNOT BE  PROCURED  FROM  ANOTHER  SUPPLIER
LOCATED  WITHIN  THE  MUNICIPALITY,  AND  THE  NEXT  CLOSEST SUPPLIER IS
LOCATED MORE THAN FIVE MILES DRIVING DISTANCE FROM THE  MUNICIPALITY  BY

A. 7669--A                          3

WAY  OF  THE  MOST DIRECT ROUTE USING PUBLIC HIGHWAYS, ROADS OR STREETS;
AND
  (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.
  S 4. Paragraph a of subdivision 2 of section 802 of the general munic-
ipal  law, as amended by chapter 1019 of the laws of 1970, is amended to
read as follows:
  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 AND HIS OR
HER SPOUSE EITHER JOINTLY OR SEVERALLY;
  S  5.  Section 805-a of the general municipal law, as added by chapter
1019 of the laws of 1970 and subdivision 1 as amended by chapter 813  of
the laws of 1987, is amended to read as follows:
  S 805-a. [Certain action prohibited] ADDITIONAL STATEWIDE STANDARDS OF
ETHICAL CONDUCT.  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 reason-
ably 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 employ-
ee 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. A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, NO MUNIC-
IPAL OFFICER OR EMPLOYEE SHALL PARTICIPATE IN ANY OFFICIAL  DECISION  OR
TAKE  ANY OFFICIAL ACTION WITH RESPECT TO ANY MATTER REQUIRING THE EXER-
CISE OF DISCRETION, INCLUDING PARTICIPATING IN OFFICIAL DISCUSSIONS  AND
VOTING ON THE MATTER, WHEN HE OR SHE KNOWS OR HAS REASON TO BELIEVE THAT
ACTION  OR  INACTION  ON  THE  MATTER  COULD CONFER A DIRECT OR INDIRECT
FINANCIAL OR MATERIAL BENEFIT ON HIMSELF OR HERSELF, A RELATIVE, OR  ANY
PRIVATE  ORGANIZATION  IN  WHICH  THE  MUNICIPAL  OFFICER OR EMPLOYEE IS
DEEMED TO HAVE AN INTEREST.
  B. THIS SUBDIVISION SHALL NOT BE CONSTRUED AS PROHIBITING:
  I. PERFORMANCE OF A MINISTERIAL ACT, WHICH FOR THE  PURPOSES  OF  THIS
SECTION  SHALL  MEAN  AN  ADMINISTRATIVE ACT CARRIED OUT IN A PRESCRIBED
MANNER NOT ALLOWING FOR SUBSTANTIAL PERSONAL DISCRETION;
  II. PARTICIPATION IN ANY OFFICIAL DECISION OR OFFICIAL ACTION TAKEN BY
A BOARD OR SIMILAR BODY WHEN  PARAGRAPH  A  OF  THIS  SUBDIVISION  WOULD
PROHIBIT ONE OR MORE MEMBERS OF THE BOARD OR BODY FROM PARTICIPATING AND

A. 7669--A                          4

THE REMAINING MEMBERS OF THE BOARD OR BODY ARE INSUFFICIENT IN NUMBER OR
LACK  SUFFICIENT  VOTING  STRENGTH  TO  MAKE  SUCH DECISION OR TAKE SUCH
ACTION; OR
  III.  PARTICIPATION  IN ANY OFFICIAL DECISION OR OFFICIAL ACTION TAKEN
BY A MUNICIPAL OFFICER OR EMPLOYEE, INDIVIDUALLY, WHEN THE MATTER CANNOT
BE LAWFULLY DELEGATED OR ASSIGNED TO ANOTHER PERSON.
  C. WHENEVER PARAGRAPH A OF  THIS  SUBDIVISION  PROHIBITS  A  MUNICIPAL
OFFICER OR EMPLOYEE FROM PARTICIPATING IN AN OFFICIAL DECISION OR TAKING
OFFICIAL  ACTION,  SUCH  MUNICIPAL  OFFICER  OR  EMPLOYEE SHALL DISCLOSE
PUBLICLY THE FACTS AND CIRCUMSTANCES  REQUIRING  RECUSAL.  WHENEVER  THE
PROHIBITION IN PARAGRAPH A OF THIS SUBDIVISION DOES NOT APPLY BECAUSE OF
THE  APPLICABILITY OF SUBPARAGRAPH II OR SUBPARAGRAPH III OF PARAGRAPH B
OF THIS SUBDIVISION, THE MUNICIPAL OFFICER OR  EMPLOYEE  SHALL  DISCLOSE
PUBLICLY  THE FACTS AND CIRCUMSTANCES THAT WOULD OTHERWISE REQUIRE RECU-
SAL UNDER PARAGRAPH A OF THIS SUBDIVISION.
  D. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "RELATIVE" SHALL MEAN  A
SPOUSE,  PARENT,  STEP-PARENT,  SIBLING, STEP-SIBLING, SIBLING'S SPOUSE,
CHILD, STEP-CHILD, UNCLE, AUNT, NEPHEW, NIECE, FIRST COUSIN,  OR  HOUSE-
HOLD  MEMBER  OF A MUNICIPAL OFFICER OR EMPLOYEE, AND INDIVIDUALS HAVING
ANY OF THESE RELATIONSHIPS TO THE SPOUSE OF THE OFFICER OR EMPLOYEE.
  E. COMPLIANCE WITH THIS SUBDIVISION SHALL NOT CONSTITUTE AN  EXCEPTION
TO SECTION EIGHT HUNDRED ONE OF THIS ARTICLE, NOR BE CONSTRUED AS CURING
A VIOLATION OF THAT SECTION.
  3. A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, NO MUNIC-
IPAL  OFFICER OR EMPLOYEE SHALL USE OR PERMIT THE USE OF MUNICIPAL PROP-
ERTY OR RESOURCES FOR PERSONAL OR PRIVATE PURPOSES.
  B. THIS SUBDIVISION SHALL NOT BE CONSTRUED AS PROHIBITING:
  I. ANY USE OF MUNICIPAL PROPERTY OR RESOURCES  AUTHORIZED  BY  LAW  OR
MUNICIPAL POLICY CONSISTENT WITH LAW;
  II. THE USE OF MUNICIPAL PROPERTY OR RESOURCES FOR PERSONAL OR PRIVATE
PURPOSES WHEN PROVIDED TO A MUNICIPAL OFFICER OR EMPLOYEE AS PART OF HIS
OR HER COMPENSATION; OR
  III.  THE  OCCASIONAL,  MINIMAL,  NON-BUSINESS AND NON-PARTISAN USE OF
MUNICIPAL OFFICE EQUIPMENT AND SUPPLIES, SUCH AS TELEPHONES,  COMPUTERS,
COPIERS,  PAPER  AND PENS, FOR PERSONAL MATTERS AT NO OR NOMINAL COST TO
THE MUNICIPALITY.
  C. FOR PURPOSES OF THIS SUBDIVISION,  "PROPERTY  OR  RESOURCES"  SHALL
INCLUDE,  BUT NOT BE LIMITED TO, MONEY, FACILITIES, FURNISHINGS, MACHIN-
ERY, APPARATUS, EQUIPMENT, SUPPLIES AND LETTERHEAD.
  4. 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 6. The section heading of section 806 of the general municipal  law,
as  amended  by  chapter 1019 of the laws of 1970, is amended to read as
follows:
  [Code] MUNICIPAL CODES of ethics.
  S 7. Paragraph (a) of subdivision 1 of  section  806  of  the  general
municipal law, as amended by chapter 238 of the laws of 2006, is amended
to read as follows:
  (a)  The  governing  body  of each county, city, town, village, school
district [and], fire district AND IMPROVEMENT DISTRICT GOVERNED BY ARTI-
CLE THIRTEEN OF THE TOWN LAW 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.  Notwithstanding  any

A. 7669--A                          5

other provision of this article to the contrary, a fire district code of
ethics  shall  also  apply to the volunteer members of the fire district
fire department. Codes of ethics 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,  NEPOTISM,  and such other standards relating to the
conduct of officers and employees as may be deemed advisable. Such codes
may: (I) 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]; (II) PROHIBIT CONTRACTS
OR conduct [or] THAT IS EITHER EXPRESSLY OR BY IMPLICATION PERMITTED  BY
SECTION  EIGHT HUNDRED TWO OR SECTION EIGHT HUNDRED FIVE-A OF THIS ARTI-
CLE; AND (III) PROVIDE FOR THE disclosure of information and the classi-
fication of employees or officers. THE GOVERNING BODY  OF  EACH  MUNICI-
PALITY  THAT  ADOPTS  A CODE OF ETHICS SHALL BIENNIALLY REVIEW AND, WHEN
DEEMED NECESSARY, UPDATE ITS CODE OF ETHICS.
  S 8. Subdivision 2 of section 806 of the  general  municipal  law,  as
amended  by  chapter  238  of  the  laws  of 2006, is amended to read as
follows:
  2. [The] UPON THE ADOPTION OR AMENDMENT OF A CODE OF ETHICS BY A MUNI-
CIPALITY, THE chief executive officer of [a] THE municipality  [adopting
a code of ethics] shall cause a copy [thereof] OF SUCH CODE OR AMENDMENT
to  be  distributed PROMPTLY to every officer and employee of his OR HER
municipality AND TO THE BOARD OF ETHICS FOR THE MUNICIPALITY.  IN  ADDI-
TION,  SUCH  CHIEF  EXECUTIVE OFFICER SHALL CAUSE A COMPLETE AND CURRENT
COPY OF THE MUNICIPALITY'S CODE OF ETHICS TO BE POSTED  ON  THE  MUNICI-
PALITY'S  WEB  SITE,  IF  THE  MUNICIPALITY  MAINTAINS  A  WEB SITE, AND
DISTRIBUTED (A) TO EVERY PERSON WHO IS ELECTED OR APPOINTED TO SERVE  AS
AN  OFFICER  OR  EMPLOYEE  OF  THE  MUNICIPALITY PROMPTLY FOLLOWING SUCH
PERSON'S ELECTION OR APPOINTMENT,  AND  (B)  TO  ALL  THE  OFFICERS  AND
EMPLOYEES  OF  THE  MUNICIPALITY  AT  LEAST ONCE EVERY FIVE YEARS. EVERY
MUNICIPAL OFFICER AND EMPLOYEE RECEIVING A COPY OF A CODE OF  ETHICS  OR
AMENDMENT  THERETO  SHALL ACKNOWLEDGE PROMPTLY IN WRITING THAT HE OR SHE
HAS RECEIVED AND READ THE CODE OF ETHICS OR AMENDMENT AND SUCH  ACKNOWL-
EDGEMENT SHALL BE FILED WITH THE CLERK OR SECRETARY OF THE MUNICIPALITY.
The BOARD OF fire [district] commissioners OF A FIRE DISTRICT shall ALSO
cause a copy of the fire district's code of ethics, INCLUDING ANY AMEND-
MENTS  THERETO, to be posted publicly and conspicuously in each building
under such district's control.  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.
  S  9.  Section 806 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3. THE CLERK OF EACH MUNICIPALITY AND OF EACH  POLITICAL  SUBDIVISION,
AS  DEFINED IN SECTION EIGHT HUNDRED TEN OF THIS ARTICLE, SHALL MAINTAIN
AS A RECORD SUBJECT TO PUBLIC INSPECTION:
  (A) A COPY OF THE MUNICIPALITY'S OR POLITICAL  SUBDIVISION'S  CODE  OF
ETHICS OR ANY AMENDMENTS TO ANY CODE OF ETHICS;
  (B)  A  STATEMENT  THAT SUCH MUNICIPALITY OR POLITICAL SUBDIVISION HAS
ESTABLISHED A BOARD OF ETHICS, IN ACCORDANCE WITH SECTION EIGHT  HUNDRED
EIGHT OF THIS ARTICLE AND/OR PURSUANT TO OTHER LAW, CHARTER, CODE, LOCAL
LAW, ORDINANCE OR RESOLUTION, AND THE COMPOSITION OF SUCH BOARD; AND
  (C)  A  COPY  OF  THE FORM OF ANNUAL STATEMENT OF FINANCIAL DISCLOSURE
DESCRIBED IN SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  ELEVEN  OF  THIS

A. 7669--A                          6

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 SUBDI-
VISION  ONE OF SECTION EIGHT HUNDRED ELEVEN OF THIS ARTICLE, OR A STATE-
MENT 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 PARA-
GRAPH (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 MUNI-
CIPALITY 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.
  S 10. Intentionally omitted.
  S 11. Section 808 of the general municipal law, as amended by  chapter
1019  of the laws of 1970 and subdivision 5 as amended by chapter 490 of
the laws of 2014, is amended to read as follows:
  S 808. Boards of ethics. 1. [The governing  body  of  any  county  may
establish  a  county  board of ethics and appropriate moneys for mainte-
nance 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] (A) THE GOVERN-
ING BODY OF (I) EVERY COUNTY, (II) EVERY CITY, TOWN AND VILLAGE HAVING A
POPULATION OF FIFTY THOUSAND OR MORE, AND (III) EVERY BOARD  OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  (BOCES) SHALL ESTABLISH A BOARD OF ETHICS.
THEREAFTER, THE GOVERNING BODY SHALL APPROPRIATE ANNUALLY SUCH MONEYS AS
MAY BE NECESSARY  FOR  THE  BOARD'S  CONTRACTUAL  AND  PERSONAL  SERVICE
EXPENDITURES.  EXCEPT  AS PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION,
SUCH BOARD SHALL HAVE JURISDICTION TO ACT ONLY IN RELATION TO THE  OFFI-
CERS  AND  EMPLOYEES  OF  THE  COUNTY, CITY, TOWN, VILLAGE OR BOCES THAT
ESTABLISHED THE BOARD.
  (B) THE GOVERNING BODY OF EVERY MUNICIPALITY NOT  DESCRIBED  IN  PARA-
GRAPH (A) OF THIS SUBDIVISION IS AUTHORIZED, BUT NOT REQUIRED, TO ESTAB-
LISH  A  BOARD  OF ETHICS. IF SUCH GOVERNING BODY ESTABLISHES A BOARD OF
ETHICS, THE GOVERNING BODY SHALL APPROPRIATE ANNUALLY SUCH MONEYS AS MAY
BE NECESSARY FOR THE BOARD'S CONTRACTUAL AND PERSONAL  SERVICE  EXPENDI-
TURES.    SUCH  BOARD SHALL HAVE JURISDICTION TO ACT ONLY IN RELATION TO
THE OFFICERS AND EMPLOYEES OF  THE  MUNICIPALITY  THAT  ESTABLISHED  THE
BOARD.
  (C)  TWO OR MORE MUNICIPALITIES NOT DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION MAY ENTER INTO, AMEND, CANCEL, AND TERMINATE AGREEMENTS  FOR
THE  ESTABLISHMENT  OF  A  COOPERATIVE  BOARD OF ETHICS. SUCH AGREEMENTS
SHALL BE CONSISTENT WITH THE REQUIREMENTS  OF  ARTICLE  FIVE-G  OF  THIS

A. 7669--A                          7

CHAPTER,  EXCEPT  AS  OTHERWISE PROVIDED IN THIS SECTION, INCLUDING THAT
(I) THE POWER TO ENTER INTO SUCH AGREEMENTS SHALL EXTEND TO ALL  MUNICI-
PALITIES AS DEFINED IN THIS ARTICLE, AND SHALL NOT BE LIMITED TO MUNICI-
PAL  CORPORATIONS  AND  DISTRICTS  AS  DEFINED IN ARTICLE FIVE-G OF THIS
CHAPTER, AND (II) THE DURATION OF SUCH AGREEMENTS SHALL NOT  BE  LIMITED
TO  A MAXIMUM TERM OF FIVE YEARS. FOLLOWING THE ESTABLISHMENT OF A COOP-
ERATIVE BOARD OF ETHICS, THE GOVERNING BODIES OF THE MUNICIPALITIES THAT
ARE PARTIES TO THE AGREEMENT ESTABLISHING THE  BOARD  SHALL  APPROPRIATE
ANNUALLY SUCH MONEYS AS MAY BE NECESSARY FOR THE BOARD'S CONTRACTUAL AND
PERSONAL  SERVICE  EXPENDITURES, IN SUCH AMOUNTS OR PROPORTION AS MAY BE
PROVIDED IN THE AGREEMENT. A COOPERATIVE BOARD OF ETHICS  SHALL  BE  THE
BOARD  OF  ETHICS  OF EACH MUNICIPALITY THAT IS A PARTY TO THE AGREEMENT
ESTABLISHING THE BOARD, AND SHALL  HAVE  JURISDICTION  TO  ACT  ONLY  IN
RELATION TO THE OFFICERS OR EMPLOYEES OF SUCH MUNICIPALITIES.
  (D)  IN  THE  EVENT  THAT A MUNICIPALITY DESCRIBED IN PARAGRAPH (B) OF
THIS SUBDIVISION DOES NOT ESTABLISH A BOARD OF ETHICS AND IS NOT A PARTY
TO AN AGREEMENT ESTABLISHING A COOPERATIVE BOARD OF ETHICS:
  (I) IN THE CASE OF A MUNICIPALITY OTHER THAN A  SCHOOL  DISTRICT,  THE
BOARD OF ETHICS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED SHALL
SERVE  AS THE BOARD OF ETHICS OF SUCH MUNICIPALITY AND HAVE JURISDICTION
TO ACT IN RELATION TO THE OFFICERS AND EMPLOYEES OF  THAT  MUNICIPALITY,
PROVIDED THAT IF SUCH A MUNICIPALITY IS LOCATED IN MORE THAN ONE COUNTY,
THE  GOVERNING  BOARD  OF THE MUNICIPALITY BY RESOLUTION SHALL DESIGNATE
THE BOARD OF ETHICS OF ONE OF THE COUNTIES TO  SERVE  AS  THE  BOARD  OF
ETHICS OF THE MUNICIPALITY;
  (II)  IN  THE  CASE  OF  A SCHOOL DISTRICT, OTHER THAN THE CITY SCHOOL
DISTRICT OF A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE  THOU-
SAND OR MORE, THE BOARD OF ETHICS ESTABLISHED BY THE BOCES OF THE SUPER-
VISORY  DISTRICT  IN WHICH THE SCHOOL DISTRICT IS LOCATED SHALL SERVE AS
THE BOARD OF ETHICS OF SUCH SCHOOL DISTRICT AND HAVE JURISDICTION TO ACT
IN RELATION TO THE OFFICERS AND EMPLOYEES OF SUCH SCHOOL DISTRICT; AND
  (III) IN THE CASE OF A CITY SCHOOL DISTRICT OF A CITY HAVING  A  POPU-
LATION  OF ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE, THE BOARD OF ETHICS
ESTABLISHED BY THE CITY IN WHICH THE SCHOOL DISTRICT  IS  LOCATED  SHALL
SERVE  AS THE BOARD OF ETHICS OF SUCH SCHOOL DISTRICT AND HAVE JURISDIC-
TION TO ACT IN RELATION TO THE OFFICERS AND  EMPLOYEES  OF  SUCH  SCHOOL
DISTRICT.
  (E)  IN THE CASE OF A MUNICIPALITY THAT HAS NOT ESTABLISHED A BOARD OF
ETHICS AND IS NOT A PARTY TO AN  AGREEMENT  ESTABLISHING  A  COOPERATIVE
BOARD OF ETHICS:
  (I)  THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY, ANNUALLY, WITHIN
THIRTY DAYS FOLLOWING THE START OF THE MUNICIPALITY'S FISCAL YEAR, SHALL
NOTIFY THE APPROPRIATE COUNTY, BOCES OR CITY BOARD OF ETHICS  THAT  SUCH
BOARD  SHALL  SERVE  AS  THE  BOARD OF ETHICS FOR THE MUNICIPALITY. SUCH
NOTICE SHALL BE ACCOMPANIED BY  A  COMPLETE  AND  CURRENT  COPY  OF  THE
MUNICIPALITY'S  CODE OF ETHICS. IF OFFICERS AND EMPLOYEES OF THE MUNICI-
PALITY ARE SUBJECT TO ANNUAL FINANCIAL DISCLOSURE  REQUIREMENTS  IMPOSED
IN  ACCORDANCE  WITH THIS ARTICLE, SUCH NOTICE SHALL ALSO BE ACCOMPANIED
BY A COMPLETE AND CURRENT COPY OF ALL  LOCAL  LAWS,  ORDINANCES,  RESOL-
UTIONS AND REGULATIONS ADOPTED BY THE MUNICIPALITY RELATING TO THE IMPO-
SITION, ADMINISTRATION AND ENFORCEMENT OF THE FILING REQUIREMENT. AT THE
TIME  SUCH NOTICE IS GIVEN, THE CHIEF EXECUTIVE OFFICER SHALL ALSO CAUSE
A COPY OF THE NOTICE TO BE POSTED ON THE MUNICIPALITY'S WEB SITE, IF THE
MUNICIPALITY MAINTAINS A WEB SITE, AND IN EACH PUBLIC BUILDING UNDER THE
JURISDICTION OF THE MUNICIPALITY IN A PLACE CONSPICUOUS TO ITS  OFFICERS
AND EMPLOYEES.

A. 7669--A                          8

  (II)  THE  GOVERNING BODY OF THE MUNICIPALITY, ANNUALLY, WITHIN THIRTY
DAYS FOLLOWING THE  START  OF  THE  MUNICIPALITY'S  FISCAL  YEAR,  SHALL
APPOINT  A  MUNICIPAL REPRESENTATIVE TO THE APPROPRIATE COUNTY, BOCES OR
CITY BOARD OF ETHICS. THE PERSON APPOINTED AS  MUNICIPAL  REPRESENTATIVE
SHALL BE A RESIDENT OF THE MUNICIPALITY, AND SHALL BE KNOWLEDGEABLE WITH
RESPECT  TO  THE  MUNICIPALITY'S  CODE  OF ETHICS AND THE MUNICIPALITY'S
ANNUAL FINANCIAL DISCLOSURE REQUIREMENTS, IF ANY. THE  MUNICIPAL  REPRE-
SENTATIVE  SHALL RECEIVE NOTICE OF, AND BE ENTITLED TO PARTICIPATE, AS A
NON-VOTING MEMBER, IN ALL MEETINGS, PROCEEDINGS, DELIBERATIONS AND OTHER
ACTIVITIES OF THE BOARD THAT PERTAIN TO AN OFFICER OR  EMPLOYEE  OF  THE
MUNICIPALITY.    A  MUNICIPAL  REPRESENTATIVE SHALL RECEIVE NO SALARY OR
COMPENSATION FOR HIS OR HER SERVICES, BUT  WITHIN  AMOUNTS  APPROPRIATED
SHALL  BE  REIMBURSED  FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF HIS OR HER OFFICIAL DUTIES.
  (F) IN THE EVENT THAT A BOARD OF ETHICS ESTABLISHED BY A COUNTY, BOCES
OR CITY SERVES AS THE BOARD OF ETHICS FOR ANOTHER MUNICIPALITY, AND SUCH
MUNICIPALITY SHALL EITHER ESTABLISH A BOARD OF ETHICS OR BECOME A  PARTY
TO  AN  AGREEMENT  ESTABLISHING A COOPERATIVE BOARD OF ETHICS, THE CHIEF
EXECUTIVE OFFICER OF THE MUNICIPALITY SHALL NOTIFY THE COUNTY, BOCES  OR
CITY  BOARD OF ETHICS OF THE DATE AS OF WHICH SUCH BOARD SHALL NO LONGER
SERVE AS THE BOARD OF ETHICS OF  THE  MUNICIPALITY.  SUCH  NOTICE  SHALL
EITHER  STATE  THAT  THE  MUNICIPALITY  HAS ESTABLISHED ITS OWN BOARD OF
ETHICS OR IDENTIFY SUCH COOPERATIVE BOARD OF ETHICS. AT  THE  TIME  SUCH
NOTICE  IS GIVEN, THE CHIEF EXECUTIVE OFFICER SHALL ALSO CAUSE A COPY OF
THE NOTICE TO BE POSTED ON THE MUNICIPALITY'S WEB SITE, IF  THE  MUNICI-
PALITY  MAINTAINS  A  WEB  SITE,  AND  IN EACH PUBLIC BUILDING UNDER THE
JURISDICTION OF THE MUNICIPALITY IN A PLACE CONSPICUOUS TO ITS  OFFICERS
AND  EMPLOYEES.  PROMPTLY  AFTER  THE DATE SPECIFIED IN SUCH NOTICE, THE
COUNTY, BOCES OR CITY BOARD OF ETHICS SHALL TRANSFER TO THE MUNICIPAL OR
COOPERATIVE BOARD OF ETHICS ALL PENDING MATTERS AND RECORDS RELATING  TO
THE  OFFICERS AND EMPLOYEES OF THE MUNICIPALITY; PROVIDED, HOWEVER, THAT
SUCH COUNTY, BOCES, OR CITY BOARD OF ETHICS SHALL HAVE THE DISCRETION TO
RETAIN ANY PENDING MATTER AND RECORDS RELATING THERETO UNTIL  SUCH  TIME
AS THE MATTER IS RESOLVED.
  (G)  EVERY  BOARD OF ETHICS SHALL CONSIST OF AT LEAST THREE MEMBERS, A
MAJORITY OF WHOM SHALL NOT  BE  MUNICIPAL  OFFICERS  OR  EMPLOYEES.  THE
MEMBERS OF EVERY BOARD OF ETHICS SHALL SERVE FOR A FIXED TERM OF OFFICE,
NOT  TO  EXCEED  FIVE  YEARS. THE LENGTH OF SUCH TERM OF OFFICE SHALL BE
DETERMINED BY THE MUNICIPAL GOVERNING BODY THAT ESTABLISHES THE BOARD OF
ETHICS OR SPECIFIED IN THE AGREEMENT ESTABLISHING A COOPERATIVE BOARD OF
ETHICS, PROVIDED THAT SUCH GOVERNING BODY OR AGREEMENT MAY  PROVIDE  FOR
THE  INITIAL  APPOINTMENTS  TO THE BOARD TO BE MADE FOR STAGGERED TERMS.
APPOINTMENTS TO THE BOARD SHALL BE MADE AS FOLLOWS:
  (I) THE MEMBERS OF A COUNTY BOARD OF ETHICS SHALL BE APPOINTED BY  THE
GOVERNING  BODY  OF  THE COUNTY 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, COUNTY MANAGER OR COUNTY ADMINISTRATOR, AS THE CASE  MAY  BE,
SUBJECT TO CONFIRMATION BY SUCH GOVERNING BODY.
  (II)  THE  MEMBERS  OF A BOARD OF ETHICS ESTABLISHED BY A MUNICIPALITY
OTHER THAN A COUNTY SHALL BE APPOINTED BY  THE  GOVERNING  BODY  OF  THE
MUNICIPALITY  OR  BY  SUCH  PERSON  OR  BODY AS MAY BE DESIGNATED BY THE
GOVERNING BODY OF THE MUNICIPALITY.
  (III) THE MEMBERS OF A COOPERATIVE BOARD OF ETHICS SHALL BE  APPOINTED
IN THE MANNER PROVIDED IN THE AGREEMENT ESTABLISHING THE BOARD.

A. 7669--A                          9

  (H)  THE  MEMBERS  OF EVERY BOARD OF ETHICS SHALL RECEIVE NO SALARY OR
COMPENSATION FOR THEIR SERVICES AS MEMBERS OF  SUCH  BOARD,  BUT  WITHIN
AMOUNTS  APPROPRIATED  SHALL  BE  REIMBURSED  FOR  ACTUAL  AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, PROVIDED,
THAT  THE  PROVISIONS  OF  SECTION SEVENTY-SEVEN-B OF THIS CHAPTER SHALL
APPLY TO THE MEMBERS OF A BOARD OF ETHICS.
  2. [The] EVERY board OF ETHICS shall render advisory opinions  to  THE
officers  and  employees  [of municipalities wholly or partly within the
county] UNDER THE BOARD'S JURISDICTION 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] THE BOARD may make recommenda-
tions with respect to the drafting and adoption of a code of  ethics  or
amendments thereto upon the request of the governing body of any munici-
pality  [in the county] FOR WHICH THE BOARD SERVES AS THE MUNICIPALITY'S
BOARD OF ETHICS, AND PERFORM SUCH OTHER FUNCTIONS RELATING TO THE ADMIN-
ISTRATION OF THIS ARTICLE AS MAY BE AUTHORIZED BY THE GOVERNING BODY  OR
AGREEMENT  ESTABLISHING THE BOARD INCLUDING, BUT NOT LIMITED TO, PROVID-
ING ETHICS TRAINING TO THE OFFICERS  AND  EMPLOYEES  UNDER  THE  BOARD'S
JURISDICTION.
  2-A.  (A) NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE
OR RESOLUTION TO THE CONTRARY, EVERY BOARD  OF  ETHICS  SHALL  HAVE  THE
POWER  TO INVESTIGATE POTENTIAL VIOLATIONS OF THIS ARTICLE AND A CODE OF
ETHICS ADOPTED PURSUANT TO THIS ARTICLE INVOLVING THE MUNICIPAL OFFICERS
AND EMPLOYEES UNDER THE BOARD'S JURISDICTION;  PROVIDED,  HOWEVER,  THAT
THIS  SUBDIVISION  SHALL  NOT APPLY TO A JUDGE OR JUSTICE OF THE UNIFIED
COURT SYSTEM. THE BOARD MAY INITIATE SUCH AN INVESTIGATION  EITHER  UPON
ITS  OWN  MOTION  OR  UPON  RECEIPT OF A SWORN COMPLAINT ALLEGING SUCH A
VIOLATION.
  (B) AT ANY TIME AFTER RECEIVING A SWORN  COMPLAINT  OR  INITIATING  AN
INVESTIGATION,  THE  BOARD MAY MAKE A FINAL DETERMINATION THAT THERE HAS
BEEN NO VIOLATION OF THIS ARTICLE OR A CODE OF ETHICS. IN SUCH CASE, THE
BOARD SHALL PROVIDE WRITTEN NOTIFICATION OF SUCH  DETERMINATION  TO  THE
MUNICIPAL  OFFICER  OR EMPLOYEE WHO WAS THE SUBJECT OF THE INVESTIGATION
AND THE COMPLAINANT, IF ANY.
  (C) AFTER INITIATING AN INVESTIGATION, BUT BEFORE MAKING A PRELIMINARY
DETERMINATION THAT THERE HAS BEEN A VIOLATION OF THIS ARTICLE OR A  CODE
OF  ETHICS, THE BOARD SHALL PROVIDE TO THE MUNICIPAL OFFICER OR EMPLOYEE
WHO IS THE SUBJECT OF THE INVESTIGATION WRITTEN  NOTICE  DESCRIBING  THE
POTENTIAL  VIOLATION, AND PROVIDE THE PERSON WITH AT LEAST A FIFTEEN DAY
PERIOD TO SUBMIT A WRITTEN RESPONSE SETTING FORTH  INFORMATION  RELATING
TO THE ACTIVITIES CITED AS THE POTENTIAL VIOLATION.
  (D)  AFTER  THE  EXPIRATION  OF THE PERIOD OF TIME FOR SUBMISSION OF A
WRITTEN RESPONSE PURSUANT TO PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  THE
BOARD  MAY  MAKE  A  PRELIMINARY  DETERMINATION  THAT  THERE  HAS BEEN A
VIOLATION  OF THIS ARTICLE OR A VIOLATION OF A CODE OF ETHICS.  IN  SUCH
CASE,  THE  BOARD  SHALL PROVIDE WRITTEN NOTIFICATION OF THE PRELIMINARY
DETERMINATION TO THE MUNICIPAL OFFICER OR EMPLOYEE WHO IS THE SUBJECT OF
THE INVESTIGATION AND PROVIDE THAT PERSON WITH AN ADDITIONAL OPPORTUNITY
TO BE HEARD. THEREAFTER, IF THE BOARD MAKES A FINAL  DETERMINATION  THAT
THERE HAS BEEN A VIOLATION, THE BOARD SHALL PROVIDE WRITTEN NOTIFICATION
OF SUCH FINAL DETERMINATION TO THE MUNICIPAL OFFICER OR EMPLOYEE WHO WAS
THE  SUBJECT  OF  THE  INVESTIGATION,  THE  COMPLAINANT, IF ANY, AND THE
APPOINTING AUTHORITY FOR SUCH PERSON OR, IF  THE  PERSON  SERVES  IN  AN

A. 7669--A                         10

ELECTIVE  OFFICE,  THE GOVERNING BODY OF THE MUNICIPALITY FOR WHICH SUCH
PERSON SERVES.
  (E) IN CASES WHERE THE BOARD FINDS THAT A MUNICIPAL OFFICER OR EMPLOY-
EE  HAS  WILLFULLY  AND  KNOWINGLY  VIOLATED  THIS  ARTICLE OR A CODE OF
ETHICS, THE BOARD MAY: (I) ISSUE A REPRIMAND; (II) ASSESS A CIVIL PENAL-
TY ON BEHALF OF THE MUNICIPALITY IN AN AMOUNT NOT TO EXCEED ONE THOUSAND
DOLLARS FOR  EACH  SUCH  SPECIFIC  VIOLATION;  (III)  RECOMMEND  TO  THE
APPOINTING AUTHORITY FOR SUCH PERSON, IF ANY, SUSPENSION WITH OR WITHOUT
PAY,  DEMOTION,  TERMINATION  OR  SUCH  OTHER DISCIPLINARY ACTION AS THE
BOARD DEEMS APPROPRIATE; AND (IV) IN THE CASE OF A VIOLATION POTENTIALLY
ENCOMPASSED WITHIN SECTION EIGHT HUNDRED FIVE OF THIS ARTICLE, REFER THE
MATTER TO THE APPROPRIATE LAW ENFORCEMENT AGENCY. 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 SUCH PERSON IN A PROCEEDING AGAINST THE BOARD
BROUGHT PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW  AND
RULES.
  (F)  EVERY  BOARD OF ETHICS SHALL ADOPT RULES TO ENSURE PROCEDURAL DUE
PROCESS IN THE CONDUCT OF ADJUDICATORY PROCEEDINGS HELD PURSUANT TO THIS
SUBDIVISION. THE BOARD SHALL CAUSE A COPY OF SUCH RULES TO  BE  PROVIDED
TO ANY PERSON WHO IS THE SUBJECT OF AN ADJUDICATORY PROCEEDING, AND SUCH
RULES SHALL BE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING.
  2-B.  NOTWITHSTANDING  ANY  PROVISION  IN  ARTICLE SIX OR SEVEN OF THE
PUBLIC OFFICERS LAW TO THE CONTRARY:
  (A) ALL DOCUMENTS AND RECORDS OF A BOARD  OF  ETHICS  RELATING  TO  AN
INVESTIGATION OR AN ADJUDICATORY PROCEEDING CONDUCTED PURSUANT TO SUBDI-
VISION  TWO-A  OF  THIS  SECTION  SHALL BE CONFIDENTIAL AND SHALL NOT BE
AVAILABLE TO THE PUBLIC, EXCEPT THAT FINAL DETERMINATIONS OF  THE  BOARD
WITH  RESPECT TO WHETHER THERE HAS BEEN A VIOLATION OF THIS ARTICLE OR A
CODE OF ETHICS SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND COPYING;
  (B) ADVISORY OPINIONS RENDERED BY A BOARD OF ETHICS SHALL BE AVAILABLE
FOR PUBLIC INSPECTION AND COPYING, PROVIDED THAT INFORMATION IDENTIFYING
THE MUNICIPAL OFFICER  OR  EMPLOYEE  REQUESTING  THE  OPINION  SHALL  BE
REDACTED FROM THE COPY MADE AVAILABLE TO THE PUBLIC; AND
  (C) NO MEETING OF A BOARD OF ETHICS OR PORTION THEREOF RELATING TO THE
CONDUCT  OF AN INDIVIDUAL MUNICIPAL OFFICER OR EMPLOYEE AND NO ADJUDICA-
TORY PROCEEDING CONDUCTED PURSUANT TO SUBDIVISION TWO-A OF THIS  SECTION
SHALL  BE  OPEN  TO THE PUBLIC, UNLESS THE AFFECTED MUNICIPAL OFFICER OR
EMPLOYEE REQUESTS AND THE BOARD AGREES TO PERMIT  PUBLIC  ATTENDANCE  AT
THE MEETING OR PROCEEDING.
  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  offi-
cers  and  employees  of  any municipality located within such county or

A. 7669--A                         11

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 SHALL HAVE THE ADVICE OF COUNSEL EMPLOYED BY THE
BOARD  OR,  IF  NONE, THE ATTORNEY FOR THE MUNICIPALITY THAT ESTABLISHED
THE BOARD OR, IN THE CASE OF A COOPERATIVE BOARD OF ETHICS, SUCH MUNICI-
PAL ATTORNEY AS MAY BE DESIGNATED  IN  THE  AGREEMENT  ESTABLISHING  THE
COOPERATIVE BOARD OF ETHICS.
  4.  THE  board  of  ethics  of  a political subdivision (as defined in
section eight hundred ten of this article) and THE BOARD  OF  ETHICS  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 file a statement with the clerk of its municipality,  that  it  is
the  authorized  repository for completed annual statements of financial
disclosure] REQUIRES FILING OF ANNUAL STATEMENTS OF FINANCIAL DISCLOSURE
PURSUANT TO THIS ARTICLE, SHALL RECEIVE, REVIEW  FOR  COMPLETENESS,  AND
SERVE  AS  REPOSITORY FOR SUCH ANNUAL STATEMENTS AND ENFORCE SUCH FILING
REQUIREMENT.
  5. EACH MEMBER OF EVERY BOARD OF ETHICS SHALL ATTEND AND  SUCCESSFULLY
COMPLETE  A TRAINING COURSE APPROVED BY THE STATE COMPTROLLER WITHIN TWO
HUNDRED SEVENTY DAYS OF HIS OR HER APPOINTMENT OR REAPPOINTMENT  TO  THE
BOARD;  PROVIDED,  HOWEVER,  THAT  NOTHING  IN THIS SUBDIVISION SHALL BE
DEEMED TO REQUIRE A MEMBER OF A BOARD OF ETHICS TO SUCCESSFULLY COMPLETE
SUCH TRAINING COURSE MORE THAN ONCE. THE COURSE SHALL  CONTAIN  TRAINING
RELATED  TO  THE  PROVISIONS  OF  THIS  ARTICLE, CODES OF ETHICS, ANNUAL
FINANCIAL DISCLOSURE AND DECISIONAL LAW RELATING TO CONFLICTS OF  INTER-
EST AND ETHICS AND SUCH OTHER TOPICS AS THE COMPTROLLER DEEMS ADVISABLE.
WHEN  APPROVED  IN  ADVANCE  OF  ATTENDANCE BY THE GOVERNING BODY OF THE
MUNICIPALITY ESTABLISHING THE BOARD OR IN  THE  MANNER  PROVIDED  IN  AN
AGREEMENT  ESTABLISHING  A  COOPERATIVE  BOARD OF ETHICS, THE ACTUAL AND
NECESSARY EXPENSES INCURRED BY A BOARD MEMBER IN SUCCESSFULLY COMPLETING
THE TRAINING REQUIRED BY THIS SECTION SHALL  BE  A  CHARGE  AGAINST  THE
MUNICIPALITY  OR  THE  MUNICIPALITIES  PARTICIPATING  IN THE COOPERATIVE
BOARD OF ETHICS AS PROVIDED IN SUCH AGREEMENT.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A CITY  HAVING  A
POPULATION  OF  ONE  MILLION OR MORE OR TO A COUNTY, SCHOOL DISTRICT, OR
OTHER PUBLIC AGENCY OR FACILITY THEREIN.
  S 12. Subdivision 9 of section 810 of the general  municipal  law,  as
amended  by  chapter  490  of  the  laws  of 2014, is amended to read as
follows:
  9. The term "appropriate body" or "appropriate bodies" shall mean  the
board of ethics [for the] OF ANY political subdivision OR MUNICIPALITY.
  S  13.  Section  13  of  chapter  946 of the laws of 1964 amending the
general municipal law and other laws relating to conflicts  of  interest
of municipal officers and employees, is amended to read as follows:
  S  13. Laws superseded. The provisions of article [eighteen] 18 of the
general municipal law, as added by this act, shall supersede  any  local
law,  charter,  ordinance, resolution, rule or regulation of any munici-
pality to the extent that such local  law,  charter,  ordinance,  resol-
ution,  rule  or regulation is inconsistent with the provisions thereof.
No local law, ordinance, resolution, rule or regulation shall modify  or
dispense  with  any  provision  of  article [eighteen] 18 of the general
municipal law, as added by this act;  provided,  however,  that  nothing
[herein]  contained  IN  THIS  SECTION  shall  prohibit a code of ethics
adopted pursuant thereto from supplementing the provisions of  this  act

A. 7669--A                         12

OR  FROM  BEING  MORE STRINGENT THAN ARTICLE 18 OF THE GENERAL MUNICIPAL
LAW.
  S 14. Notwithstanding any general, special or local law to the contra-
ry, the governing body of any municipality which has prior to the effec-
tive  date  of  this  act: (a) established a board of ethics pursuant to
section 808 of the general municipal law; and (b) not established a term
of office for the members of  such  board,  such  governing  body  shall
establish  terms  of  office  for  the members of such board pursuant to
paragraph (g) of subdivision 1 of section 808 of the  general  municipal
law  as  added by section eleven of this act to begin on a date no later
than the first day of the municipality's fiscal year commencing in  2017
and  on  such date the positions on such board of ethics shall be deemed
vacant, provided that nothing in this  section  shall  be  construed  to
prohibit the reappointment of an incumbent board member for such term of
office.
  S 15. Notwithstanding any general, special or local law to the contra-
ry,  any  person  serving  as  a member of a board of ethics established
pursuant to section 808 of the general municipal law  on  the  effective
date  of  this  act  shall  successfully  complete  the  training course
required by subdivision 5 of section 808 of such law as added by section
eleven of this act within one year of the effective date of this act.
  S 16. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that paragraph (d) of subdivision 1 of section 808 of the general munic-
ipal  law,  as  added  by  section eleven of this act, shall take effect
January 1, 2018.