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This entry was published on 2014-12-26
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SECTION 811
Promulgation of form of annual statement of financial disclosure; authority of governing body with respect to persons subject thereto
General Municipal (GMU) CHAPTER 24, ARTICLE 18
§ 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.

(a-1) In a city with a population of one million or more, such local
law, ordinance or resolution shall require, on two or more types of
forms for annual statements of financial disclosure, disclosure of
information that could reveal potential conflicts of interest as defined
by chapter sixty-eight of the New York city charter.

(i) The disclosure required by such law, ordinance or resolution of
such city shall, at a minimum, include information about any non-city
employment or interests that may give rise to a conflict of interest,
including, but not limited to, interests of the filer and his or her
spouse or registered domestic partner, and unemancipated children, in:
(A) real property located in such city, and (B) positions or business
dealings with, financial interests in, or gifts from, any persons or
firms or entities engaged in business dealings with such city.

(ii) In any such city, local elected officials and compensated local
officers and employees, as defined in subdivisions two and three,
respectively, of section eight hundred ten of this article, shall, at a
minimum, disclose in addition to the information required by
subparagraph (i) of this paragraph: (A) interests in a firm where the
value of the interest is ten thousand dollars or more; (B) where the
official, officer, or employee holds a policy-making position with such
city, membership in the national or state committee of a political party
or service as assembly district leader of a political party or service
as the chair or as an officer of the county committee or county
executive committee of a political party; (C) the names and positions of
any spouse or registered domestic partner, child, stepchild, brother,
sister, parent or stepparent holding a position with any such city; (D)
each volunteer office or position held by the filer or his or her spouse
or registered domestic partner with any not-for-profit organization
engaged in business dealings with such city, except where the person
volunteers only in a non-policymaking, non-administrative capacity; and
(E) agreements between the filer and any person or firm or entity
engaged in business dealings with such city for future payment to or
employment of the filer.

(iii) For purposes of this paragraph, the term "firm" shall have the
same meaning as set forth in subdivision eleven of section twenty-six
hundred one of the New York city charter.

(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
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 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. 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.