NY Gen Mun L § 812 (2021)
2021 New York Laws GMU - General Municipal Article 18 - Conflicts of Interest of Municipal Officers and Employees 812 - Financial Disclosure for Local Elected Officials and Certain Officers and Employees of Counties, Cities, Towns and Villages.

§  812.  Financial  disclosure for local elected officials and certain officers and employees of counties, cities, towns and villages.   1. (a) Any political  subdivision  or  other  county,  city,  town  or village  to  which  all  of  the  provisions  of  this  section are made applicable, whether  as  the  result  of  the  provisions  contained  in subdivision  two of section eight hundred eleven of this article or as a result of an election to be subject to the provisions of this section as permitted by subdivision two of this section, shall require (i) each  of its  local elected officials and local officers and employees, (ii) each local political party  official  and  (iii)  each  candidate  for  local elected  official with respect to such political subdivision, to file an annual statement of financial disclosure containing the information  and in  the  form  set forth in subdivision five of this section except that disclosure requirements for  assessors  who  are  not  covered  by  this article  shall  be governed by the requirements of section three hundred thirty-six of the real property tax law. Such statement shall  be  filed on  or  before  the  fifteenth  day of May with respect to the preceding calendar year, except that:  (i) a person who is subject to  the  reporting  requirements  of  this subdivision  and  who  timely filed with the internal revenue service an application for automatic extension of time in which to file his or  her individual  income  tax return for the immediately preceding calendar or fiscal  year  shall  be  required  to  file  such  financial  disclosure statement on or before May fifteenth but may, without being subjected to any  civil  penalty  on  account of a deficient statement, indicate with respect to any item of the disclosure statement  that  information  with respect  thereto  is  lacking  but  will  be supplied in a supplementary statement of financial disclosure, which shall be filed on or before the seventh day after  the  expiration  of  the  period  of  such  automatic extension  of  time  within  which  to  file  such individual income tax return,  provided  that  failure  to  file  or  to  timely   file   such supplementary  statement  of  financial  disclosure  or the filing of an incomplete or deficient supplementary statement of financial  disclosure shall  be  subject  to the notice and penalty provisions of this section respecting  annual  statements  of  financial  disclosure  as  if   such supplementary statement were an annual statement;  (ii)  candidates  for  local  elected  official  who  file designating petitions for nomination at a primary election shall file such statement within seven days after the last day allowed by law for  the  filing  of designating  petitions naming them as candidates for the next succeeding primary election;  (iii) candidates for independent nomination for local elected official who have not been designated by a party to receive  a  nomination  shall file  such statement within seven days after the last day allowed by law for the filing  of  independent  nominating  petitions  naming  them  as candidates  for local elected official in the next succeeding general or special or village election; and  (iv) candidates for local elected official who receive the  nomination of  a  party  for  a special election or who receive the nomination of a party  other  than  at  a  primary  election  (whether  or  not  for  an uncontested  office)  shall  file such statement within seven days after the date of the meeting  of  the  party  committee  at  which  they  are nominated.  (b)  As used in this subdivision, the terms "party", "committee" (when used in conjuction with the  term  "party"),  "designation",  "primary", "primary election", "nomination", "independent nomination", "ballot" and "uncontested  office" shall have the same meanings as those contained in section 1-104 of the election law.  (c) Such statement shall  be  filed  with  the  appropriate  body,  as defined in section eight hundred ten of this article.  (d)  The  appropriate body, as defined in section eight hundred ten of this article, shall obtain from the "board of elections", as  such  term is defined in section 1-104 of the election law, lists of all candidates for  local  elected  official,  and from such lists, shall determine and publish lists of those candidates who have not, within  ten  days  after the  required  date  for  filing  such  statement,  filed  the statement required by this subdivision.  (e) Local political party officials and any person  required  to  file such  statement who commences employment after May fifteenth of any year shall file such statement within thirty days after commencing employment or of taking the position of local political party official, as the case may be.  (f) 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.  (g) A person who  is  subject  to  the  filing  requirements  of  this subdivision  from  more  than  one political subdivision within the same county may satisfy the requirements of this subdivision by  filing  only one  annual  statement of financial disclosure with the appropriate body (as is required in that county) for the county in which  such  political subdivisions  are located or if such political subdivisions cross one or more county boundary lines, then such single filing may be made for  any of  the  counties in which one of such political subdivisions is located provided, however, that the appropriate  bodies  (as  required  by  such other  counties)  are  notified  of  the  name  of  the  county  of such compliance by the person who is subjected to the filing requirements  of this  subdivision,  within  the  time limit for filing specified in this subdivision.  (h) A local elected official who is  simultaneously  a  candidate  for local elected official shall satisfy the filing deadline requirements of this  subdivision  by complying only with the deadline applicable to one who holds such local elected office.  (i) A candidate whose name will appear on  both  a  party  designating petition  and  on an independent nominating petition for the same office or who will be listed on the election ballot for the  same  office  more than  once  shall  satisfy  the  filing  deadline  requirements  of this subdivision by complying with the earliest applicable deadline only.   2. The governing body of a county, city,  town  or  village  having  a population  of  less  than  fifty thousand may by local law or ordinance elect to be subject to the provisions of this section.  In  such  event, any such city, county, town or village shall be deemed to be a political subdivision under this section.   3. Any political subdivision or other county, city, town or village to which all of the provisions of this section are made applicable, whether as  a  result  of the provisions contained in subdivision two of section eight hundred eleven of this article or as a result of an election to be subject to the provisions of this section as  permitted  by  subdivision two  of  this  section, may elect to remove itself from the ambit of all (but not some) provisions of this section (other than this  subdivision) by  adopting a local law, ordinance or resolution specifically referring  to the authority conferred by this subdivision. Provided, however,  that the terms of such local law, ordinance or resolution shall be subject to the following conditions and limitations:  (a)  Such  local  law,  ordinance  or  resolution must provide for the promulgation of a form of an annual statement  of  financial  disclosure described  in  subdivision  one  of section eight hundred eleven of this article for use with respect to information the governing body  requires to  be  reported for the calendar year next succeeding the year in which such local law, ordinance or resolution is  adopted  and  for  use  with respect  to  information required to be reported for subsequent calendar years; and shall provide for the filing of completed statements with the board of ethics of the political subdivision or other municipality.  (b) Such removal shall not be effective with  respect  to  the  annual financial  disclosure statement for the calendar year in which the local law, ordinance or resolution is adopted (the filing of  which  statement is  due  on  May  fifteenth  of  the  next  succeeding year with certain exceptions), nor shall such removal be effective  with  respect  to  any required  annual  financial  disclosure  statement  for  the immediately preceding calendar year (the filing of which statement  is  due  on  May fifteenth  (with  certain exceptions) of the calendar year in which such local law, ordinance or resolution is adopted), nor shall  such  removal be  effective  with respect to any other preceding year but such removal shall apply first to the statement which would  have  been  due  on  May fifteenth  (with  certain exceptions) of the second year next succeeding the year in which such local law, ordinance or  resolution  is  adopted, and  such  removal  shall  apply  thereafter  to  subsequent  statements otherwise due pursuant to this section.  (c) Such removal  shall  not  affect  the  power  to  impose,  or  the imposition  of,  a  penalty for failure to file, or for false filing, of any required annual financial disclosure statement.  (d) The local law, ordinance or resolution referred  to  in  paragraph (a)  of  this  subdivision  or  any  other  such local law, ordinance or resolution so adopted may make provision for any other right,  power  or privilege  granted  by  subdivision  one  of  such section eight hundred eleven.   4. Nothing contained in this section shall be construed as  precluding the  governing body of a political subdivision from requiring additional and/or more detailed items of financial disclosure than are set forth in subdivision five hereinbelow.   5. The annual statement of  financial  disclosure  shall  contain  the information and shall be in the form set forth hereinbelow:                ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FORInsert Name of Political Subdivision) - (For calendar year ________)  1. Name ________________________________________________________________ 2. (a) Title of Position _______________________________________________   (b) Department, Agency or other Governmental Entity _________________   (c) Address of Present Office _______________________________________   (d) Office Telephone Number _________________________________________ 3. (a) Marital  Status  ______________. If married, please give spouse's        full name including maiden name where applicable.         ________________________________________ .   (b) List the names of all unemancipated children.         ___________________________________        ___________________________________        ___________________________________        ___________________________________        ___________________________________       Answer  each of the following questions completely, with respect to    calendar year _________, unless another period or date  is  otherwise    specified. If additional space is needed, attach additional pages.      Whenever  a  "value" or "amount" is required to be reported herein,    such value or amount shall be reported as being  within  one  of  the    following  Categories: Category A - under $5,000; Category B - $5,000    to under $20,000; Category C - $20,000 to under $60,000; Category D -    $60,000 to under $100,000; Category E - $100,000 to  under  $250,000;    and  Category  F  -  $250,000  or  over. A reporting individual shall    indicate the Category by letter only.      For the purposes  of  this  statement,  anywhere  the  term  "local    agency"  shall appear such term shall mean a local agency, as defined    in section eight hundred ten of the general  municipal  law,  of  the    political  subdivision  for which this financial disclosure statement    has been filed.  4. (a) List  any  office,  trusteeship,  directorship,  partnership,  or    position  of  any  nature including honorary positions, if known, and    excluding membership positions, whether compensated or not,  held  by    the  reporting  individual  with  any firm, corporation, association,    partnership, or other organization other than the State of  New  York    or  (insert  name  of  political  subdivision).  If  said  entity was    licensed by any state or local agency, was  regulated  by  any  state    regulatory  agency  or local agency, or, as a regular and significant    part of the business or activity of said entity, did  business  with,    or  had  matters  other than ministerial matters before, any state or    local agency, list the name of any such agency.                                                               State or    Position             Organization                        Local Agency     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________   (b) List  any  office,  trusteeship,  directorship,  partnership,  or    position  of  any  nature including honorary positions, if known, and    excluding membership positions, whether compensated or not,  held  by    the  spouse  or unemancipated child of the reporting individual, with    any   firm,   corporation,   association,   partnership,   or   other    organization  other  than  the  State of New York. If said entity was    licensed by any state or local agency, was  regulated  by  any  state    regulatory  agency  or local agency, or, as a regular and significant    part of the business or activity of said entity, did  business  with,    or  had  matters  other than ministerial matters before, any state or    local agency, list the name of any such agency.                                                               State or    Position             Organization                        Local Agency     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________  5. (a) List  the  name,  address  and  description  of  any  occupation,    employment, trade, business or profession engaged in by the reporting    individual. If such activity was  licensed  by  any  state  or  local    agency, was regulated by any state regulatory agency or local agency,    or,  as a regular and significant part of the business or activity of    said entity, did business with, or had matters other than ministerial    matters before, any state or local agency, list the name of any  such    agency.                                                              State or                      Name & Address                          Local       Position       of Organization       Description       Agency     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________   (b) If  the spouse or unemancipated child of the reporting individual    was  engaged  in  any  occupation,  employment,  trade,  business  or    profession  which activity was licensed by any state or local agency,    was regulated by any state regulatory agency or local agency, or,  as    a  regular  and  significant part of the business or activity of said    entity, did business with, or  had  matters  other  than  ministerial    matters before, any state or local agency, list the name, address and    description  of  such  occupation,  employment,  trade,  business  or    profession and the name of any such agency.                                                              State or                      Name & Address                          Local       Position       of Organization       Description       Agency     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________  6. List any interest, in excess of $1,000, excluding  bonds  and  notes,    held  by  the  reporting  individual,  such  individual's  spouse  or    unemancipated child, or partnership of which any  such  person  is  a    member,  or corporation, ten per centum or more of the stock of which    is owned  or  controlled  by  any  such  person,  whether  vested  or    contingent,  in  any  contract  made  or executed by a state or local    agency and include the name of the entity which holds  such  interest    and the relationship of the reporting individual or such individual's    spouse  or  such  child  to  such  entity  and  the  interest in such    contract. Do not list any interest in  any  such  contract  on  which    final  payment  has  been made and all obligations under the contract    except from guarantees and warranties have been performed,  provided,    however,  that  such  an interest must be listed if there has been an     ongoing dispute during the calendar year for which this statement  is    filed  with respect to any such guarantees or warranties. Do not list    any interest in a contract made or executed by a state  agency  after    public  notice and pursuant to a process for competitive bidding or a    process for competitive requests for proposals.                   Entity        Relationship    Contracting     Category      Self,     Which Held       to Entity        State or         of    Spouse or   Interest in     and Interest       Local        Value of      Child      Contract       in Contract        Agency       Contract     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________  7. List any position the reporting individual held as an officer of  any    political  party  or  political  organization,  as  a  member  of any    political party committee, or as a political party  district  leader.    The  term  "party"  shall  have  the  same  meaning as "party" in the    election law. The term "political organization" means  any  party  or    independent  body  as defined in the election law or any organization    that is affiliated with or a subsidiary of  a  party  or  independent    body.     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________  8. (a) If  the  reporting  individual  practices law, is licensed by the    department of state as a real estate broker or agent or  practices  a    profession  licensed  by  the department of education, give a general    description of the principal subject areas of matters  undertaken  by    such  individual.  Additionally, if such an individual practices with    a firm or corporation and is a partner or shareholder of the firm  or    corporation, give a general description of principal subject areas of    matters  undertaken by such firm or corporation. Do not list the name    of the individual clients, customers or patients.     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________   (b) List the name, principal address and general description  or  the    nature  of the business activity of any entity in which the reporting    individual or such individual's spouse had an investment in excess of    $1,000 excluding investments in  securities  and  interests  in  real    property.     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________     _____________________________________________________________________    _____________________________________________________________________  9. List  each  source  of  gifts,  excluding  campaign contributions, in    excess of $1,000, received during the reporting period for which this    statement is filed by the reporting individual or  such  individual's    spouse  or  unemancipated  child from the same donor, excluding gifts    from a relative. Include the name and address of the donor. The  term    "gifts"  does  not  include  reimbursements, which term is defined in    item 10.  Indicate the value and nature of each such gift.                                                                  Category    Self,                                                           of    Spouse or      Name of                       Nature          Value of    Child           Donor         Address        of Gift           Gift     _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________    _____________________________________________________________________  10. Identify and briefly describe the source of any  reimbursements  for     expenditures,  excluding  campaign  expenditures and expenditures in     connection  with  official  duties  reimbursed  by   the   political     subdivision  for  which  this statement has been filed, in excess of     $1,000 from each such source. For purposes of this  item,  the  term     "reimbursements"  shall mean any travel-related expenses provided by     nongovernmental sources and for activities related to the  reporting     individual's   official   duties   such  as,  speaking  engagements,     conferences, or factfinding events. The term  "reimbursements"  does     not include gifts reported under item 9.      Source                              Description      ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________  11. List  the  identity  and value, if reasonably ascertainable, of each     interest in a trust, estate or other beneficial interest,  including     retirement  plans  other  than  retirement plans of the state of New     York or the city  of  New  York,  and  deferred  compensation  plans     established  in  accordance with the internal revenue code, in which     the reporting individual held a beneficial  interest  in  excess  of     $1,000  at  any  time  during  the  preceding  year.  Do  not report     interests  in  a  trust,  estate  or   other   beneficial   interest     established by or for, or the estate of, a relative.                                          Category                                            of     Identity                             Value*      ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________      ____________________________________________________________________     ____________________________________________________________________      _______________     * The  value  of  such interest shall be reported only if reasonably       ascertainable.  12. (a) Describe the  terms  of,  and  the  parties  to,  any  contract,     promise, or other agreement between the reporting individual and any     person,  firm, or corporation with respect to the employment of such     individual after leaving office or position (other than a  leave  of     absence).      ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________    (b)  Describe  the  parties  to  and  the  terms  of  any  agreement     providing for continuation of payments or benefits to the  reporting     individual  in excess of $1,000 from a prior employer other than the     political subdivision for  which  this  statement  is  filed.  (This     includes   interests   in   or  contributions  to  a  pension  fund,     profit-sharing  plan,  or  life   or   health   insurance;   buy-out     agreements; severance payments; etc.)      ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________  13. List  below  the nature and amount of any income in excess of $1,000     from each source for the reporting individual and such  individual's     spouse  for  the  taxable  year  last occurring prior to the date of     filing.  Nature of income includes, but is not  limited  to,  salary     for  government employment, income from other compensated employment     whether  public  or  private,  directorships  and  other   fiduciary     positions,  contractual arrangements, teaching income, partnerships,     honorariums, lecture fees, consultant fees, bank and bond  interest,     dividends,  income  derived  from  a  trust,  real estate rents, and     recognized gains  from  the  sale  or  exchange  of  real  or  other     property. Income from a business or profession and real estate rents     shall be reported with the source identified by the building address     in  the  case  of real estate rents and otherwise by the name of the     entity and not by the name of the individual customers,  clients  or     tenants,  with  the  aggregate  net  income  before  taxes  for each     building address or entity. The receipt of maintenance  received  in     connection  with  a  matrimonial  action,  alimony and child support     payments shall not be listed.                                                        Category     Self/                                                of     Spouse         Source         Nature               Amount      ____________________________________________________________________     ____________________________________________________________________      ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________  14. List  the  sources  of  any deferred income in excess of $1,000 from     each source to be paid to the  reporting  individual  following  the     close  of  the  calendar year for which this disclosure statement is     filed,  other  than  deferred  compensation  reported  in  item   11     hereinabove.    Deferred  income  derived  from  the  practice  of a     profession shall be listed in the aggregate and  shall  identify  as     the  source,  the  name  of  the  firm,  corporation, partnership or     association through which the income  was  derived,  but  shall  not     identify individual clients.                                               Category                                                 of     Source                                    Amount      ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________  15. List each assignment of income in excess of $1000, and each transfer     other  than to a relative during the reporting period for which this     statement is filed for less than fair consideration of  an  interest     in  a trust, estate or other beneficial interest, securities or real     property, by the reporting individual, in  excess  of  $1000,  which     would  otherwise be required to be reported herein and is not or has     not been so reported.                                                              Category     Item Assigned                 Assigned or                  of     or Transferred                Transferred to             Value      ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________     ____________________________________________________________________  16. List below the type and market  value  of  securities  held  by  the     reporting  individual  or such individual's spouse from each issuing     entity in excess of $1,000 at the close of  the  taxable  year  last     occurring  prior  to  the  date of filing, including the name of the     issuing  entity  exclusive  of  securities  held  by  the  reporting     individual   issued  by  a  professional  corporation.  Whenever  an     interest in securities exists through a  beneficial  interest  in  a     trust, the securities held in such trust shall be listed only if the     reporting   individual   has  knowledge  thereof  except  where  the     reporting  individual  or  the  reporting  individual's  spouse  has     transferred  assets  to  such  trust for his or her benefit in which     event  such  securities  shall  be  listed  unless  they   are   not     ascertainable  by  the  reporting  individual because the trustee is     under an obligation  or  has  been  instructed  in  writing  not  to     disclose  the  contents  of  the  trust to the reporting individual.     Securities of  which  the  reporting  individual  or  the  reporting      individual's  spouse  is  the  owner  of  record  but  in which such     individual or the reporting individual's spouse  has  no  beneficial     interest  shall  not  be listed. Indicate percentage of ownership if     the  reporting  person  or  the reporting person's spouse holds more     than five percent of the stock of a corporation in which  the  stock     is  publicly  traded  or  more  than  ten  percent of the stock of a     corporation in which the stock is not  publicly  traded.  Also  list     securities  owned for investment purposes by a corporation more than     fifty percent of the stock of which is owned or  controlled  by  the     reporting individual or such individual's spouse. For the purpose of     this  item the term "securities" shall mean bonds, mortgages, notes,     obligations, warrants and stocks of any class, investment  interests     in  limited or general partnerships and certificates of deposits and     such other evidences of indebtedness and certificates of interest as     are usually referred to as securities. The  market  value  for  such     securities  shall  be  reported only if reasonably ascertainable and     shall not be reported if the security is an interest  in  a  general     partnership  that  was  listed  in  item 8 (a) or if the security is     corporate stock, not publicly traded, in a trade or  business  of  a     reporting individual or a reporting individual's spouse.                                         Category of                                        Market Value as                                        of the close of                                        the taxable year                                        last occurring   Percentage                                        prior to the     of corporate     Self/       Issuing    Type of     filing of this   stock owned or     Spouse      Entity     Security    statement        controlled     __________  _________  __________  ______________   ______________     __________  _________  __________  ______________   ______________     __________  _________  __________  ______________   ______________     __________  _________  __________  ______________   ______________     __________  _________  __________  ______________   ______________  17. List  below  the  location,  size, general nature, acquisition date,     market value and percentage of ownership of  any  real  property  in     which  any vested or contingent interest in excess of $1,000 is held     by the reporting individual or the  reporting  individual's  spouse.     Also   list  real  property  owned  for  investment  purposes  by  a     corporation more than fifty percent of the stock of which  is  owned     or  controlled  by  the  reporting  individual  or such individual's     spouse. Do not list any  real  property  which  is  the  primary  or     secondary  personal  residence  of  the  reporting individual or the     reporting individual's spouse, except where there is a co-owner  who     is other than a relative.      Self/                                           Category     Spouse/                                            of     Percentage     Other                    General  Acquisition    Market       of     Party    Location  Size  Nature      Date        Value    Ownership      ______   ________  ____  ______   ___________  ________  ___________     ______   ________  ____  ______   ___________  ________  ___________     ______   ________  ____  ______   ___________  ________  ___________     ______   ________  ____  ______   ___________  ________  ___________     ______   ________  ____  ______   ___________  ________  ___________  18. List  below all notes and accounts receivable, other than from goods     or services sold, held by the reporting individual at the  close  of     the  taxable  year  last  occurring  prior to the date of filing and     other debts owed to such individual at the close of the taxable year     last  occurring  prior  to  the date of filing, in excess of $1,000,     including the name of the debtor, type of obligation, date  due  and     the  nature  of  the  collateral  securing  payment of each, if any,     excluding securities reported in item 16 hereinabove.  Debts,  notes     and  accounts  receivable owed to the individual by a relative shall     not be reported.                          Type of Obligation,                Category                         Date Due, and Nature                  of     Name of Debtor      of Collateral, if any               Amount      __________________ ____________________________ __________________     __________________ ____________________________ __________________     __________________ ____________________________ __________________     __________________ ____________________________ __________________     __________________ ____________________________ __________________  19. List below all liabilities of  the  reporting  individual  and  such     individual's spouse, in excess of $5,000 as of the date of filing of     this  statement,  other  than liabilities to a relative. Do not list     liabilities incurred  by,  or  guarantees  made  by,  the  reporting     individual  or  such  individual's  spouse or by any proprietorship,     partnership or corporation in which the reporting individual or such     individual's spouse has an interest, when incurred or  made  in  the     ordinary  course  of the trade, business or professional practice of     the reporting individual or such individual's  spouse.  Include  the     name  of  the creditor and any collateral pledged by such individual     to secure payment of any  such  liability.  A  reporting  individual     shall  not list any obligation to pay maintenance in connection with     a matrimonial action, alimony or child support  payments.  Revolving     charge  account  information  shall  only  be set forth if liability     thereon is in excess of $5,000 at  the  time  of  filing.  Any  loan     issued in the ordinary course of business by a financial institution     to   finance  educational  costs,  the  cost  of  home  purchase  or     improvements for a primary or secondary residence, or purchase of  a     personally  owned  motor  vehicle, household furniture or appliances     shall be  excluded.  If  any  such  reportable  liability  has  been     guaranteed  by  any  third  person,  list the liability and name the     guarantor.                                                        Category     Name of Creditor      Type of Liability              of     or Guarantor        and Collateral, if any         Amount      __________________ ____________________________ __________________     __________________ ____________________________ __________________     __________________ ____________________________ __________________     __________________ ____________________________ __________________     __________________ ____________________________ __________________       The requirements of law relating to  the  reporting  of  financial     interests  are  in  the  public interest and no adverse inference of     unethical or illegal conduct or behavior will be drawn  merely  from     compliance with these requirements.      _____________________________________           _____________________  Signature of Reporting Individual)             Date (month/day/year)    6.  A reporting individual who knowingly and wilfully fails to file an annual statement of financial disclosure or who knowingly  and  wilfully with  intent  to  deceive  makes  a false statement or gives information which such individual knows to be false on such statement  of  financial disclosure  filed  pursuant  to  this  section shall be assessed a civil penalty in an amount not to exceed ten thousand dollars. Assessment of a civil penalty hereunder shall be made by the appropriate body,  as  such term  is  defined  in  section  eight hundred ten of this article. For a violation of this subdivision, other than for conduct which  constitutes a violation of subdivision twelve of section seventy-three of the public officers  law, the board of ethics of the political subdivision or other municipality may, in lieu of a civil penalty, refer a violation  to  the appropriate  prosecutor  and  upon  such conviction, but only after such referral, such violation shall be punishable as a class A misdemeanor. A civil penalty for false filing may not be imposed hereunder in the event a category of "value" or "amount" reported hereunder is incorrect unless such reported information is falsely  understated.  Notwithstanding  any other  provision  of  law  to  the  contrary, no other penalty, civil or criminal may be imposed for a failure to file, or for a false filing, of such  statement,  except  that  the  appointing  authority  may   impose disciplinary action as otherwise provided by law. Each appropriate body, as  such  term  is defined in section eight hundred ten of this article, shall adopt rules governing the conduct of adjudicatory proceedings  and appeals  relating  to  the  assessment  of  the  civil  penalties herein authorized.  Such  rules  shall  provide  for  due  process   procedural mechanisms  substantially similar to those set forth in article three of the state administrative procedure act but such mechanisms need  not  be identical  in  terms  or  scope.  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 the affected reporting individual in a proceeding  commenced against  the  appropriate body, pursuant to article seventy-eight of the civil practice law and rules.