2023 New York Laws › GMU - General Municipal › Article 18 - Conflicts of Interest of Municipal Officers and Employees › 811 - Promulgation of Form of Annual Statement of Financial Disclosure; Authority of Governing Body With Respect to Persons Subject Thereto.

§   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.