New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.3 - Executive order no. 3: establishing a board of public disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
I. There is hereby
				  established in the Department of State a Board of Public Disclosure ("the
				  Board"), consisting of the Secretary of State, the Secretary to the Governor,
				  the Counsel to the Governor, and four public members to be appointed by the
				  Governor. One of the four public members shall be designated by the Governor as
				  chairman. The public members shall serve at the pleasure of the Governor, and
				  shall receive no compensation, but shall receive reimbursement for any
				  necessary expenses in connection with the performance of their duties. None of
				  the public members may hold any public office, elected or appointed, or any
				  office in any political party. The Board may retain the services of a staff
				  assistant, fix the compensation therefor and assign such responsibilities to
				  the staff assistant as the Board may deem appropriate. The staff assistant
				  shall work under the supervision of the Counsel to the Governor.
II. The head of every State department,
				  division or agency who is appointed or nominated by the Governor; their
				  deputies and assistants, and, as determined by the appropriate department,
				  division or agency head in consultation with the Board, the officers and
				  employees in such departments, divisions or agencies who hold policymaking
				  positions; senior officers and employees in the Executive Department who hold
				  policymaking positions and are appointed by the Governor; and every member of
				  the governing body of any State board, commission, council, authority, public
				  benefit corporation, or similar entity, serving at the pleasure of the
				  Governor, who receives compensation from the State, shall, upon the filing of
				  an oath of office and annually as of December 31st and by the succeeding
				  February 28th, file with the Board a Financial Disclosure Statement which shall
				  be substantially in the form provided by the Counsel to the Governor, with such
				  changes therein as may from time to time be prescribed by the Board. Each such
				  annual report shall include a statement confirming that the person making such
				  report has at all times to and including the date of the report complied with
				  the provisions of Public Officers Law section 74 to the extent such provisions
				  apply to such person.
III. No
				  person referred to in Part II shall serve as an officer of any political party
				  or political organization, or serve as a member of any political party
				  committee, including political party district leader (however designated), or
				  member of a political party's national committee.
No such person shall engage in any other activity which
					 interferes or is in conflict with the proper and effective discharge of such
					 person's official duties, as determined by the Board.
IV. No person referred to in Part II shall
				  hold any other public office or public employment for which more than nominal
				  compensation, direct or indirect, is received; expend time or otherwise engage
				  in any private employment, profession, business or other activity from which
				  more than nominal compensation, direct or indirect, is derived; or serve as
				  director or officer of any profit-making corporation or institution, without,
				  in each such case, first advising the Board, in an application whose form the
				  Board shall prescribe, of such person's plans to engage in such activity. The
				  Board shall promulgate guidelines as to what constitutes nominal compensation,
				  and shall promulgate rules governing the procedure by which such applications
				  will be considered. The Board shall review all such applications. In connection
				  with such review, the Board may require the person planning to engage in the
				  activity to submit such additional information as the Board may deem
				  appropriate.
The Board shall advise such persons whether the proposed
					 activity violates the intent of this Order or interferes or conflicts with the
					 proper and effective discharge of the official duties of the person planning to
					 engage in the activity. In reaching its determination, the Board shall also
					 consider the provisions of sections 73 and 74  of the Public Officers
					 Law.
The Board shall make a determination in each such case. The
					 application to the Board and the determination of the Board in every such case
					 shall be private and advisory only; provided that the Board may provide to the
					 Governor such information with respect to such applications and determinations
					 as it from time to time deems appropriate.
V. The Board shall review Financial
				  Disclosure Statements to assure adequate compliance. The Board shall report to
				  the Governor any conflict of interest or violation of this Order.
The Board shall file Financial Disclosure Statements for
					 public viewing with the Department of State in Albany, and shall establish a
					 procedure, to be implemented by the Secretary of State, by which the statements
					 may be viewed by the public.
Any person required to file a Financial Disclosure
					 Statement may request the Board to delete from the copy thereof made available
					 for public viewing one or more items, which may be deleted by the Board upon a
					 finding that any such item is of a highly personal nature, does not in any way
					 relate to the duties of the position held by such person, and does not create
					 an actual or potential conflict of interest. In addition, the Board may
					 determine, with respect to all such statements, or statements of defined
					 categories of persons, that one or more items shall be deleted from the copies
					 thereof made available for public viewing upon a similar such finding.
VI. Upon request of the Governor,
				  the Board shall review information submitted to the Governor by any prospective
				  appointee, and shall advise the Governor whether any actual or potential
				  conflicts of interest exist.
VII.
				  The provisions of this Order shall not apply to the members of the governing
				  body of any State board, commission, council, or similar entity, which performs
				  solely advisory functions, as determined by the Board.
VIII. Executive Order Number 10.3, dated July
				  31, 1981, is revoked and superseded by this Executive Order.
Signed: Mario M. CuomoDated: January 18, 1983
[FN*] [Revokes and supersedes Executive Order No. 10.3
					 (Hugh L. Carey), §
											3.10, supra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot
					 Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson),
					 infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]