There is a newer version of the New York Consolidated Laws
2006 New York Code - Annual Disclosure.
§ 12-110 Annual disclosure.
a. Definitions. As used in this section:
1. The term "business dealings with a state or local agency" shall
mean any transaction with any state or local agency involving the sale,
purchase, rental, disposition or exchange of any goods, services or
property, any license, permit, grant or benefit, and any performance of
or litigation with respect to any of the foregoing, but shall not
include any transaction involving a public servant's residence or any
ministerial matter.
2. The term "city employee" shall be defined as an employee of a city,
county, borough or other office, position, administration, department,
division, bureau, board, commission, authority, corporation or other
agency of government, the expenses of which are paid in whole or in part
from the city treasury and shall include but not be limited to employees
of the New York city health and hospitals corporation, the New York city
industrial development agency and the offices of the district attorneys
of the counties of Bronx, Kings, New York, Queens and Richmond, and the
special narcotics prosecutor.
3. The "conflicts of interest board" shall mean the conflicts of
interest board appointed pursuant to section twenty-six hundred two of
the New York city charter.
4. The term "domestic partners" shall mean persons who have a
registered domestic partnership, which shall include any partnership
registered pursuant to section 3-240 of the administrative code of the
city of New York.
5. The term "independent body" shall mean any organization or group of
voters which nominates a candidate or candidates for office to be voted
for at an election, and which is not a political party as defined in
paragraph seven of this subdivision.
6. The term "local political party official" shall mean:
(1) any chair of a county committee elected pursuant to section 2-112
of the election law, or his or her successor in office, who received
compensation or expenses, or both, from constituted committee or
political committee funds, or both, during the reporting period
aggregating thirty thousand dollars or more;
(2) that person (usually designated by the rules of a county committee
as the "county leader" or "chair of the executive committee") by
whatever title designated, who pursuant to the rules of a county
committee or in actual practice, possesses or performs any or all of the
following duties or roles, provided that such person received
compensation or expenses, or both, from constituted committee or
political committee funds, or both, during the reporting period
aggregating thirty thousand dollars or more:
(i) the principal political, executive and administrative officer of
the county committee;
(ii) the power of general management over the affairs of the county
committee;
(iii) the power to exercise the powers of the chair of the county
committee as provided for in the rules of the county committee;
(iv) the power to preside at all meetings of the county executive
committee if such a committee is created by the rules of the county
committee or exists de facto, or any other committee or subcommittee of
the county committee vested by such rules with or having de facto the
power of general management over the affairs of the county committee at
times when the county committee is not in actual session;
(v) the power to call a meeting of the county committee or of any
committee or subcommittee vested with the rights, powers, duties or
privileges of the county committee pursuant to the rules of the county
committee, for the purpose of filling an office at a special election in
accordance with section 6-114 of the election law, for the purpose of
filling a vacancy in accordance with section 6-116 of such law or for
the purpose of filling a vacancy or vacancies in the county committee
which exist by reason of an increase in the number of election districts
within the county occasioned by a change of the boundaries of one or
more election districts, taking effect after the election of its
members, or for the purpose of determining the districts that the
elected members shall represent until the next election at which such
members of such committee are elected; provided, however, that in no
event shall such power encompass the power of a chair of an assembly
district committee or other district committee smaller than a county and
created by the rules of the county committee, to call a meeting of such
district committee for such purpose;
(vi) the power to direct the treasurer of the party to expend funds of
the county committee; or
(vii) the power to procure from one or more bank accounts of the
county committee the necessary funds to defray the expenses of the
county committee.
The terms "constituted committee" and "political committee" as used in
this subparagraph shall have the same meanings as those contained in
section 14-100 of the election law.
7. The term "political party" shall mean any political organization
which at the last preceding election for governor polled at least fifty
thousand votes for its candidate for governor.
8. The term "political organization" shall mean any political party as
defined in paragraph seven of this subdivision, or independent body, as
defined in paragraph five of this subdivision, or any organization that
is affiliated with or a subsidiary of a party or independent body.
9. The term "relative" shall mean the spouse, domestic partner,
parent, grandparent, stepchild, or stepparent of the person reporting,
or any person who is the direct descendant of the grandparents of the
person reporting or of the spouse or domestic partner of the person
reporting.
10. The terms "state agency" and "local agency" shall be given the
same meanings as such terms are given in section eight hundred ten of
the general municipal law.
b. Persons required to file a financial disclosure report. The
following persons shall file with the conflicts of interest board a
report, in such form as the board shall determine, disclosing certain
financial interests as hereinafter provided. Reports filed prior to
January first, two thousand six may be filed electronically, in such
form as the board may determine, and thereafter shall, except as
otherwise provided by the board in consultation with the filer's agency,
be filed electronically, in such form as the board may determine:
1. Elected and political party officials.
(a) Each elected officer described in sections four, twenty-four,
twenty-five, eighty-one, ninety-one and eleven hundred twenty-five of
the New York city charter, and each local political party official
described in paragraph six of subdivision a of this section, shall file
such report not later than May first of each year.
(b) A local political party official required to file a report
pursuant to subparagraph (a) of this paragraph who is also subject to
the financial disclosure filing requirements of subdivision two of
section seventy-three-a of the public officers law may satisfy the
requirements of paragraph one by filing with the conflicts of interest
board a copy of the statement filed pursuant to section seventy-three-a
of the public officers law, on or before the filing deadline provided in
such section seventy-three-a, notwithstanding the filing deadline
otherwise imposed by paragraph one of this subdivision.
2. Candidates for public office.
(a) Each person, other than any person described in paragraph one, who
has declared his or her intention to seek nomination or election and who
has filed papers or petitions for nomination or election, or on whose
behalf a declaration or nominating paper or petition has been made or
filed which has not been declined, for an office described in paragraph
one of subdivision b of this section shall file such report on or before
the last day for filing his designating petitions pursuant to the
election law.
(b) Each person, other than any person described in paragraph one, who
was a write-in candidate at the primary election for an office described
in paragraph one of subdivision b of this section and whose name is
thereafter entered in the nomination book at the board of elections,
shall file such report within twenty days after such primary election.
(c) Each person, other than any person described in paragraph one, who
has been designated to fill a vacancy in a designation or nomination for
an office described in paragraph one of subdivision b of this section
shall file such report within fifteen days after a certificate
designating such person to fill such vacancy is filed with the board of
elections, or within five days before the election for which the
certificate is filed, whichever is earlier.
(d) The conflicts of interest board shall obtain from the board of
elections lists of all candidates for the elected positions set forth
below, 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 reports, filed the reports required by this section.
3. (a) The following categories of city officers and employees who had
such status during the preceding calendar year or up until the date of
filing their financial disclosure report shall be required to file a
report not later than May first of each year:
(1) Each agency head, deputy agency head, assistant agency head,
member of any board or commission, other than a member of a board or a
commission who serves without compensation;
(2) Each employee of the city council, a district attorney's office,
or the office of the special narcotics prosecutor, whose
responsibilities on April thirtieth of each year involve the independent
exercise of managerial or policymaking functions, as annually determined
by the appointing authority of his or her agency, subject to review by
the conflicts of interest board;
(3) Each city employee, other than an employee of the city council, a
district attorney's office or the special narcotics prosecutor's office,
who is a member of the management pay plan on April thirtieth of each
year in title M4 or higher, or who holds a policymaking position on such
date, as defined by rule of the conflicts of interest board and as
annually determined by the head of his or her agency, subject to review
by the conflicts of interest board;
(4) Each city employee whose duties at any time during the preceding
calendar year involved the negotiation, authorization or approval of
contracts, leases, franchises, revocable consents, concessions and
applications for zoning changes, variances and special permits, as
defined by rule of the conflicts of interest board and as annually
determined by his or her agency head, subject to review by the conflicts
of interest board.
(b) Separation from city service.
(1) Each officer and employee described in this paragraph shall,
following separation from city service, file such report for the portion
of the last calendar year in which he or she served in his or her
position within sixty days of his or her separation from service or on
the May first next succeeding, whichever is earlier, if such person met
the criteria of this subparagraph on his or her last day of service.
Each such officer and employee who leaves service prior to May first
shall also file a report for the previous calendar year within sixty
days of his or her separation from service or on the May first next
succeeding, whichever is earlier.
(2) Each such officer and employee who is terminating or separating
from city service shall not receive his or her final paycheck, and/or
any lump sum payment to which he or she may be entitled, until such
officer and employee has complied with the requirements of this section.
(3) Each elected officer and each local political party official
described in paragraph six of subdivision a of this section shall, after
leaving office, file such report for the previous calendar year, if such
officer or local political party official has not previously filed such
report, and shall file such report for the portion of the last calendar
year in which he or she served in office, within sixty days of his or
her last day in office or on the May first next succeeding, whichever is
earlier.
c. Procedures involving the filing of financial disclosure reports.
1. Each agency shall file with the conflicts of interest board, prior
to the date required for the filing of reports, a list of persons
obligated to report pursuant to this section.
2. Each agency head shall determine, subject to review by the
conflicts of interest board, which persons within the agency occupy
positions that are described in clauses three and four of subparagraph
(a) of paragraph three of subdivision b of this section, and shall,
prior to the date on which the filing of the report is required, inform
such employees of their obligation to report. The conflicts of interest
board shall promulgate rules establishing procedures whereby any
employee may seek review of the agency's determination that he or she is
required to report.
3. The speaker of the council, each district attorney and the special
narcotics prosecutor shall determine, subject to review by the conflicts
of interest board, which persons on their staff occupy positions that
are described in clause two of subparagraph (a) of paragraph three of
subdivision b of this section, and shall, prior to the date required for
the filing of the reports, inform such employees of their obligation to
report.
4. The conflicts of interest board shall promulgate rules establishing
procedures whereby a person required to file an annual financial
disclosure report may request an additional period of time within which
to file such report, due to justifiable cause or undue hardship. Such
rules shall include, but not be limited to, the establishment of a date
beyond which in all cases of justifiable cause or undue hardship no
further extension of time will be granted.
5. Any amendments and changes to a financial disclosure report made
after its filing shall be made on a separate form to be provided by the
conflicts of interest board and attached to the report. Said form shall
contain the corresponding page and item numbers of the report, the
amendment, the signature of the person making such amendment and the
initials of the chair of the board or his or her designee. Amendments
shall be made only by the person who originally filed such report.
d. Information to be reported. The report shall contain the following
information:
1. List the name of the person reporting; his or her title or
position; the entity by which he or she is employed; his or her office
address and telephone number; list the marital status of the person
reporting, and if married, list the spouse's full name including maiden
name where applicable; indicate whether the person is a member of a
domestic partnership, and if so, list the partner's full name; list the
names of all unemancipated children. For purposes of this section, the
term "unemancipated child" shall mean any son, daughter, stepson or
stepdaughter who is under age eighteen, unmarried and living in the
household of the person reporting, and shall also include any son or
daughter of the domestic partner of such person who is under age
eighteen, unmarried and living in the household of the person.
2. List any office, trusteeship, directorship, partnership, or
position of any nature including honorary positions, whether compensated
or not, held by the person reporting or his or her spouse or domestic
partner or unemancipated child with any firm, corporation, association,
partnership, or other organization other than the state of New York. Do
not list membership positions. If the listed entity was licensed or
regulated by any state or local agency, or engaged in business dealings
with, or had matters other than ministerial matters before, any state or
local agency, list the name of such agency.
3. (a) List the name, address and description of any occupation,
trade, business, profession or employment, other than the employment
listed pursuant to paragraph one of this subdivision, engaged in by the
person reporting. If such profession or employment was licensed or
regulated by any state or local agency, or the business engaged in
business dealings with, or matters other than ministerial matters
before, any state or local agency, list the name of any such agency.
(b) If the spouse, domestic partner or unemancipated child of the
person reporting was engaged in any occupation, employment, trade,
business or profession which activity was licensed or regulated by any
state or local agency, or engaged in business dealings 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.
4. List any positions the person reporting 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.
5. If the person reporting practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the state department of education, give a general
description of the principal subject areas of matters undertaken by such
person. If the person reporting practices with a firm or corporation of
which he or she is a partner or shareholder, 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.
6. (a) Describe the terms of, and the parties to, any agreement
providing for continuation of payments or benefits to the person
reporting of one thousand dollars or more from a prior employer other
than the city of New York. Such description of an agreement shall
include interests in or contributions to a pension fund, profit-sharing
plan, life or health insurance, buy-out agreements or severance
payments, etc.
(b) Describe the terms of, and the parties to, any contract, promise
or agreement between the person reporting and any person, firm or
corporation with respect to the employment of such reporting person
after leaving his or her office or position, other than a leave of
absence.
7. List the nature and amount of any income of one thousand dollars or
more from each source derived during the preceding calendar year, to the
person reporting or his or her spouse or domestic partner. For purposes
of this paragraph, "income" shall include, but not be limited to, salary
for government employment, income from other compensated employment
whether public or private, directorships and other fiduciary or advisory
positions, contractual arrangements, teaching income, partnership
income, 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.
8. List the source of each of the following items received or accrued
during the preceding calendar year by the person reporting:
(a) Any deferred income to be paid following the close of the calendar
year for which this disclosure statement is filed, other than any source
of income otherwise disclosed pursuant to subparagraph (a) of paragraph
nine of this subdivision, of one thousand dollars or more from each
source. Deferred income derived from the practice of a profession shall
be listed in the aggregate and shall be identified as to the source,
including the name of the firm, corporation, partnership or association
through which the income was derived, but shall not include individual
clients' identities.
(b) Reimbursement to the person reporting or his or her spouse or
domestic partner, for expenditures, excluding campaign expenditures and
expenditures in connection with official duties reimbursed by the city,
of one thousand dollars or more in each instance. For purposes of this
subparagraph, the term "reimbursements" shall mean any travel-related
expenses provided by non-governmental sources and for activities related
to the reporting person's official duties, such as speaking engagements,
conferences, or fact-finding events, but shall not include gifts
reported pursuant to subparagraph (d) of this paragraph.
(c) Honoraria received by the person reporting or his or her spouse or
domestic partner from a single source in the aggregate amount of one
thousand dollars or more.
(d) Any gift, its value and nature, in the aggregate amount or value
of one thousand dollars or more from any single source received by the
person reporting, his or her spouse or domestic partner or unemancipated
child, during the preceding calendar year, excluding gifts from a
relative, except as otherwise provided under the election law covering
campaign contributions. For purposes of this subparagraph, the term
"gift" shall not include reimbursements, as defined in subparagraph (b)
of this paragraph, and the term "relative" shall mean the spouse,
domestic partner, stepchild, or stepparent of the person reporting, or
any person who is a direct descendant of the grandparents of the person
reporting or of the spouse or domestic partner of the person reporting.
9. (a) List the identity and value, if reasonably ascertainable, of
each interest in a trust, estate or beneficial interest held by the
person reporting or his or her spouse or domestic partner, including but
not limited to (1) retirement plans (other than retirement plans of the
state of New York or city of New York) and (2) deferred compensation
plans established in accordance with the internal revenue code, where
the person reporting or his or her spouse or domestic partner held a
beneficial interest of one thousand dollars or more during the preceding
calendar year. Do not report interests in an estate of a relative, as
defined in subparagraph (d) of paragraph eight of this subdivision, or
interests in a trust or other beneficial interest established by or for
a relative or by or for the estate of a relative.
(b) List each assignment of income of one thousand dollars or more,
and each transfer other than to a relative, as defined in subparagraph
(d) of paragraph eight of this subdivision, during the preceding
calendar year for less than fair consideration of an interest of one
thousand dollars or more, in a trust, estate, or other beneficial
interest, securities or real property, by the person reporting, which
would otherwise be required to be reported herein and is not or has not
been reported.
10. List any interest of one thousand dollars or more, excluding bonds
and notes, held by the person reporting, his or her spouse or domestic
partner or the reporting person's 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. Include the name of the entity which holds such
interest and the relationship of the person reporting, or his or her
spouse or domestic partner or unemancipated 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 for guarantees and warranties, have been performed,
provided, however, that such an interest shall 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.
11. List the name, principal address and general description or the
nature of the business activity of any entity in which the person
reporting or his or her spouse or domestic partner had an investment of
one thousand dollars or more, excluding investments in securities and
interests in real property.
12. List the type and market value of securities held by the person
reporting or his or her spouse or domestic partner from each issuing
entity, valued at one thousand dollars or more at the close of the
preceding calendar year, including the name of the issuing entity,
exclusive of securities held by the person reporting 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 person reporting has knowledge
thereof, except where the person reporting or his or her spouse or
domestic partner has transferred assets to such trust for his or her
benefit; in that event the securities shall be listed unless they are
not ascertainable by the person reporting because the trustee is under
an obligation or has been instructed in writing not to disclose the
contents of the trust to the person reporting. Securities of which the
person reporting or his or her spouse or domestic partner is the owner
of record but in which he or she has no beneficial interest shall not be
listed. Where the person or his or her spouse or domestic partner holds
more than five per centum of the stock of a publicly held corporation or
more than ten per centum of a privately held corporation, percentage of
ownership shall be listed. List any securities owned for investment
purposes by a corporation more than fifty per centum of the stock of
which is owned or controlled by the person reporting or his or her
spouse or domestic partner. For purposes of this paragraph 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 paragraph five
of this subdivision or if the security is corporate stock, not publicly
traded, in a trade or business of the reporting person or his or her
spouse or domestic partner.
13. List the location, size, general nature, acquisition date, market
value and percentage of ownership of any real property in which any
vested or contingent interest of one thousand dollars or more was held
by the person reporting or his or her spouse or domestic partner during
the preceding calendar year. List real property owned for investment
purposes by a corporation more than fifty per centum of the stock of
which is owned or controlled by the person reporting or his or her
spouse or domestic partner. Do not list any real property which is the
primary or secondary personal residence of the reporting person or his
or her spouse or domestic partner, except where there is a co-owner who
is other than a relative, as defined in subparagraph (d) of paragraph
eight of this subdivision.
14. List the identity of each note or account receivable or other
outstanding loan in the amount of one thousand dollars or more held by
the person reporting or his or her spouse or domestic partner during the
preceding calendar year, including debts secured by a mortgage, and
other secured and unsecured debts. List the name of the debtor, type of
obligation, date due and the nature of the collateral, if any, securing
payment for each such debt. Debts, notes and accounts receivable owed to
the person reporting or his or her spouse or domestic partner by a
relative, as defined in subparagraph (d) of paragraph eight of this
subdivision, shall not be reported.
15. List each creditor to whom the person reporting or his or her
spouse or domestic partner was indebted, for a period of ninety
consecutive days or more during the preceding calendar year, and each
such creditor to whom any debt was owed on the date of filing, in an
amount of five thousand dollars or more. Debts to be listed include real
estate mortgages and other secured and unsecured loans. If any
reportable liability has been guaranteed by any third person, list the
name of such guarantor. Do not list liabilities incurred by, or
guarantees made by, the person reporting or his or her spouse or
domestic partner or by any proprietorship, partnership or corporation in
which such person has an interest, when incurred or made in the ordinary
course of trade, business or professional practice of such person.
Include the name of the creditor and any collateral pledged by such
individual to secure payment of any such liability. Do not list any
liability to a relative, as defined in subparagraph (d) of paragraph
eight of this subdivision, or 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 the
liability thereon is in excess of five thousand dollars for a period of
ninety consecutive days or more during the preceding calendar year, or
if the liability thereon is in excess of five thousand dollars as of 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.
16. Whenever a "value" or "amount" is required to be reported pursuant
to this section, such value or amount shall be reported as being within
one of the following categories: (a) at least one thousand dollars but
less than five thousand dollars; (b) at least five thousand dollars but
less than thirty-two thousand dollars, or such other amount as the
conflicts of interest board shall set pursuant to subdivision sixteen of
section twenty-six hundred one and subdivision a of section twenty-six
hundred three of the charter; (c) at least thirty-two thousand dollars,
or such other amount as the conflicts of interest board shall set
pursuant to subdivision sixteen of section twenty-six hundred one and
subdivision a of section twenty-six hundred three of the charter, but
less than sixty thousand dollars; (d) at least sixty thousand dollars
but less than one hundred thousand dollars; (e) at least one hundred
thousand dollars but less than two hundred fifty thousand dollars; (f)
at least two hundred fifty thousand dollars but less than five hundred
thousand dollars; and (g) five hundred thousand dollars or more.
e. Public inspection of reports and privacy considerations.
Information filed in reports required by this section shall be
maintained by the conflicts of interest board and shall be made
available for public inspection subject to the following provisions:
1. Privacy, safety and security requests.
(a) Any person required to file a report pursuant to this section may,
at the time the report is filed or at any time thereafter, except when a
request for inspection is pending, submit a request to the conflicts of
interest board, in such form as the board shall require, to withhold any
item disclosed therein from public inspection on the ground that the
inspection of such item by the public would constitute an unwarranted
invasion of his or her privacy or a risk to the safety or security of
any person. Such request shall be in writing and shall be in such form
as the conflicts of interest board shall prescribe and shall set forth
the reason such person believes the item should not be disclosed.
(b) The conflicts of interest board shall evaluate such request and
any such item shall be withheld from public inspection upon a finding by
the board that the inspection of such item by the public would
constitute an unwarranted invasion of privacy or a risk to the safety or
security of any person. In making this determination, the board shall
consider the following factors:
(1) whether the item is of a highly personal nature;
(2) whether the item in any way relates to the duties of the positions
held by such person, including whether there are security or safety
issues relating to such duties;
(3) whether the disclosure poses a risk to the security or safety of
the reporting person or any other individual;
(4) whether the item involves an actual or potential conflict of
interest.
(c) Any information regarding any financial interests of the spouse,
domestic partner or an unemancipated child of a person filing in which
the person filing has no financial interest shall be withheld from
public inspection as an unwarranted invasion of privacy unless the
conflicts of interest board determines that such information involves an
actual or potential conflict of interest on the part of the person
filing, subject to the factors set forth in subparagraph (b) of
paragraph one of this subdivision.
(d) The conflicts of interest board shall establish procedures
governing the withholding of information on the ground of privacy. Such
procedures shall include provision for the person who filed the
information to appear in person to set forth, or submit a written
statement setting forth, the reasons why the information should be
withheld from public inspection.
2. Requests to examine reports.
The conflicts of interest board, upon receiving a written request by a
member of the public, on such form as the board shall prescribe, to
examine an item for which a written request to withhold information on
the ground of privacy, safety or security concerns was submitted
pursuant to this paragraph shall notify the person who filed the report
that a request for inspection has been made. No such notification shall
be required if the request to examine the report is made by the
inspector general of the agency in which the person who filed the report
is employed or the commissioner of investigation.
f. Retention of reports. Reports filed pursuant to this section shall
be retained by the conflicts of interest board for a period of two years
following the termination of the public employment of the person who
filed the report. In the case of candidates for office who have filed
reports pursuant to this section and who were not elected, the reports
shall be retained by the board for a period of two years following the
day of an election on which the candidates were defeated.
Notwithstanding the foregoing, the board, in consultation with the
department of records and information services and the department of
investigation, may establish by rule a different period or periods of
retention of financial disclosure reports which takes into account the
need for efficient records management and the need to retain such
reports for a reasonable period for investigatory and other purposes.
Such reports shall thereafter be destroyed by the board unless a request
for public disclosure of an item contained in such report is pending. In
lieu of the destruction of such reports, the board, in its discretion,
may establish procedures providing for their return to the persons who
filed them.
g. Penalties.
1. Any person required to file a report pursuant to this section who
has not so filed at the end of one week after the date required for
filing shall be subject to a fine of not less than two hundred fifty
dollars or more than ten thousand dollars. Factors to be considered by
the conflicts of interest board in determining the amount of the fine
shall include but not be limited to the person's failure in prior years
to file a report in a timely manner, and the length of the delay in
filing. In addition, two weeks after the date required for filing, the
conflicts of interest board shall inform the appropriate agency and the
commissioner of investigation of the failure to file of any such person.
2. Any intentional violation of the provisions of this section,
including but not limited to failure to file, failure to include assets
or liabilities, and misstatement of assets or liabilities, shall
constitute a misdemeanor punishable by imprisonment for not more than
one year or by a fine not to exceed one thousand dollars, or by both,
and shall constitute grounds for imposition of disciplinary penalties,
including removal from office in the manner provided by law. In
addition, any intentional violation of the provisions of this section
may subject the person reporting to assessment by the conflicts of
interest board of a civil penalty in an amount not to exceed ten
thousand dollars.
3. Any intentional and willful disclosure of confidential information
that is contained in a report filed in accordance with this section, by
a city officer or employee or by any other person who has obtained
access to such a report or confidential information contained therein,
shall constitute a misdemeanor punishable by imprisonment for not more
than one year or a fine not to exceed one thousand dollars, or by both,
and shall constitute grounds for imposition of disciplinary penalties,
including removal from office in the manner provided by law.
4. The conflicts of interest board shall establish procedures
governing the receipt of complaints alleging a violation of this
section.
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