2006 New York Code - Additional Definitions.



 
    §  810.  Additional  definitions.  As  used  in sections eight hundred
  eleven, eight hundred twelve and eight hundred thirteen of this article:
    1. The term "political subdivision" shall mean a county, city, town or
  village having a population of fifty thousand or more and shall  include
  a city with a population of one million or more.
    2. The term "local elected official" shall mean an elected official of
  the  political  subdivision,  except  judges  or justices of the unified
  court system.
    3. The term "local officer or employee" shall mean  the  heads  (other
  than  local  elected  officials)  of  any  agency, department, division,
  council, board, commission, or bureau of  a  political  subdivision  and
  their  deputies  and  assistants, and the officers and employees of such
  agencies,  departments,  divisions,  boards,  bureaus,  commissions   or
  councils who hold policy-making positions, as annually determined by the
  appointing  authority  and set forth in a written instrument which shall
  be filed with the appropriate body during the month of February;  except
  that  the  term  "local  officer  or  employee"  shall not mean a judge,
  justice, officer or employee  of  the  unified  court  system.  Members,
  officers  and  employees  of  each  industrial  development  agency  and
  authority shall be deemed officers or employees  of  the  county,  city,
  village   or  town  for  whose  benefit  such  agency  or  authority  is
  established.
    4. The term  "state  agency"  shall  mean  any  state  department,  or
  division,  board,  commission,  or  bureau  of any state department, any
  public benefit corporation, public authority or commission at least  one
  of  whose  members is appointed by the governor, or the state university
  of New York or the city university of  New  York,  including  all  their
  constituent   units   except  community  colleges  and  the  independent
  institutions operating statutory or contract colleges on behalf  of  the
  state.
    5.  The  term "spouse" shall mean the husband or wife of the reporting
  individual  unless  living  separate  and  apart  from   the   reporting
  individual  with  the intention of terminating the marriage or providing
  for permanent separation or unless separated pursuant to: (a) a judicial
  order,  decree  or  judgment,  or  (b)  a  legally  binding   separation
  agreement.
    6. The term "local political party official" shall mean:
    (a)  any  chairman  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;
    (b) that person (usually designated by the rules of a county committee
  as  the  "county  leader"  or  "chairman 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 chairman 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  chairperson  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; and
    (c)  the  city,  town or village chairman or leader of a city, town or
  village committee of a party as the term party  is  defined  in  section
  1-104  of  the  election  law,  but only with respect to a city, town or
  village having a population of fifty thousand or more, and only if  such
  chairman  or  leader  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. The term
  chairman or leader is intended to refer to the person who  performs  the
  functions  and duties of the chief official of a party in the city, town
  or village by whatever title designated.
    The terms "constituted committee" and "political committee",  as  used
  in this subdivision six, shall have the same meanings as those contained
  in section 14-100 of the election law.
    7.  The  term  "relative"  shall mean such individual's spouse, child,
  stepchild, stepparent, or any person who is a direct descendant  of  the
  grandparents   of   the   reporting   individual  or  of  the  reporting
  individual's spouse.
    8. 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 reporting individual.
    9. The term "appropriate body" or "appropriate bodies" shall mean:
    (a) in the case of any political  subdivision  which  has  created  or
  hereafter creates a board of ethics which is in existence at the time an
  annual  statement  of  financial  disclosure  is due, and which has been
  designated by local law, ordinance or resolution to  be  the  repository
  for such completed statements, such board of ethics;
    (b)  in  the  case  of  any political subdivision which has created or
  hereafter creates a board of ethics which is in existence at the time an
  annual statement of financial disclosure is due, and which has not  been
  designated  by  local  law, ordinance or resolution to be the repository
  for such completed statements, the temporary state commission  on  local
  government ethics;
    (c)  in  the  case  of any political subdivision for which no board of
  ethics is in existence at the time  an  annual  statement  of  financial
  disclosure  is  due,  the temporary state commission on local government
  ethics.
    10.  The  term  "regulatory  agency"  shall  have  the same meaning as
  ascribed to such term by subdivision one of section seventy-three of the
  public officers law.
    11. The term "ministerial matter"  shall  have  the  same  meaning  as
  ascribed to such term by subdivision one of section seventy-three of the
  public officers law.
    12. The term "local agency" shall mean:
    (a)  any  county,  city,  town,  village,  school district or district
  corporation, or any agency, department, division, board,  commission  or
  bureau thereof; and
    (b) any public benefit corporation or public authority not included in
  the definition of a state agency.

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