2006 New York Code - 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.  In  a  city  with  a population of one million or more, such
  local law, ordinance or resolution shall be at  least  as  stringent  in
  scope and substance as the provisions of section eight hundred twelve of
  this article.
    (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
  conferred upon the temporary state commission on local government ethics
  pursuant to section eight hundred thirteen of this article as such local
  governing body determines 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 either the
  temporary state commission on local government ethics or 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
  of  the  same  import  as  those which the temporary state commission on
  local government ethics enjoys under section eight hundred  thirteen  of
  this  article.  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.

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